Have You Been Diagnosed With Mesothelioma?
Have you been diagnosed with mesothelioma? If so, you should speak to one of our mesothelioma lawyers as soon as possible. In general, most people who have an asbestos-related illness will be able to file a claim and settle out of court. However, for a small minority, they will be unable to reach a settlement. In this case, a mesothelioma lawyer may choose to file a lawsuit.
Asbestos litigation is a very complex process that often involves numerous laws, bankruptcy trusts, multi-state companies, and other intricacies. Furthermore, there are time limits to filing a mesothelioma lawsuit, so taking action as quickly as possible is essential to your situation. The mesothelioma lawyers at Brown | Kiely, LLP have recovered millions in damages for mesothelioma victims through settlements and lawsuits. Call us today to learn more about the litigation process and to find out what your legal rights may be.
The Most Common Types of Mesothelioma Lawsuits
There are two primary types of mesothelioma lawsuits: a personal injury case or a wrongful death case.
Both aim to recover financial compensation for injuries and loss and can be filed by anyone who was exposed to asbestos while working in an occupation that produced or manufactured materials that contained the hazardous material. If the individual passed away from mesothelioma, their loved ones may file a wrongful death claim.
Both types of lawsuits have strict statute of limitations. Failing to file a lawsuit within this deadline will likely result in a dismissal of the case. Even if you’re unsure about whether or not you have a valid mesothelioma lawsuit, you should consult with one of our mesothelioma lawyers as soon as possible.
The Mesothelioma Litigation Process
No two asbestos litigation cases are the same, but there may be similarities. One of these similarities will be the actual litigation process. A mesothelioma lawyer should be able to guide you through this process so that you know what to expect and when.
In general, the litigation process will begin with discussions between you and any other relevant people, such as family members. Mesothelioma lawyers may also conduct an investigation to determine when their clients were exposed to the asbestos and where. This will help them to determine who is at fault. Once this is complete, the following steps may ensue:
- Filing a Complaint – Your mesothelioma lawyer may take the information gathered from the investigation and prepare and file a formal complaint which contains the details of your case.
- Defendant Responses – The defending party will be required to respond to the complaint.
- Discovery Period – During this time, the defendant will have time to build their defense using information and evidence gathered.
- Settlement – If a judge allows the case to move forward to a trial, the defendant might make a settlement offer. In general, this amount will be less than what you would receive from a trial. On the other hand, you could risk losing at trial which means you would receive nothing.
- Trial – If you turn down a settlement, or one is not offered, your case may proceed to a trial by jury. Whether or not you will be asked to appear in court will depend on the judge.
The length of this process will greatly vary. If you’re in the advanced stages of mesothelioma, or your health is failing, a good mesothelioma lawyer may be able to expedite the process. Otherwise, this period could last for several months or more.
Contingency Fee for Mesothelioma Lawyers
Nearly every mesothelioma lawyer will work on a contingency fee basis. This means you won’t pay anything upfront. Only if you win a settlement will you then pay the lawyer an agreed to percentage of your compensation.
If you have been diagnosed with mesothelioma, asbestosis, or another asbestos-related illness, you deserve to be compensated. Brown | Kiely, LLP has helped dozens of mesothelioma victims take timely action in asbestos exposure lawsuits. Call now to speak with a mesothelioma lawyers Maryland families recommend.
