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What to Expect From a Mesothelioma Lawsuit

February 19th, 2013 by

mesothelioma lawsuit

Considering Filing a Mesothelioma Lawsuit? Know the Facts

With a latency period of 25-50 years, the number of mesothelioma cancer cases is expected to peak worldwide by 2020. More than 3,000 new cases are diagnosed every year in the U.S. — most of them among men, who are four times more likely to be diagnosed with mesothelioma than women.

Mesothelioma cancer is caused by exposure to asbestos. It has been estimated that asbestos insulation workers are 300 times more likely to develop mesothelioma cancer than other workers. It is common among construction workers, mechanics, electricians, plumbers and sheet metal workers.

Since 2002, more than 750,000 mesothelioma lawsuits have been filed. If you’ve been diagnosed with mesothelioma and are considering filing a mesothelioma lawsuit, you’re probably wondering what that entails. While every case is different, the process generally includes the following steps:

Consultation. The very first step is to talk to a lawyer. A mesothelioma lawyer can determine whether you have a case – and if you do, whom to file a complaint against. If it is determined that you have a case, your lawyer will file all the necessary paperwork to start a mesothelioma lawsuit.

Response. Defendants typically have a period of 30 days to respond to a complaint. Usually, the defendant will NOT admit guilt and will deny your claims. Your attorney will reply to the defendant’s responses on your behalf.

Discovery. This is when both sides of the mesothelioma lawsuit will start collecting information. Both you and the defendant will be asked questions, will produce evidentiary documents and participate in depositions. Your attorney will help prepare you beforehand so that you are able to answer questions with confidence and clarity. The discovery period can last several months but may be expedited if you are in poor health.

Settlement. Settlements are sometimes reached at the end of the discovery phase. Your attorney will negotiate on your behalf.

Trial. If no settlement is reached after the discovery phase, your attorney will prepare for a trial. Depending on where you live, you may not have to appear in trial. If you win, you should start receiving payments a few months after the trial ends.

Appeal. Defendants have the right to appeal a lawsuit, if they lose. There is a limited amount of time to file an appeal – typically 30-180 days.

If you or someone you know has been exposed to asbestos and has been diagnosed with mesothelioma, you could be entitled to significant financial compensation. Call 1-800-THE-LAW2 anytime to get the legal help you need.

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