Legal Specs

Asbestos Exposure and Filing A Case

21 Jan 2008

Being diagnosed with an incurable form of cancer because of a previous occupational exposure to asbestos is a horrific and scary outcome to life. Protecting your loved ones and receiving the best possible treatment by receiving compensation through a mesothelioma lawsuit is the most appropriate step to take. The following article will provide information on frequently asked questions when it comes to a mesothelioma lawsuit.

What does "occupational exposure" mean?

"Occupational exposure" means that you were exposed to the agent that caused your mesothelioma - usually the toxic mineral asbestos in its insulation and fireproofing forms - in the usual course of business. Occupational exposure is when you are exposed to asbestos fibers and dust while on the job.

What does a mesothelioma lawsuit entail?

Litigation is a long and often confusing process. When you contact a lawyer about a potential mesothelioma claim, you will typically present your medical records and diagnosis for his assessment before he can tell you if you have a chance in court. If the lawyer determines that your case is sound and will probably recover some monetary compensation and damages, he will take on your case, usually with a retainer or fee agreement. The lawyer will then file a complaint and summons suing the appropriate parties for the exposure leading up to mesothelioma. Usually mesothelioma cases are settled prior to an actual court, but if the case hasn't been settled, two a team of lawyers will begin building each side of their case. Since mesothelioma is a disease, an Independent Medical Examiner (IME) will probably be involved in your case.

An IME conducts an unbiased medical investigation into your mesothelioma and examines your medical records. The other side will probably request your medical records, as well, in order to determine if you had a pre-existing condition or other medical problems that may relieve them of responsibility for your occupational mesothelioma. Usually a victim will be required to sign and release medical information as part of the case. Your attorney will advise you which documents to sign and which releases to give.

To prepare for mesothelioma litigation, a lawyer will do lots of investigative work by looking at medical records, garnering testimony from experts on mesothelioma as well as accessing employment history.

If your case goes to trial, expect your lawyer to consult with other experts such as trial preparation specialists, who conduct mock trials and coordinate convincing exhibits, multimedia experts who can help present the evidence at trial in the most convincing manner, and witnesses who can bolster your own testimony in your mesothelioma trial. In an effort to avoid the cost and expense of a lengthy jury trial, many states require a mandatory settlement conference (MSC) or arbitration at which both parties sit down for a last-ditch attempt to resolve your complaints.

This could warrant compensation with a monetary sum. If a jury finds in your favor, you may be eligible for damages above and beyond just your medical treatment; pain and suffering, loss of employment, and other damages may apply.

Do Patients Win Mesothelioma Law Suits?

It may seem like a daunting process, but patients do effectively fight and win against employers who have caused them to be exposed to toxic asbestos and its devastating health effects. Often, employers knew of the health dangers of asbestos but did not warn their workers or enable them to work in safe conditions. This negligence, both willful and accidental, means that employers bear some responsibility for the health damages of asbestos exposure incurred during occupational work. Patients can and do win mesothelioma lawsuits, and many multi-million dollar payouts have been recorded for the victims of mesothelioma and their families. If you have mesothelioma, it is vital to contact an experienced and competent mesothelioma lawyer in order to recover your rightful compensation.


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