Mesothelioma Legal Process

If your case goes to trial, what can you expect? While every trial is different, there is a certain order to all civil trials, so you can learn what to expect by talking with your lawyer. Remember, most individuals filing asbestos-related claims are too ill to travel or make it to court, and as such, may not be required to attend the trial.

If a case goes to court a judge will hear opening statements at the beginning of the trial. Opening statements are not evidence, but a brief outline of what each position hopes to prove during trial. Later both parties will submit evidence for the judge to review. This will include factual findings and testimony. Evidence such as old receipts, air quality tests and medical records may come into play. Physical evidence, such as medical records or work history, will be submitted as evidence to the court. Personal friends, family members, coworkers, doctors and related professionals may also be called to testify.

Generally presentation of the evidence is followed by closing arguments. If the trial involves a jury, all 12 members of the jury will retire to a conference room to deliberate after closing statements. Deliberation by the jury can take just an hour or two, or it can take several days. When the jury reaches a verdict, all are called back to court and the foreman of the jury (elected by the other jurors) announces the decision.

Appeals can be filed and depending on the court and on the details of the appeal case, an appeal may be accepted or rejected. Keep in mind that at any point during the trial, you and the defendant can decide to reach a settlement agreement instead of continuing on with the trial. A settlement is a signed contract that ensures a set amount of compensation to release the defendant from blame. Throughout the trial, your lawyer and the defendant's lawyer may negotiate possible settlements.

It is important to remember that the question of whether to go to trial or accept settlement offers from defendants is up to the client. Additionally, it should be noted that 90% of the time mesothelioma cases can be settled without the need for trial.

Additional Resources

The resources available at Asbestos.com on mesothelioma legal matters offer basic assistance in understanding the generalities of the mesothelioma litigation process. Additional resources are available by filling out the information request form on this page. You can also speak with a Patient Advocate by calling 1-800-ASBESTOS.