What Documents And Other Items You Need To File A Mesothelioma Lawsuit

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If you have been stricken with the rare and aggressive asbestos cancer mesothelioma, you may be wondering about how to go about filing a lawsuit against your former employer, the manufacturer of the asbestos-containing products, or whomever else you deem responsible for causing your exposure to asbestos. Asbestos is a toxic, albeit useful, material that has been used throughout the twentieth century in various building and insulating capacities. When the material is disturbed, however, it can disintegrate into millions of microscopic fibers, which are then respirable. Mesothelioma, a cancer of the membranes between the chest wall and the lungs, can result from respirating these fibers, which become embedded in the body and cannot be breathed out.

Seventy-five percent of mesothelioma patients are 65 years of age or older. One of the tragic hallmarks of this cancer is the fact that by the time symptoms surface, the cancer has likely already developed and reached its final, untreatable stages. Mesothelioma is incurable, and even with the advanced treatments available to patients, most patients do not live beyond two years following diagnosis. Mesothelioma is diagnosed in 2,000 to 3,000 individuals annually in the United States.

Although nothing can change the fact that you, or your loved one, have developed this devastating cancer, you can receive piece of mind and financial compensation by filing a lawsuit, since many cases of mesothelioma have occurred as a result of employer negligence and carelessness. If you believe your have sufficient evidence to file a claim, contact an attorney who specializes in asbestos and mesothelioma cases to help you through the litigation processes.

Items Needed to File Your Claim:

Petition or formal complaint- Once you have hired an attorney, he or she can help you submit a petition. This document should outline the details of your claim, including the name of the defendant or defendants, establishment records, medical bills, proof of employment, and evidence to back up all statements. Once completed, this paperwork is submitted to the court for processing. Soon after the complaint has been filed, a summons is issued to the defendant. The summons informs the defendant that the lawsuits has been filed, and he or she must respond to the document within a specific time frame. At this point, the defendant may choose to oppose the complaint, at which point, further action is necessary. However, he or she may not contest the claim, and you attorney can work with you and the defense to reach an out-of-court settlement.

Interrogatories and depositions- If the defendant has chosen to dismiss the complaint, your attorney will be obliged to spend some time gathering evidence. Interrogatories are lists of questions each party must serve. They must be answered in a timely manner, which is always indicated on the documents. They must also be written under oath. Depositions are oral testimonials that are transcribed in written form. They can be used by either party for evidence of specific claims. These oral testimonials are also taken under oath.

If you wish to settle out of court, mediation may be a likely route. In such cases, both you and the defendant can meet to discuss settlement. A judge or another official can help you reach this settlement.

Filing a mesothelioma lawsuit is a lengthy process, and you should rely only on qualified attorneys with the experience to handle claims. Gathering evidence is not your only responsibility. You must also take the time to research lawyers in your area who can assist you with your case. Compensation depends on the amount of damages suffered and whether or not you are able to gather other statements. An attorney may persuade you to file a class action lawsuit if there are coworkers who have suffered from the same negligence and are willing to testify. You may feel added pressure, as most states enforce statute of limitations laws for filing personal injury claims. However, once compensation is reached, you can ensure that your family members are financially stable. You should never have to go through the legalities alone, especially when coping with the symptoms of this disease.


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