Asbestos-Related Mesothelioma Trials
Patients with mesothelioma can choose to take their diagnosis to trial. Most often, asbestos-related lawsuits result in settlements, meaning they are settled outside of court before the case ever needs to go to trial.
Nevertheless, a mesothelioma attorney will create a case and prepare you for trial as soon as you decide to file your claim.
Attorneys will build a case around your diagnosis of mesothelioma based on a variety of factors. Your medical evidence and work history will be pivotal for your case. Your attorney will inform you of your odds for success and should give you an extensive overview of what trial will look like.
Trial Process
Even though most asbestos-related lawsuits are settled outside of court, you may still find yourself taken to trial to plead your case.
Here is the process to expect:
- Select an Attorney
The first step in the trial process is to select a mesothelioma attorney. Select a qualified mesothelioma law firm to help expedite the process and give you experienced advice.
- Determine the Trial Type
There will be two types of trials to decide between. The bench trial will be held before a judge alone. The second type of trial will be before a judge and a jury. Factors such as your work history and the strength of your case will help you determine which trial type to choose. Your attorney should help you make the correct decision based on your case.
- Set Trial Date
Mesothelioma lawsuits can take several years to complete, depending on the case. Most of those years are spent collecting evidence and filing court documents. Both parties will often file several motions and memoranda before the lawsuit ever reaches trial. You will only reach trial if no settlement is agreed upon.
The date of your trial will most likely be set based on the court’s calendar. Even after the trial date is secured, you will undergo more filings and several pretrial meetings.
- Negotiate Settlement
Settlement negotiations will often start before the trial date is set. If this step has not already happened, then you will start settlement negotiation after setting the trial date. Attorneys will often discuss the potential settlements with you. Do not feel pressured to settle the case early if you feel that you are not given a fair offer.
- Select Jury
In the case that you selected a judge and jury trial, jury members must be selected. This happens when the court calls citizens to serve. From there, the judge will determine which jurors can act objectively. Your attorney and the opposing attorney can both screen out potential jurors. Once the jurors are selected, they will be sworn in and presented the case. If you selected the first trial type (bench hearing), you would not need to select a jury.
- Present Evidence
Finally, you will present evidence and testimonies, which can take several months to finish. In the case that you are in poor health, you can petition for an expedited case process. Your family can continue the claim as a wrongful death suit if you die during the process.