Procedures to Follow for a Mesothelioma Claim
You will likely have developed mesothelioma or asbestosis due to long-term asbestos exposure. There is a strong correlation between work-related exposures to asbestos and cancer. Shipbuilders, electricians, people who worked in shipyards, people who worked in power plants, and construction workers are likely to have been exposed to this dangerous substance.
Legal action may be taken against the company that caused your ailment regardless of how you were exposed or how long ago your exposure was. Although asbestos was recognized as harmful in the 1930s, many companies continued to utilize it despite its many known risks.
Steps for a Mesothelioma Claim
An asbestos lawsuit against the firm or companies that exposed you to asbestos may help compensate you for any cancer you have developed due to asbestos exposure. Your asbestos cancer attorney will assist you in filing your claim for compensation by following the procedures outlined in this article:
1. Legal Consultation
First, you and your attorney should meet to discuss your objectives and goals before filing a claim or lawsuit involving asbestos exposure. You and your loved ones may raise important questions about the process, and lawyers can learn more about your situation. Attorneys specializing in asbestos-related diseases, like the mesothelioma lawyers in Baton Rouge, will likely inquire about your health history, including any prior asbestos exposure. Your medical and job records are likely to be examined by the lawyer.
2. Gathering Evidence and Filing Complaint
Asbestos lawyers gather proof of your exposure and disease. This includes knowing about your asbestos employment history. Your lawyer will acquire your medical documents and may meet with your cancer doctor. You may be requested to disclose specifics regarding the asbestos companies to your attorney.
A lawsuit for asbestos exposure starts with a written complaint. The complaint is written by your lawyer and submitted in court. The complaint describes your asbestos exposure and the degree of your cancer. You don’t need to be present when lawyers file cases with the clerk of courts. Every court has various rules for pleading. Your lawyer will know when the deadline is for filing an asbestos claim.
3. Response
Each defendant receives a copy of the asbestos lawsuit once it is filed with the clerk of courts. A lawyer in an asbestos litigation in Baton Rouge, Louisiana have various tools for finding the correct defendants and ensuring they respond to the complaint. Most defendants will first refute the charges, stating the case is invalid, or another company caused cancer.
4. Discovery
Attorneys from both sides gather evidence for the trial during discovery. Asbestos cases might take months. As mesothelioma victims are generally unwell, courts may push counsel to finish discovery quickly. Both sides’ lawyers will call depositions, question-and-answer sessions conducted under oath, as a part of the discovery process.
5. Settlement and Appeal
Before going to court, the defendant frequently proposes a settlement. As a result, most defendants choose to settle rather than risk a lengthy trial. Also, public trials are costly, and many litigants don’t want unfavorable exposure. A settlement may help mesothelioma patients pay for treatments and other expenses. Your lawyer will examine the settlement offer and decide whether or not further talks are warranted. The matter proceeds to trial if a settlement cannot be reached.
There are 30 to 90 days for the defendant to submit an appeal in this case. The appeal will delay your reimbursement, but the defendant must deposit a bond equivalent to the trial award to assure payment if the appeal is denied.