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Home > Law mesothelioma > Mesothelioma lawsuits (cases, litigation)

Mesothelioma lawsuits (cases, litigation)

Mesothelioma is one of the most disastrous, yet preventable, diseases of the last century. Substantial evidence has emerged proving that the dangers of asbestos exposure - the only known cause of malignant mesothelioma - have been known since as early as the 1920ís. The industry has systematically valued profits over human lives by suppressing such information. This kind of deadly deceit is both immoral and illegal.

A diagnosis of Mesothelioma is a tragic and extremely emotional experience, and the last thing on a victimís mind is the nightmare of legal logistics. Unfortunately, this is the time when filing a mesothelioma lawsuit (case, litigation) is so important, for a successful suit is one of the few ways to ensure financial security for the family, and a rare opportunity to help offset huge medical expenses that pile up during treatment and diagnosis. A successful suit can provide a financial safeguard for you and your family. Donít wait Ė contact an experienced Mesothelioma lawyer today. For example, learn all about mesothelioma lawsuits at i-law.org.

Before you can file a lawsuit for mesothelioma, your lawyer will inquire where and when you were exposed to asbestos products. He may show you pictures of asbestos related products or investigate the locations where you worked. Thorough documentation is needed to establish the asbestos exposure, along with as much testimony as possible. Then, he or she will file an individual mesothelioma lawsuit naming the offending companies as defendants.

Some companies have been granted protection under bankruptcy laws and cannot be sued. However, these companies have set aside large sums to pay for injuries from asbestos products. They might not be named in your suit, but settlements from these companies may be recovered as well.

Your lawyer may file your suit in a different state from where you or the company resides because the chances of receiving compensation may be better in another state. This will only heighten your chances of recovery and will not increase the cost to you.

Mesothelioma asbestos lawyers represent mesothelioma lawsuits on a contingency basis meaning lawyer is only paid an agreed percentage after there has been a settlement with an asbestos company. If there is no mesothelioma settlement, nothing is paid for legal services mesothelioma asbestos attorney.

Mesothelioma lawsuits (cases, litigation) are classified into two groups: personal injury, and wrongful death.

In a personal injury mesothelioma lawsuit, the individual diagnosed with mesothelioma is living and bringing the mesothelioma lawsuit on his/her own behalf.

A wrongful death suit occurs when the survivors bring the mesothelioma lawsuit on behalf of a deceased victim of mesothelioma. Persons who may bring a wrongful death mesothelioma lawsuit include the spouse, relative, and/or representative of the estate of the departed individual.

Mesothelioma lawsuits (cases, litigation) usually seek compensation for medical costs, lost wages, pain and suffering, and in the case of a wrongful death mesothelioma lawsuit, funeral expenses, as well as the value of the deceased's life. Most mesothelioma lawsuits do not go to trial, but are settled out of court. If a mesothelioma lawsuit can be settled for a mutually agreeable sum of money, it can save both sides a large amount of money that would otherwise be spent on a mesothelioma lawsuit trial.

A good attorney will know when it is a good idea to settle the mesothelioma lawsuit, and when a trial would be more favorable. Even if the case goes to trial and the mesothelioma lawsuit is decided in favor of the plaintiff, there may be an appeal filed by the defendant(s) and there is always the possibility that the mesothelioma lawsuit will be re-tried and reversed.

An attorney who is a veteran in mesothelioma litigation knows the procedures and court rules necessary to initiate a mesothelioma lawsuit. Typically a mesothelioma lawsuit begins by filing a written complaint in court (this document sets out the facts and legal basis for the legal action). After the complaint is filed, the opposing party must be notified of the filing.

This means a copy of the complaint and the summons (when they have to appear to answer the charges) must be formally delivered to the parties being sued (or their lawyers). Once this legal process is underway, each side will use legal processes (such as oral depositions, requests for records, and interrogatories) to get pertinent information from the other side. For example, the companies that you sue will want to develop information about you before they offer money to settle.

Furthermore, in mesothelioma litigation, typically both parties will seek the assistance of experts [Brandon: link experts to ExpertPages.com] such as medical specialists, material scientists, economists, cellular biologists, and industrial hygienists. At any timeóbefore or during a trialóboth sides will attempt to settle your case. As to whether you accept a settlement offer will depend on whether you are satisfied with the offer and how quickly you want the mesothelioma settlement. If no settlement is reached, the case goes to trial.

The basic anatomy of a mesothelioma lawsuit can vary widely at times. The process does not always go exactly according to this plan, especially because some companies that produced asbestos-containing products have been granted protection by the courts.

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