Filing A Mesothelioma Lawsuit

 

Filing A Mesothelioma Lawsuit

A mesothelioma case only starts when someone formally files a lawsuit. If you or a loved one has been diagnosed with an asbestos-related illness, you should decide as soon as possible whether you want to take legal action.
Putting off the decision to file a lawsuit can mean the difference between getting financial assistance for medical bills and other expenses and not having any additional help with income. One reason for the fast time period is that each state puts limits the amount of time a patient (or a patient's family) can file a claim after a diagnosis is given. This is an issue a qualified mesothelioma lawyer can decide quickly. The attorney can also help with many of the other questions that come up with a lawsuit is being considered.

How do you file a lawsuit?

The first step in a successful filing process is choosing an attorney. If you decide to file a claim, your attorney will prepare and file the necessary documents to start your lawsuit.
Your case will proceed more efficiently and you may have the greatest chance for compensation if you work with an experienced asbestos and mesothelioma attorney. When you talk to the attorney, be prepared to discuss past employment, health history and current health status. For this reason, it is very important to hire a lawyer with whom you feel comfortable communicating.

Where should you file?

The location where you file can affect the length of the case process. Your attorney will help you choose the most favorable court for your case. It may be necessary to file outside the state where you live. You will not need to travel, however, because your mesothelioma attorney will handle the entire case process and travel to you when necessary.

What is required to file?

You must file a complaint, also known as a petition, to start your lawsuit. Your mesothelioma attorney can prepare and file the complaint on your behalf. Your attorney will also send the document to the corporation(s) you are suing, known as the defendant(s).
The defendant has a set amount of time to respond to your claim. In some cases, the defendant will offer you a settlement right away. However, the defendant will most likely deny responsibility for your claim. If your complaint does not clearly state your claim or does not satisfy the court's rules, the defendant may convince the judge to dismiss your case. This is much less likely to happen if you hire an experienced mesothelioma attorney to prepare and file your complaint.

Can any attorney file your case?

There are many competent attorneys, but it is wise to contact one who has experience with asbestos and mesothelioma lawsuits. Filing an asbestos case can vary from a typical filing process. An experienced mesothelioma attorney will have the most knowledge about your options.
For example, if you worked for a large corporation that has since closed or gone bankrupt, funds may have been set aside to help pay medical and related expenses for mesothelioma patients. A mesothelioma attorney is knowledgeable about these funds and can help you file a claim. In addition, a mesothelioma attorney is familiar with asbestos manufacturers and can help you determine who is responsible for your suffering.