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, are not required to attend the trail.

First, the judge (and possible a jury) will hear opening statements. Your lawyer will start by outlining your case. In response, the defendant's lawyers will outline how they hope to disprove your case. Opening statements are not evidence, but a brief outline of what each position hopes to prove during trial.

After opening statements, both parties will submit evidence for the judge and possible jury to review. This will include factual findings and testimony. Evidence such as old receipts, air quality tests, and medical records may come into play. Personal friends, family members, coworkers, doctors, and related experts may also be called to testify.

What can you expect if you elect to attend the trial and testify? Upon being sworn in, your lawyer and the defendant's lawyer will proceed to question you about the case. Before this portion of the case, your lawyer will have reviewed with you not only the questions he or she will ask, but also the questions the defendant's lawyer is likely to ask of you. It is very important to assert your side of the case while answering all questions honestly. Witnesses will go through the same testimony process as well. Physical evidence, such as medical records or work history, will be submitted as evidence to the court.

Presentation of the evidence is followed by closing arguments. This element of trial is extremely important, especially in the case of a jury trial. The plaintiff will give closing arguments first. This speech will sum up the facts, discredit the defendant, and ask the jury to empathize and rule in your favor. The defense will then present a closing argument as well, in which they will attempt to refute your claims.

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. In high profile cases, the jury may be sequestered and sent to a hotel instead of home. However, in most civil cases, the jury is not sequestered. 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.

The trial process doesn't always end there. The defendant can appeal the verdict if it is not awarded in their favor. Length of appeals varies greatly according to the case itself, lasting a month or more in some instances. If the defendant wins the appeal, you may also be able to also challenge this decision if factual errors are found or procedures were not carried out correctly. This depends on the court and on the details of the appeal case.

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 money to release the defendant from blame. Throughout the trial, your lawyer and the defendant's lawyer will negotiate possible settlements. The stronger your case, the more likely you are to reach a favorable settlement.

The most important factor is to be fully prepared for trial. Trials can be emotionally draining, especially if you are already suffering from an asbestos-related disease or are morning a loved one that has recently passed away due to asbestos exposure. Make sure to thoroughly review the trial process with your attorney in great detail.

Additional Resources

Resources available at Asbestos.com can only offer basic assistance in understanding the generalities of the mesothelioma litigation process.  If you seek legal information, it is always a good idea to  speak with a qualified lawyer of your choosing to ensure that you get accurate information regarding any potential claim that you might have.