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Case Process

Dealing with a serious asbestos-related condition such as mesothelioma or asbestosis can be very expensive. Incurred costs such as medical bills, rising insurance premiums, and transportation to and from the hospital and specialists' offices are just a few of the financial burdens that can accumulate. Asbestos-related diseases ultimately develop into extremely debilitating conditions and eventually prevent victims from working, causing them to cope with medical expenses with little or no income. Most asbestos-related medical problems are the result of an asbestos manufacturing corporation's negligence. As such, those inflicted with asbestos-induced diseases should contact a lawyer immediately. By filing a lawsuit against those responsible for your medical condition, you will not only have the opportunity to be compensated, but your case will help bring justice to future asbestos-related cases as well.

The case process, when broken down, can be understood as a simplistic order of operations. There are six main steps:

1. Filing: You must file a lawsuit with the court. The defendant will be contacted with your claim.
2. Responses: The defendant in the case will give a response to your claim.
3. Discovery: After initially filing the lawsuit, both legal teams will gather information regarding the case. In most cases, the defendant's legal team will ask you to answer questions, both written and on videotape (which can even be performed in the comfort of your home).
4. Setting a Trial Date: If the case goes to trial, a date will be set.
5. Settlement: Before the trial starts, the defendant's lawyers may offer to resolve the case for a set amount of money. However, this initial offer amount may be low in comparison to future offers. The defendant may make a better settlement offer during trial.
6. The Trial: The trial process varies depending on where you file a claim. In many cases, it is not necessary for the plaintiff to appear in court.

If you are in poor health, as is often the case in asbestos-related medical situations, the entire process may be expedited. However, if there is no urgency, this process could take several months or more. Though the process may take several months, be aware that there is no client involvement-your lawyer will handle every step.

Throughout the process your lawyer can help explain each stage. Keep in mind, your lawyer should not demand payment unless you win the lawsuit. When the case has been won, a percentage of the settlement will be paid to your lawyer. In the event that a case is not won, you will pay no fees to the lawyer.

One of the facets your lawyer should explain upfront is the important vocabulary surrounding your case. The following include some of the main words that will help plaintiffs to understand the court process:

• Statute of Limitations: A deadline imposed by the state court system. You must begin the case process within this time period or you cannot file suit. This deadline varies according to state, so it is important to promptly begin legal proceedings to make sure you are within the deadline.
• Petition: When filing a lawsuit, your lawyer will write a petition that identifies who you are suing and why.
• Interrogatories: During the discovery process, you may be asked to fill out written questionnaires from the defendant's lawyers. These are called interrogatories.
• Deposition: Also during the discovery process, the lawyers may ask you to answer questions from both sides on videotape. This is called the deposition, and can be done in your own home.

During the case process, you will be known as the plaintiff, while the person or corporation you are suing will be referred to as the defendant.

The case process is a bit different if the lawsuit is filed by family members of someone who has passed away due to an asbestos-related illness. In this case, instead of filing a personal injury case, a wrongful death lawsuit will be filed. Note that if the plaintiff passes away during the case process, the original case will close and a wrongful death lawsuit can be filed by family members (keep in mind, the discovery process may not take as long since most of the work will have already been completed). Whether filing a person injury suit or wrongful death suit, know that your involvement in the entire process is very limited, as every stage of the lawsuit is completely handled by your lawyer.

If you have developed a health condition due to exposure to asbestos, the first concern should be your health and getting the best medical treatment possible. However, do not forget you have legal rights as well. For more information, please fill out the form on the right to receive an informative packet or give us a call at 1-800-ASBESTOS (1-800-272-3786), and please read Your Legal Rights.

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