Mesothelioma Case Process
Thousands of Americans each year learn they have mesothelioma, an aggressive cancer which forms due to asbestos exposure.
The corporations which manufactured, sold and made profits off asbestos are responsible for this disease. Asbestos is the only proven cause of mesothelioma, and these corporations should be held accountable for putting millions of people at risk.
The lung cancer and mesothelioma case process involves numerous steps. As a patient, you should have confidence in your lawyer’s ability to manage the procedure.
The Steps of the Mesothelioma Case Process
While many victims and their families want to seek compensation, most are unfamiliar with the mesothelioma case process. They likely don’t have a legal background and, without representation, cannot help themselves or their loved ones receive the financial assistance they deserve.
These types of cases follow a specific set of steps, and those steps vary for each individual case. So do asbestos trust fund claims. As the patient and victim, or family member of one, you should familiarize yourself with the mesothelioma case process.
Preparing the Case
The first step is building your case. This stage includes you and your attorney meeting to discuss your work history, locations where you’ve lived and whether you or a family member has used any appliances, household items or health products that contain asbestos.
Additionally, you and your mesothelioma lawyer will also discuss any instances of secondhand exposure, such as a loved one working in an occupation involving asbestos and bringing the substance into your home.
The last step in preparing the case is compiling and including any medical documents showing you have mesothelioma.
Filing the Case
Your lawyer should file the mesothelioma case in the locations which are most advantageous to you and your family while still keeping a solid legal basis for the locations. We say “locations” as plural intentionally, because some cases may include multiple states.
Asbestos exposure often isn’t limited to just one location. Your exposure may have occurred in one state but the company responsible is based out of another. Additionally, you may have had numerous instances of asbestos exposure covering many locations.
The lawyers at BCBH Law will file your claim in the location or locations that help you and your family the most.
Discovery
The discovery phase is the time when your attorneys compile additional evidence to support your case. A knowledgeable mesothelioma lawyer, like those at BCBH Law, will gather witnesses and medical experts that support the connection between your asbestos exposure and the development of mesothelioma in your body.
Your lawyer may also ask you for a deposition, which is a legal statement used for a hearing or trial. You can record this deposition in your home during this discovery phase, if you are unable to attend the trial.
There may be hearings during the discovery phase of the mesothelioma case process. If so, your lawyer usually appears in court on your behalf, allowing you to focus on treatment, spend time with family and avoid stress.
Negotiations
Once your mesothelioma case progresses to a specific point, there is typically little room for the defendants to refute their responsibility in causing your disease. The evidence usually backs your claim, which is why a judge has not dismissed the case.
At this stage in the mesothelioma case process, the defendants may come to the negotiating table with settlement offers. They’ll negotiate settlements because they want to avoid the risk of losing a trial and potentially paying large sums of money to you and their own lawyers’ attorney fees.
Negotiations involve your mesothelioma lawyer meeting with the defending companies’ attorneys to discuss a mesothelioma settlement amount. If you have an experienced lawyer, such as those from BCBH Law, they’ll know what adequate mesothelioma settlement amounts are for your case based on numerous factors, including:
- Where the lawsuit is filed
- How much evidence you have supporting your claim
- The financial strain you and your family have faced due to the disease
- How much in loss of earnings you may have
Trial and Verdict
If the case goes to trial, a jury will declare a verdict. Most cases never reach the trial stage of the mesothelioma case process. According to a 2008 report from The New York Times, between 80 and 92 percent of all cases from 2002-2005 settled. For mesothelioma claims, the percentage ending in a settlement could be even higher than 92 percent.
Fortunately, this is good news for you and other victims. When cases settle, the victim receives compensation much faster compared to when the case goes to trial.
Settlements don’t involve appeals, which are customary following a trial and verdict. Appeals can hold up compensation payment to the victim for months or years.
However, if a settlement isn’t reached, that likely means you have a strong case and the defendant wasn’t offering an adequate mesothelioma settlement amount to end it before trial. Considering mesothelioma is a life-altering disease, you and your family shouldn’t be short-changed on the financial assistance you receive.
Start the Legal Process
Complete your free case evaluation today.
You don’t have to commit to filing a claim today. Completing our free case evaluation will:
- Put you in contact with an experienced lawyer
- Provide legal options you otherwise wouldn’t have
- Move you closer to regaining financial stability
Filing an Asbestos Trust Fund Claim
Asbestos trust fund claims are different than lawsuits. Fortunately, the major differences favor you and other mesothelioma patients.
When asbestos-related lawsuits became common, many manufacturers on the receiving end chose to file for bankruptcy. A bankrupt company cannot be sued, which could’ve left thousands of Americans with mesothelioma without any legal options.
Asbestos trust funds are a saving grace for victims in these circumstances. The courts required newly bankrupt asbestos companies to create trust funds, which would compensate future victims of their misconduct.
How to File an Asbestos Trust Fund Claim
Filing asbestos trust fund claims is not a complicated process for an experienced lawyer. Better yet, they usually result in quicker payment to the victim. There is no trial associated with asbestos trust fund claims. There’s no jury or verdict, no negotiating a settlement and no deposition needed.
The companies behind the trust funds have already put aside funds in these accounts for asbestos victims such as you and your family.
The most important part of filing such a claim is researching your exposure history and determining which companies are liable for your disease. There may be just one corporation at fault — or, more likely, there are multiple.
The lawyers at BCBH Law will uncover that information along with which of the companies filed for bankruptcy and have trust funds to pay you. Once your exposure history is finalized and all evidence compiled, your lawyer will handle the process for filing claims.
Importance of a Mesothelioma Lawyer
The idea of starting the mesothelioma case process and seeking compensation might be overwhelming to you and your family. Fortunately, you don’t have to manage this alone.
Many lawyers will want you as a client but some don’t have experience handling these types of cases. Only a small percentage of attorneys focus on mesothelioma lawsuits.
Our lawyers are part of that niche group. Hiring one of our experienced national mesothelioma lawyers will help you move through the mesothelioma case process quickly.
Our lawyers are part of that niche group. Hiring one of our experienced national mesothelioma lawyers will help you move through the mesothelioma case process quickly.
Study Finds Settling Is Better Than Going to Trial. The New York Times. Retrieved from: https://www.nytimes.com/2008/08/08/business/08law.html. Accessed: 03/22/2019