Steps In A Typical Asbestos Lawsuit

Posted On April 15, 2016 / By Manning Law / Uncategorized

Earlier this week, we took a closer look at asbestos. We wanted to spend a few minutes today looking at the seven stages that occur during a typical asbestos lawsuit. While each case is unique, most cases follow a similar pattern. This pattern is also similar to many other sorts of cases, like auto accident cases.

Preperation

You’ll probably start by conducting a detailed search for the best Denver area attorney you can find. You can use all sorts of resources like our guide to Denver Attorney Reviews to speed up your search. While you search, keep in mind the qualities of a good lawyer, and lay out a simple plan like the one in our guide to finding an auto accident lawyer.  Gather your documents and bring them with you to each of your scheduled free consultations.

Make sure you bring with our guide to getting the most from your free consultations!

The attorney you pick will collect your documents and get to work assembling all of the details of your case. Your attorney will evaluate your symptoms and any treatment you have received. Your attorney will review the details of your exposure to asbestos and will attempt to determine who is responsible for that exposure.

Because of the way that the law works, your attorney may discover that your are eligible to try your case in multiple courts. In reviewing the details of your case, your attorney will advise you as to which jurisdiction he or she feels you should present your case in. We can’t get into the details of how this works in this blog, but it’s a good question to ask any attorneys that you meet with during your free consultation.

Filing Your Case

Once your attorney has worked to put together your case, he or she will be able to move forward. Most often, this means filing a written complaint.

The courts have had heard a good number asbestos cases. This means that there are many rules that lawyers experienced with asbestos cases should know. If you select an experienced attorney, they should be able to format your complaint in a way that is less likely to be challenged. While this doesn’t mean that your complaint won’t be challenged, it can increase the likelihood you receive a just outcome dramatically.

Responses

After your attorney has filed your complaint, the parties who are named in it will have a chance to respond.

Due to the great deal of time that often passes before a person is diagnosed with an illness that is caused by asbestos poisoning, it can take a great deal of time to track down the person responsible for your injury. Your attorney should manage this search, but you should know that it could take some time. The court places a limit on how long a party has to respond after they are notified (and how long you have to notify them of your complaint.)

While the person you are complaining about may not admit default right away, your attorney should be prepared to address any of their objections.

Discovery

You’ve probably heard about depositions before, and there’s a good chance you’ll need to give one in your case. Why? The next phase of your case, will be the discovery process.

Discovery is a fancy way of saying ‘fact hunt.’

Both sides will prepare a list of documents, questions and testimony they think are important to their case. Each side will share information and collect the materials that may later be presented as evidence at trial.

This process often takes some time, but don’t worry! Your attorney should work with you each step of the way to make sure you are prepared. Your attorney will review with you questions that you are likely to be asked, and will even help you practice answering questions in front of a room of people. Your attorney will be able to handle most of the requests for documentation, too.

Settlement? 

Not all cases go to trial. If, during the discovery process, the truth of your claim becomes irrefutable, there’s a good chance the other person will want to settle. In addition, many businesses settle cases routinely as they prefer to pay the cost of a case to the cost of going to trial.

Your attorney will present any settlement offers you receive to you. You’ll always be able to decide what you want to do next.

Trial

Each case is different, and we can’t really tell you what yours will be like. If you’ve gotten to this point, your attorney will be able to help you from here!

Appeals?

After the outcome of your case is determined, both sides have a right to appeal. This will depend entirely on the circumstances of your case.

No matter what happens, your asbestos lawyer will be able to guide you through your case even if it isn’t a typical asbestos lawsuit. By working with a qualified professional, you’ll be able to focus on what matters–your health and the future of your family.