Enter your information below and we'll overnight a comprehensive information packet FREE of charge.
First Name:

Last Name:

Telephone:

Email:

 Address:

City:

State:

Zip:
Have you or someone you know been diagnosed with mesothelioma?
Yes No

Frequently Asked Legal Questions

Mesothelioma and Your Legal Rights

Mesothelioma Source is dedicated to providing those diagnosed with mesothelioma and their families every possible resource. We understand that coping with mesothelioma is a difficult process, and you may or may not choose to pursue a lawsuit. However, if you are interested in your legal options, this section provides information on the litigation process as well as how to select an attorney.

The Typical Recovery Process

This section covers the key parts of a typical asbestos lawsuit. Please note that every lawsuit is different, and this list covers the major elements that can be reasonably expected.

1. Preparation

Before the actual lawsuit lawsuit is filed, you and the lawyer you have chosen will sign an attorney-client contract. In addition, the attorney will request that you sign medical, employment, and social security releases. This information is necessary for the attorneys you're working with to gather information and evidence to assist them in the lawsuit.

In addition, your attorney will ask you a number of important questions about where you have worked and what you remember about your asbestos exposure. This should include the number of years worked, your acquaintances, and the names of any asbestos products you remember working with.

2. Lawsuit Filing

This stage of the lawsuit occurs after your attorney has gathered as much information as possible on the details of your asbestos exposure. A formal document, or ‘complaint' is filed that informs the defendants, typically the companies responsible for your exposure, of the details of your claim. Typically, the defendant(s) will then reply to your claim with either a denial of responsibility or a motion to dismiss the lawsuit. These motions to dismiss are often a tactic used by the asbestos companies to stall, hoping that you won't live long enough to see the trial.

3. Discovery

This phase of the process occurs after any motions to dismiss are denied and the defendant(s) reply to the claim. The defendant will typically submit a number of written questions in the form of interrogatories, which you will be required to answer under oath. In addition, they will seek to obtain past medical records and find other possible causes, such as smoking. Another common defense is the claim that you have known about your asbestos-related disease longer than originally claimed, which exceeds the statute of limitations.

4. The Trial - Steps

  1. Jury Selection
  2. Preliminary Jury Instructions
  3. Plaintiff Opening Statement
  4. Defense Opening Statement
  5. Plaintiff Evidence & Witnesses
  6. Plaintiff Rests Case
  7. Defense Motions to Dismiss Lawsuit
  8. Defense Evidence & Witnesses
  9. Defense Rests Case
  10. Plaintiff Evidence & Witnesses to Rebutt Defense
  11. Jury Instructions
  12. Plaintiff Closing Statement
  13. Defense Closing Statement
  14. Plaintiff's Rebuttal Closing
  15. Jury Deliberations
  16. Verdict

5. Appeals

Appeals can occur if the jury awards compensation to the plaintiff. However, if the defense appeals the verdict, they must ‘post bond' in the amount of the award that was decided by the jury.

Thank you for visiting this website which is created for the benefit of the general public. This website and its content are produced and sponsored by the law firm of James F. Early, LLC (James F. Early, Esq.). This website is devoted to the needs of people diagnosed with mesothelioma; nonetheless it may be considered attorney advertising. The content contained herein was not prepared by medical professionals and it is not intended, nor should it be considered, as a substitute for medical advice. The information provided on this website is intended as educational material, designed solely to support, and not replace, the relationship that exists between a patient/site visitor and his/her healthcare professional. Additionally, neither visiting this website nor viewing its content is intended, and shall not be considered, to create an attorney-client relationship. An attorney-client relationship can only be created by mutual agreement and consent of the prospective client and the attorney. Neither the transmission nor receipt of this website material will create an attorney-client relationship between sender and receiver. The material contained herein is general in nature and may not apply to your particular factual or legal circumstances. Online readers should not act on this information without seeking professional counsel and advice. Please read our disclaimer for more information.