Litigation Process
Because you were exposed to asbestos and are now suffering with mesothelioma, a serious form of cancer, you are entitled to compensation. The legal process is quite simple as many people wouldn't ordinarily imagine before coming into it. The general steps in the litigation process are outlined below:
- The first step is for you to be diagnosed by your doctor, particularly an oncologist or pathologist. You should have had a biopsy and possibly x-rays and a CAT scan showing that you have mesothelioma.
- Soon after diagnosis, it is important to file your civil complaint because all states have a statute of limitations, which means you have a time limit and may lose your right to sue if you wait too long.
- Contact an attorney who won't charge you a consultation fee to help you with this. Most attorneys will represent you without payment until you collect compensation.
- After speaking with an attorney, the next step is for you to gather
evidence, which may include:
- Business and medical records
- Photographs
- Any other relevant documents
- A trial date will be set and at some point afterward, the defendants may attempt to settle your case and you will begin receiving compensation. You may receive compensation within three or four months. If you accept a settlement offer, it will save you the trouble of going to court, paying legal fees and having added expenses.
- If at some point, both parties cannot come to a settlement agreement, the case will go to trial, whereas settlement can still be offered at any point. However, most of the time, both sides reach a settlement agreement favorable for the plaintiff.
