Although every case is different, here is a basic timeline for a mesothelioma lawsuit claim:
- Preparation: My law firm will gather information about your condition and your prior exposure to asbestos. We will use these facts to help determine who is responsible for your illness and which court to file your claim in.
- Filing: We will prepare and file a formal, written complaint with the court on your behalf. This document must follow specific rules as to how it is written and what it contains.
- Responses: The defendant in the lawsuit will receive copies of the formal complaint and have a chance to respond. In most cases, the defendant will attempt to deny responsibility.
- Discovery: During this time, both my law firm and the defendant’s lawyers will gather information and evidence. You may be asked to answer questions in a videotaped deposition.
- Settlement: Before trial, the opposing side may offer you money to settle the case outside of court. My law firm can help you determine if accepting a settlement is in your best interests.
- Trial: Depending on where your claim is filed, you may not have to appear in court at all. If my law firm wins your case at trial, you will be entitled to financial compensation.
- Appeal: After the trial, the defendant has a limited amount of time to file an appeal. You can count on my law firm to be your advocate until the end, including through any possible appeal.
THE STATUTE OF LIMITATIONS IN MESOTHELIOMA CASES
If you are diagnosed with mesothelioma and you believe it may be related to workplace asbestos exposure, it is important to consult a qualified lawyer as soon as possible. Due to the statute of limitations, you have only two years (West Virginia & Pennsylvania) to file a claim from the time you knew or should have known your mesothelioma was diagnosed.
If you lost a loved one to mesothelioma who died within two years of being diagnosed with the disease, you have only two years from the date of death to file a survival action or wrongful death action.