Filing A Mesothelioma Lawsuit
As a Maryland mesothelioma lawyer from Brown Kiely, LLP can explain, the needs of each mesothelioma case vary widely based on the circumstances that lead to the cancer, with exposure to asbestos occurring long before becoming ill. However the process of filing a mesothelioma lawsuit remains consistent. Today we discuss the steps of the lawsuit process to help you build an understanding of what to expect.
Initial Consultation | During the initial consultation you will meet with your lawyer to discuss your experience in detail and the reasons you believe that wrongful asbestos exposure is the reason for your diagnosis, subsequent damages and harm. During the process your lawyer will determine if you are within the statute of limitations for this type of claim, a time limit for filing.
Documentation | If it is determined that you have a viable case, you then may discuss payment agreements and sign documents that authorize the legal team to initiate work on your case. Your legal team will start the process of obtaining medical records and other documentation that pertains to the illness.
Investigation & Review of Case Details | Your lawyer will then begin investigation, an in-depth review of the circumstances and details that may indicate a wrongful exposure to asbestos or other circumstances that can lead to a mesothelioma diagnosis. Further investigation enables lawyers to develop a strategy for achieving the desired outcome.
Obtaining Witnesses | An expert witness has a professional background in mesothelioma related lawsuits and wrongful exposure to asbestos. They will receive the details of your case from which they will be able to develop statements for use in arguing the case.
Pre-Trial & Depositions | Depositions will be recorded on behalf of the plaintiff and the defendant, and additional legal issues that may arise between both parties will be addressed accordingly.
Settlements | Prior to entering a potential trial proceeding, either party may propose a settlement, usually in the form of financial compensation based on pre-trial depositions. At this point as the plaintiff, it is acceptable to either agree, decline, or for your lawyer to negotiate the settlement offer.
Trial | If it is decided that the settlement offer is disagreeable, you have the option to take the case to trial. Mesothelioma lawsuit trials may take place in front of a jury or only a judge.
Deliberations & Verdict | After the initial trial, the judge or jury will review the evidence as it was presented and may arrive at a verdict. If no verdict can be reached by a jury, it may be ruled as a mistrial, requiring a retrial.
Post-Trial Motions & Appeals | If a verdict was decided, the losing side has the opportunity to appeal, or argue against it. If the award amount was unreasonable, either side may argue their reasoning with the judge and adjustments may be eligible by means of a second trial.
Finalization & Resolution | Pending on the resolution of the case, documents will be presented for signing that release liability for pursuing further compensation if the condition worsens or from having to pay back any money if the condition improves.