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Mesothelioma & Asbestos Trials
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Some asbestos trials are considered bench trials, meaning a judge determines the facts and applies the law to the mesothelioma case. Other plaintiffs may find themselves in a more traditional trial setting before a judge and jury. This type of asbestos trial is called a jury trial.
Written by Daniel Wasserberg | Edited By Walter Pacheco | Last Update: June 7, 2024
Understanding Mesothelioma & Asbestos Trials
Most asbestos-related lawsuits never go to trial. Many cases are settled out of court long before a trial begins. And a number of others are settled during the trial process. Regardless, the job of your mesothelioma attorney is to prepare for a trial as soon as you decide to file a claim.
Steps in the Trial Process
- Setting a Trial Date
- Settlement Negotiations
- Jury Selection
- Presentation of Evidence and Testimony
- Resolution
Attorneys will take into consideration how to build your case. As the case is being built, the attorney will form a plan about what kind of trial best suits the medical evidence and work history you are able to provide. If your case does end up in a trial, it will be important for you to know the steps of the trial process.
Setting a Trial Date
A mesothelioma lawsuit could take a couple of years or more depending on your case. Most of that time is spent filing various court documents and collecting evidence before the court schedules a mesothelioma trial.
Parties involved in the lawsuit usually file several motions and memoranda to decide various legal issues before the case reaches the trial stage. If the motions are decided, discovery ends and there is no settlement, the parties work with the court to set a trial date. The number of cases on the court’s calendar ultimately determines the date of the trial.
After the date is set, more court filings and one or more pre-trial meetings with the judge usually follow. Attorneys for both sides go over all of the exhibits, witnesses and legal issues they will present at trial.
Based on all of this preparation, the judge will issue a pre-trial order that outlines how the trial will progress. If there are any emergencies or scheduling conflicts, the attorneys may request a continuance to delay the trial date. Courts have tight schedules, so continuances usually happen only in extreme circumstances like medical emergencies.
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Settlement Negotiations
After a trial date is set, if settlement negotiations have not already started they will likely begin. Your attorney will discuss any potential mesothelioma settlement offers with you. You can typically participate in any of the negotiations, but you are not required to attend.
Do not feel pressured to settle your case early in the process if you do not feel you have received a fair offer. In some cases, a settlement agreement can be presented on the day the trial is set to start, during the trial and even after a verdict is issued.
Jury Selection
If a jury trial will take place, jurors will be chosen to decide the case. The court randomly calls citizens from a list of registered voters to serve as potential jurors.
During a process called voir dire, the judge asks questions to determine whether potential jurors can serve objectively. Questions usually include whether the potential jurors know any of the parties or attorneys or have any personal knowledge about the case.
Attorneys for both sides also have an opportunity to screen out potential jurors who may be biased against their client’s case. When the jury is selected, the jurors are sworn in and the parties begin presenting their cases.
Presentation of Evidence and Testimony
Mesothelioma plaintiffs typically present medical records, expert witness testimonies and occupational histories to establish a link between asbestos exposure and their illness. Defense teams counter with their evidence and experts to challenge the causation and liability.
It is very important to have all of your documentation from your medical records, your biopsy, your pathology reports and everything. They’re going to want to know your work history because that is going to help them fine tune your place of exposure.
Tamron Little, peritoneal mesothelioma survivor and Survivor Advocate at The Mesothelioma Center
Expert witnesses, such as oncologists and pulmonologists, explain the disease’s progression and causation. Industrial hygienists and asbestos experts testify about asbestos use, safety standards and risks of exposure. Personal testimonies from the plaintiff and their family highlight the disease’s impact on the patient and their loved ones.
Resolution
The majority of mesothelioma lawsuits are settled before the verdict stage is reached. While some mesothelioma trials may take up to a few weeks to conclude, some of them reach a resolution within a few days. For example, after a four-day trial in September 2021, a South Carolina jury awarded $32 million to Robert Weist, the surviving spouse of Kathy Weist, who died of mesothelioma following secondary exposure to asbestos.
I asked my Patient Advocate, Missy Miller at The Mesothelioma Center, for law firm recommendations to help me afford treatment expenses. It was the best decision ever. It ended up being about more than just compensation. Let’s make these responsible entities accountable.
Kim Madril, pleural mesothelioma survivor
If you are in poor health, you can petition the court for an expedited case process. If you die during the personal injury legal process, your family members have the option to continue the claim as a wrongful death suit.
With an experienced mesothelioma attorney, you can decide how much you wish to participate in the asbestos trial. A qualified mesothelioma law firm can handle the process and advise you on your options.
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