In a mesothelioma suit, parties who utilized asbestos products and who manufactured them may be held responsible for the health issues caused. In a mesothelioma suit, the following parties can be held liable:
- The manufacturer of the product(s)
- The component parts manufacturer
- The distributor or wholesaler of the product
- The employer or company who has engaged workers to utilize products containing asbestos
The duration you have for filing a mesothelioma case is governed by deadlines. Your major responsibility is to understand the deadlines first.
States determine the mesothelioma litigation laws, so the requirements vary from state to state. For instance, every state government has its own time limits on the waiting period for filing a mesothelioma legal suit. Legally this is referred as statute of limitations. The average time range for filing a mesothelioma suit is one to three years after diagnosis or death of the mesothelioma patient.
The general reason that a mesothelioma lawyer cannot file a legal suit is due to the passed deadline. Make sure you don't make this usual mistake.
Mesothelioma litigation can support you and your family financially, but stick to the deadlines for filing. If you consider that you have the right to file mesothelioma legal suits, don't hesitate; talk to a mesothelioma lawyer and start the legal processes.
Though every mesothelioma case is different, there are common processes to be followed. The suit process will be faster in the case of mesothelioma, because the patients who suffer from this deadly disease usually have a shorter survival rate.
Related: Read our exclusive article on how to file a mesothelioma case
Let us take a look at the steps involved in typical mesothelioma legal suits:
Your attorney will collect all the necessary information first, and then a legal document will be created, known as complaint, that specifies your health issues and why the defendant is responsible for your injuries.
Filing the Legal suit
Your complaint will be reviewed by the law firm to ensure that it follows the rules of the court and how it describes your claim. Your attorney will file the prepared complaint.
The defendants, who are the companies or employers who employed you to work with asbestos products have to respond to the claim as mentioned in your complaint.
Before any legal suit goes to trial or settles, both parties should collect evidence by requesting necessary documents and getting depositions. This phase is legally termed as discovery. Your attorney will prepare you for any questions the defense may ask you.
Many mesothelioma legal suits get settled before trial. However, if the suit goes to trial, your lawyer will take care of the process and make it easier for you. You don't have to participate in the whole trial. You will be informed about the trial by your law firm. In most cases, you don't need to travel; video or phone communication may be sufficient.
Claims And Appeals
After trial, the jury awards the requested claim which you and your family can collect after a few months. In some cases, the defendant may appeal on the verdict. If this further appeal happens, it will delay the receipt of payments.
The above-mentioned steps are common for any mesothelioma legal suit. You can also file for your deceased family member through a wrongful death claim. If you have any questions please read our mesothelioma legal suit FAQs.
United States Department of Veterans Affairs. (2012). Asbestos. Retrieved from http://www.publichealth.va.gov/exposures/asbestos/index.asp
Drugwatch. Mesothelioma legal suits lawyer & asbestos cancer claims. Retrieved February 7, 2017, from https://www.drugwatch.com/mesothelioma/legal suit/
Mesothelioma legal suit, asbestos legal suits. Retrieved February 7, 2017, from http://www.simmonsfirm.com/mesothelioma/legal suit/