Add To FavoritesMesothelioma Class Action Lawsuits
There have been two national class action lawsuits involving asbestos which have been settled in trial courts. Following objections to these, the Supreme Court reversed the decisions on the settlement. There are currently no other national asbestos class action settlements paying money to asbestos victims.
Compensation from Bankrupt Companies
Certain asbestos companies have been declared bankrupt, some of these considered suspicious, possibly to avoid payment of compensation to mesothelioma victims. Some of these companies were suspected of improper transfer of assets prior to declaration of bankruptcy. As a result a number of the bankruptcy cases have taken many years to resolve while ongoing lawsuits attempted to force a return of assets taken from the companies.
Despite this, compensation can still be obtained for deserving victims in most cases. A number of these bankruptcies have resulted in asbestos compensation trusts being created to pay genuine claims. Also, there are still a number of asbestos-related companies that are settling payments for compensation as they are resolved in the lawsuits.
Filing a Mesothelioma Lawsuit
While responsibility for asbestos-induced mesothelioma is usually obvious when workers have proof of exposure to asbestos materials, it is still usually necessary to pursue a legal claim in order to obtain compensation. For this reason the victim will require a lawyer to represent him in the case. A good lawyer will take much of the strain in preparing the lawsuit.
The Mechanism of an Asbestos Mesothelioma Lawsuit
Each asbestos mesothelioma lawsuit is different and depends on individual circumstance and extent of illness. However, the following is a guideline for preparation of an asbestos lawsuit:
Pre-suit preparation
Your chosen lawyer will require you to sign an attorney-client contract which instructs the law firm to represent your case. The lawyer will then want to know where you worked, when you worked there, how long for, your responsibilities, who your co-workers were and details of any asbestos products you may have been exposed to in the course of your work duties.
You will be required to make available employment, Social Security and medical information documents. These will be used by your lawyer to build a case. Your work colleagues may also be contacted to provide further evidence of exposure to asbestos in the course of your work duties.
Filing an Asbestos Mesothelioma Lawsuit
Once a full dossier of information has been prepared a lawsuit is filed. This document is submitted to a court and subsequently served on the defendants. The defendants are informed about the nature of your claim and the intent to make claim for compensation.
The defendants may then file an answer denying responsibility, or ask the judge to dismiss the lawsuit and not require them to answer. There are numerous legal possibilities that the defendant may use - your lawyer will advise you on the possibilities.
Discovery
After any motions to dismiss the claim have been denied, you may expect written questions that will require a response under oath. The defendants will likely attempt to obtain information that undermines the case for compensation, for example that there are other causes for the illness or that the asbestos was from another source.
Trial
If the case is not settled and is not dismissed, a trial date will be set. The process to obtain compensation for asbestos mesothelioma cancer can be long and complex. Your lawyer is best placed to advise on this process.
Appeal
If the claim for compensation is successful and compensation is awarded, it is usual for an appeal of the verdict. In this case the defendant must post a bond in the amount of the awarded compensation awarded by the jury.
Lawyer Fees for Asbestos Mesothelioma Litigation
Preparation and time until hearing of an asbestos mesothelioma lawsuit will take a minimum of several months, and possibly a number of years before reaching court. Expert witnesses will be brought forward to educate the jury on medical and scientific issues for each case. The cost of this process will be considerable... several thousand dollars. Fortunately, the representing lawyer will cover these initial costs. Also, some expenses can be recovered where early settlements are made.
Attorney fees are usually paid as a percentage of what is awarded to the victim. This means that if the lawsuit is not successful there is no fee payable by the victim.