What Documents You Need to File a Mesothelioma Lawsuit
What Documents You Need to File a Mesothelioma Lawsuit
Any court action requires a fair amount of paperwork, whether it is a high-profile criminal case or an action in small claims court. Much of this paperwork must be in order even before filing a complaint.
If you have been diagnosed with mesothelioma, you should understand that (A) public record, legal precedent and case law may favor the plaintiff in such cases, and (B) mesothelioma court actions may be long, drawn-out and stressful procedures that may take years to resolve.
You can also count on the defense to do everything it possibly can in order to prevail. Defendants may question of liability even though since 1977, it has been public record that some corporations (as well as the federal government) have known of the hazards of asbestos, yet deliberately suppressed the information so as to externalize costs while internalizing profits (this basically means they made their fortunes on the death and suffering of their workers). With the discovery of the "Sumner Simpson Papers" thirty years ago, the legal profession has had evidence against the asbestos industry.
Malignant mesothelioma cases have a significantly higher success rate than those involving non-malignant asbestos-related diseases such as asbestosis. In a 2002 RAND institute study, 75% of allmesothelioma cases that went to trial ending in a ruling were resolved in favor or the plaintiff. A fair number are settled out-of-court, either before the trial begins, or prior to the trial's conclusion.
Although this is good news for mesothelioma victims, it is important to make sure that prior to starting any legal action, any and all documentation is in order.
It Starts With a Solid Diagnosis
Clear medical records will be part of the court record. The defense will make every attempt to show that your illness was not the fault of their client. They will put your medical and insurance records under the proverbial microscope to see if you had any possible conditions or lifestyle issues that might have led to your asbestos cancer.
Herein lies the reason that mesothelioma victims are sometimes successful in recovering damages. While cancers in general can be caused by any number of things, mesothelioma has only one known cause - asbestos exposure. Therefore, the defense will make every attempt to show that your illness isn't really mesothelioma.
This is why it is vitally important to get a diagnosis from a qualified, experienced physician, often times a pathologist, oncologist, or cancer specialist. The diagnosis may include not only a biopsy but also an x-ray and/or a CAT scan, and a pathologist's report based on a biopsy (tissue sample).
Prior to seeing an oncologist, you may or may not have had a full physical by your primary health-care provider. If you have symptoms or concerns, s/he may refer you to an oncologist. If not, you may want to seek one on your own.
All of the medical records should establish beyond a doubt that you (A) had no knowledge of your condition prior to the diagnosis, and (B) that the diagnosis has been confirmed by medical authorities as being mesothelioma.
On to Legal Matters
Once your diagnosis is in place, it is important to find qualified legal counsel as soon as possible. The reason is that all states have a statute of limitations - a time limit - on filing a mesothelioma lawsuit. This statute varies from state to state.. In addition, mesothelioma is an aggressive disease; although some victims have managed to live with the disease for as long as ten years, most succumb much sooner.
Once you have found a mesothelioma lawyer knowledgeable aboutmesothelioma and asbestos issues and in whom you have confidence, s/he will need information with which to file the formal complaint. A copy of the formal complaint will be delivered to each named defendant by a process server, who is an officer of the court or other means.
The defendant's corporate legal department may file a motion with the court to dismiss the case; they may claim that the complaint was not filled out properly, that the statute of limitations has expired, or that the grounds for action are either not clear or else have no validity. An asbestos lawyer is trained to frame the complaint so as to leave as little room for argument as possible. In order to succeed, s/he will need documentation regarding your job title, names and contact information of any co-workers or colleagues, the specific asbestos product(s) with which you came in contact, how many years you were at the job in question, and signed releases that will allow your attorney to access confidential materials such as medical records and insurance claims as well as employment information.
Once the named defendants receive the complaint, they have time in which to respond, or risk default judgment.
Preparing for Trial
The discovery phase is the period during which both sides "arm for battle," metaphorically speaking. Evidence is gathered, examined, analyzed and organized; subpoenas may be issued to witnesses; experts in medicine, chemistry, and industrial sciences may be hired to offer testimony; sworn statements known as depositions may be taken and filed.
In the interests of justice, any and all evidence and witnesses are available to both the plaintiff and the defendant for examination. In addition, you will most likely be subject to an interrogatory by the opposing counsel. In this procedure, the defense will do everything possible to discredit you; it is likely to be stressful and unpleasant. However, you will not be alone; your own attorney will make certain that you are prepared ahead of time, and will be there with you at the interrogatory.
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