Sunday, October 3, 2010

Mesothelioma Lawsuit – Step-By-Step Plan

For a mesothelioma lawsuit case to be successful, it must be properly thought through and planned. This requires a combination or resources ranging from finance, doctor’s advice, proper investigation and then the final execution by the lawyer. Usually, mesothelioma lawsuits can be drawn out over extended periods as asbestos related companies will not accept the lawsuit lying down. They usually hire high profile lawyers who apply significant pressure on the plaintiff to validate their claim.

1. Know the symptoms: If you had a history of being exposed to asbestos over an extended period in the past twenty to forty years, it is best to always be on the lookout for the symptoms of mesothelioma. This does not mean to be always fishing for ailments but just be in a raised level of awareness. Unfortunately, the symptoms of mesothelioma are similar to other respiratory ailments and carry symptoms of chest pains, shortness of breath, unexplained loss of weight and bloating. If your doctor is unable to diagnose a cause for these symptoms, then maybe it is time to look out for mesothelioma cancer.

2. Get your Diagnosis: By doing an x-ray, ultra sound or CT scan, your doctor will be able to locate scars in the mesothelium around your lungs, heart or abdomen. This will be a direct indication that you have developed mesothelioma.

3. Do not hesitate: many states put restrictions on the amount of time allowed between your diagnosis of mesothelioma and when you are allowed to file your mesothelioma lawsuit. As a result, do not hesitate; seek out a competent mesothelioma lawyer who will be able to make a credible case on your behalf.

4. Seek a good mesothelioma lawyer: various sources are available, through which you can get information on reputable mesothelioma lawyers. Always choose those with good track records and with a client based who can testify to their professionalism.

5. Work history: Prepare all relevant information pertaining to your employment history or that of your spouse that can prove how you became exposed to asbestos particles. Your lawyer may also employ an investigator to see if the company has had any other mesothelioma lawsuits filed against them. In addition, they will also maintain a close relationship with your doctor so get their expert opinion during the case.

6. Filing the lawsuit: This is the first part of the court proceedings where your mesothelioma lawyer will submit your papers and the document will be served on the defendant. The defendant will then answer by either filing a counter suit or a motion to dismiss the case.

7. Supplying the defendant with information: If the motion to throw out your mesothelioma case is denied, the defendant will then request information from you in order to discredit your claim. This includes information such as medical records, history of smoking and competency of your doctor. This information must be correct as they can be used against you in court.

8. Trial: Here is where the case begins in court. Your legal team must go through jury selection, make opening statements, provide evidence of how you developed mesothelioma, and cross-question witnesses.

9. Verdict: Once the evidence has been presented, the jury will deliberate the evidence and then decide if you are to be awarded damages for your mesothelioma.

10. Appeal: If you are successful in your mesothelioma case, be prepared for an appeal to be filed by the defendant. As mesothelioma awards usually cost them huge amounts of money.


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