What Is the Legal Process for Filing an Asbestos Lawsuit?

An asbestos lawsuit seeking damages for an asbestos-related disease  is a civil action, which has a lower burden of proof than a criminal case.  This means that your asbestos attorney must prove negligence by a preponderance of the evidence—more likely than not— and not by the higher standard of beyond a reasonable doubt.

Presenting medical proofs in the mesothelioma legal process

When taking on a mesothelioma case, a mesothelioma attorney must prove that the victim has mesothelioma and that the mesothelioma was caused by asbestos exposure.  Oncologists, pathologists, or physicians who have experience with asbestos-related disease can provide credible documentation and testimony that the victim has mesothelioma.  CT scans, X-rays, biopsies, and other diagnostic reports identify and medically corroborate a mesothelioma diagnosis.

Proof of asbestos exposure is also necessary to establish the cause of the mesothelioma.  A thorough investigation can help determine the source of asbestos exposure that underlies developing mesothelioma and its subsequent diagnosis.

Identifying liable parties

Using the material discovered in the investigation, a mesothelioma attorney can identify the liable parties.  The attorney then does additional research on each party.

Legal steps

An asbestos lawsuit starts with the filing of a complaint on the behalf of the victim of an asbestos-related disease who is seeking to recover damages.  The party bringing the lawsuit is known as the plaintiff, and the party being sued is known as the defendant. The plaintiff then serves the complaint on the defendant, who then must file a response to the complaint with the court.

Next, the parties exchange evidence in a process called discovery. The parties exchange written questions about the case, and they ask for the production of documents and other evidence. The attorneys may take depositions of the parties or other witnesses in the case.  In cases where mesothelioma or asbestos disease victims are unable to travel, a deposition may be conducted in their home.

Throughout the litigation process, the parties may seek to settle the case out of court in order to avoid the time and expense of a trial. Many personal injury cases are settled out of court. However, if the parties are unable to resolve their differences, the case goes to trial.

At trial, the attorneys select a jury and then give an opening statement. They examine and cross-examine witnesses and present evidence in favor of their client. After the evidence and testimony have been presented, each attorney gives a closing statement arguing why the jury should find for his or her client.

Mesothelioma Lawyers typically represent mesothelioma victims on a contingency fee basis, which means legal fees are owed only if the lawyer successfully recovers through verdict or settlement.