Coping With Mesothelioma: Non-Medical Help

Your Legal Rights

Q. How does a lawsuit happen?

There does not exist a spefic formula of what makes up a lawsuit but there are some stages that are commonly found:
1. Pre-suit preparation
  You do not have to wait until you have a confirmed diagnosis of mesothelioma before contacting an attorney. When, for example, you have been advised that you appear to having scarring on your lungs, or have breathing problems you should start considering your legal options as their art time limits in which you must act.
  
  Early in your discussions with an attorney (possibly your first or second appointment) you will be asked to sign an attorney-client contract.
  
  Your attorney will need to know things like the following:
  - Who your employers were
  - What job-sites you were employed at
  - The dates you worked at sites/for employers
  - What types of work you did
  - What asbestos products you worked with or near
  - Names of work colleagues
  Your attorney will then start to obtain as documentary evidence as possible to support your case. This will involve you signing releases so they can obtain your medical, Social Security and employment histories. Your attorney may also contact work colleagues and others who can corroborate your recollections and possibly have further knowledge about the asbestos exposure you may have had.
2. The filing of the lawsuit
  Following this evidence gathering stage your attorney will file a written formal complaint with the court. The complaint is then "served" on those believed responsible for your condition (the defendants). The papers the defendants receive will advise them about the type of claim you are making and the legal grounds for recovery. The defendants are also advised that if they do not respond within certain timeframe a judgement will be made against them.
  
  The defendant's attorneys will then usually either file an "answer" where resonsibility is denied or file a motion to dismiss your complaint without providing an answer. This latter action to dismiss the motion must prove legal grounds such as there are no valid legal grounds for your complaint or the statute of limitation has passed in which you should have filed the complaint. Sometimes the defendant's attorneys will demand a "more definite statement" - arguing they cannot identify any valid legal grounds for beening sued.
  
  The net result is that your complaint experiences delays that could seriously harm your case if time is becoming an issue due to health reasons. Attorneys are aware that a jury might be less likely to award the highest damages if you have already died.
3. Discovery
  The defendant's attorneys will now try to amass as much information as possible that will either discredit or lessen your claim.
  
  As well obtaining the same evidence that your own attorney has (work, medical records, etc) you should receive interrogatories from the defendants. These are written questions that require answers that you will swear to under oath.
  
  The defendant's attoneys will also take testimony (by way of depositions) from you and any potential witness (such as work colleagues). Your attorney should also be represented at any depositions.
  
  Depositions, like the other evidence collected, will be used wherever possible by the defence to weaken your case. They will use the information to suggest their cleint's product was not what caused your illness or that your own actions (such as smoking) caused your ill health.
4. Trial
  If during the Discovery phase your case has not settled or been dismissed a trial date will eventually be set and proceed thus:
  1. Jury selection
  2. Judges instructions to the jury
  3. Opening statements by your attorney and then the defense attorney
  4. Your attorney presents your evidence (witnesses, documents, etc.)
  5. Defense motions (without jury) seeking to dismiss saying your case is not proven
  6. Defense attorney presents their case (witnesses, documents, etc.)
  7. Possible rebuttal of the defense case by the plaintiff
  8. Judge gives jury their instructions
  9. Your attorney's closing
  10. Defense attorney's closing
  11. Your attorney's rebuttal closing
  12. Jury deliberations and verdict
5. Appeal
  Even when a court case has been decided that decision can be appealed. Even where the decision to appeal is based more on financial decisions than equity the outcome is still the same . . . you cannot access the compensation until the appeal is withdrawn or the corporation loses their appeal. To act as a disincentive to bringing 'frivolous' appeals the defendant are required to "post bond" of the amount the jury decided in the verdict.

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