Wednesday, May 4, 2011

Asbestos Cancer Lawsuit Mesothelioma

Asbestos cancer or mesothelioma when diagnosed in a person makes it hard to accept no matter how much you are prepared for it. It makes matters worse when you realize that it could also have been prevented. But once a diagnosis is made, there are lots of things that have to be taken care of and very less time at your disposal. Consultation with various doctors on how to combat the disease effectively and the various treatments may prove to be a great financial strain. Hence it is advisable to get in touch with an experienced, knowledgeable, and reputed attorney who is familiar with the legal aspects of mesothelioma cases.
Once an asbestos cancer lawsuit is filed with a mesothelioma attorney, there are a number of legal steps that follow. They are;
  • Preparation for the lawsuit: This is the very first step and is basically the preparation for the lawsuit to proceed further. It involves the collection of important papers and documents which determine the direction the case will take. When a lawsuit is found viable by the law firm then an attorney is hired and the client will be asked to sign a variety of paperwork. This is nothing but an agreement between the client and the law firm
.
  • Filing of the legal documents: This is the first and the foremost official step in a lawsuit. This involves the filing of the legal documents in the appropriate jurisdiction there by informing the defendant or defendants about the lawsuit against them. This legal document will contain all your intentions including financial and medical compensation and support from the defendant. The defendant is also given a certain period of time to respond to the lawsuit.
  • Time for discovery:  This is the time between the filing of the lawsuit and the final settlement or trial. This involves a series of steps like the:
vFiling of motions
vTaking depositions
vGathering detailed information necessary for the lawsuit
vGathering medical records and other important documents
During this period, the defendant may ask various questions which will be answered by you with the help of your attorney. It can also be the other way round but whatever be the outcome, your attorney will be with you throughout the proceedings.
  • Trial time or the final settlement:  Most of the cases opt for an out of the courtroom settlement but some cases go all the way to face the trial and finally go in for a settlement with the intervention of the court. During the trial both the parties are allowed to present the evidences and witnesses followed by the rebuttals and the deliberation by the jury. Finally, the trial closes by the reading of the verdict.
In case the jury passes a verdict in favor of the plaintiff, then the defendant can go for an appeal or decide not to. If not, then the plaintiff will start receiving the compensation a few months from the closure of the trial.

No comments:

Post a Comment

Related Posts Plugin for WordPress, Blogger...

Blog Archive