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Trial

The vast majority of asbestos-related cases are settled outside of court, where a lawyer helps negotiate the terms of such agreements. However, in some instances the case may have to go to trial. Even if the case does not go to trial, your lawyer will prepare throughout the entire case process as though the claim will to go trial. But only you and your lawyer can decide if a trial really is the best option.

After setting a trial date, your lawyer will prepare you for what to expect and will further research and develop the case. There are two different types of trails to experience-the first is just held before a judge, while the second is held before a judge and jury. When first setting a trial date, your lawyer can request the trial be heard before a judge and jury, instead of just a judge. Whoever requests the jury is responsible for paying for the jury, but it may be a better option. Make sure to discuss this matter at length with your lawyer.

After a trial date is set, settlement negotiations may ensue if they have not already. Your lawyer should discuss each settlement offer with you and you can be present at all negotiations if you so choose. Do not feel pressured to settle early if you do not feel the compensation being offered is fair. Instead, wait for the trail date to draw near. In many cases, a settlement agreement will be reached the morning of the trial itself.

In some cases, you may even reach a settlement agreement during the trial process. The defendant and their lawyer will wait to hear the evidence to determine how likely you are to win the case. If the defendant feels they may lose the case, you may be offered a settlement. Throughout the trail process, your lawyers will be working behind the scenes to talk with the defendant's lawyers about settlement.

When you do reach a settlement, either outside of court or by winning the trial, you will have to sign a document releasing the defendant from future guilt. This means that you will not be able to sue the defendant again for the same reason.

If the plaintiff should happen to die during the trial process, unfortunately, the entire case will come to a halt. Family members do have the option to resubmit paperwork as a wrongful death suit. If you are in poor health, you can petition the court for an expedited case process to avoid this from happening.

When choosing an asbestos or mesothelioma lawyer, make sure to hire an experienced attorney that will not only be able to win a case if it goes to trial, but one that will be compassionate toward your situation. It is widely accepted that to have a successful trial, you must have an expert lawyer you can trust to bring justice to those responsible for the thousands of people who are suffering with asbestos-induced diseases.

For more information about trial proceedings, please fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive an informative packet. To read about the next stage of a lawsuit, please see Case Process for an overview of the filing process.

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