Last updated on March 26th, 2024 at 03:22 am
Mesothelioma is a type of cancer that affects the lining of the lungs, chest, abdomen, and heart. Mesothelioma is caused by asbestos exposure, a mineral widely used in construction, manufacturing, and other industries until the 1970s-80s, when its health hazards became known and banned in various industries. If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation from the companies responsible for your asbestos exposure. This article will discuss the first steps for filing a mesothelioma lawsuit against a corporation.
Table of Contents
Step 1: Find a Mesothelioma Lawyer
Finding a lawyer is the first and most important step in filing a mesothelioma lawsuit. Mesothelioma cases are complex and require specialized knowledge and experience. A mesothelioma lawyer can help you understand your legal rights, evaluate your case, and guide you through the legal process. The dedicated lawyers at ELSM Law have over 40 years of experience securing claims for mesothelioma suits and have represented hundreds of families nationwide.
When choosing a mesothelioma lawyer, look for someone with experience handling mesothelioma cases and a track record of success who practices with compassion and support for clients. You should also choose a lawyer who works on a contingency fee basis, which means they only get paid if you receive compensation.
Step 2: Gather Information About Your Exposure
Once you have found a mesothelioma lawyer, the next step is to gather information about your asbestos exposure. Exposure information may include:
- When and where were you exposed
- The type of asbestos-containing products you were exposed to
- The companies that manufactured or distributed those products
Your mesothelioma lawyer may help you gather this information by conducting an investigation, obtaining your employment and medical records, and interviewing witnesses who can attest to your exposure.
Step 3: Determine Who to Sue
After gathering information about your exposure, your mesothelioma lawyer will help you determine who to sue. Responsible parties may include the companies that manufactured or distributed the asbestos-containing products you were exposed to and those that employed you and were responsible for your safety on the job.
In some cases, multiple companies may be responsible for your asbestos exposure. Your mesothelioma lawyer will help you identify all potentially liable parties and develop a strategy for holding them accountable.
Step 4: File a Complaint
Once you have identified the companies you wish to sue, your mesothelioma lawyer will file a complaint on your behalf. The complaint will outline your legal claims and the damages you are seeking. After filing the complaint, the defendants will have a certain amount of time to respond. They may deny liability, argue that the statute of limitations bars your claims, or raise other defenses.
Your mesothelioma lawyer will work to refute these defenses and advocate for your right to compensation. Remember, if you work with a law firm like ELSM Law, you don’t pay your legal fees unless you are rewarded compensation in the case.
Step 5: Conduct Discovery
After filing the complaint and response, the next step is discovery. Discovery is the process by which each party collects information and evidence from both sides to prepare their case.
Discovery may include depositions, where witnesses are questioned under oath; written interrogatories, where each party must answer written questions; and requests for documents and other evidence.
Your mesothelioma lawyer will work to gather as much evidence as possible to support your case, including medical records, employment records, and testimony from experts in the field.
Step 6: Negotiate a Settlement
After discovery is complete, the parties may enter into settlement negotiations. In some cases, the defendants may offer to settle the case rather than go to trial. Your mesothelioma lawyer will work to negotiate a settlement that provides fair compensation for your injuries and losses.
The case may proceed to trial if a settlement cannot be reached. Your mesothelioma lawyer will prepare your case for trial and advocate for your rights.
Step 7: Attend Trial
If your case goes to trial, your mesothelioma lawyer will represent you in court. Court representation may involve presenting evidence, questioning witnesses, and arguing your case before a judge and jury.
During the trial, the defendants may argue that they are not liable for your injuries, that you were not exposed to asbestos in their products or workplaces, or that your mesothelioma was caused by something other than asbestos.
Your mesothelioma lawyer will work to counter these arguments and present a strong case for your right to compensation. If successful, you may be awarded damages to cover your medical expenses, lost wages, pain and suffering, and other losses.
Step 8: Receive Compensation
If you are successful in your mesothelioma lawsuit, you will receive compensation for your injuries and losses. Payment may come in a settlement, a court award, or a combination of both.
Your mesothelioma lawyer will work to ensure that you receive the maximum amount of compensation possible for your injuries and losses. They may also help you navigate your settlement or award’s legal or tax implications.
Filing a mesothelioma lawsuit can be a complex and challenging process, but with the help of a skilled mesothelioma lawyer, you can get the compensation you deserve. If you or a loved one has been diagnosed with mesothelioma, don’t wait – take the first step today by finding a mesothelioma lawyer who can help you navigate the legal process and fight for your rights.
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