People filed a formal complaint because they seek the truth and the justice that they deserve. Similarly, they also have the reason why some have chosen to have the settlements than going into full trial.
Whether you continue with the battle or have the issue settled, the decision is yours to make. If you are still undecided, it is best to seek guidance from a person working with the legal profession. Who knows, you will be able to decide whether to stop halfway or finally, go even further.
What will you do if you have found out that you were diagnosed with a serious disease like mesothelioma? Then, you have also found out that it was caused by your long exposure to the harmful material like asbestos in your work.
What will you do? For the past years, for those people who suffered much because of the disease that they have never intended to have, most of them would be filing a formal complaint. Before, you must arm yourself with the proper information on the battle that you will be taking.
What should you expect before filing a mesothelioma lawsuit?
Before you reach the full trial, you would need to go through the key steps. These steps have been an essential part of the lawsuit process which is the deciding point whether to reach into a settlement or go further. Everyone has already expected that you have been to a legal consultation with your lawyer. After the consultation, your lawyer would be collecting relevant data that can be used to make the case more favourable to you.
His research will continue by looking into the other side of options. It may be about the trust fund or other options that you are eligible to receive compensation from the other party – your previous company.
Before you file for a formal complaint, you must choose the favourable venue for you. Then the last phase would be about discovery. This is where the turning point will happen. Both parties will now present their evidence. Both parties will try to have a financial settlement not to prolong the said case. But if the other party disagrees, the next paragraph will explain what will be expected.
During the Lawsuit:
When you have decided to take the case in a full trial, you must also expect the challenges mentally and emotionally. Unexpected complications may arise, but when you have a dedicated legal team by your side, you are sure to know how to deal or avoid these said complications.
Also, your family will also get to know how the lawsuit process goes and will have a better view of what they’ll expect in the coming days. How long does a trial will take? Well, as it is challenging and a complicated case to start with, there is no definite time frame for it.
When talking about the duration of the trial, it is hard to predict how long it will take as there are factors that must be considered.
These factors vary and are the following:
- The determined facts are complicated
- The types of Pre-trial motion being filed
- The availability of both parties
- The number of individual being named in the said complaint
- The venue
- The number of people who are filing the case
With these factors, it would either shorten or lengthen the duration. According to studies, trials about on mesothelioma case will have a duration ranging from 11 to 113 days or up to 38 days for each plaintiff. So, if many had filed a complaint, then it will take longer.
Counterclaims and Motions:
Even if you feel like the trial is being favourable to you, it is not even a good reason for you to be relaxed. The defendant will make counterclaims such as about the diagnosis. They may assert factors such as you have genetic problems, or you have been exposed to asbestos somewhere else.
They would even try to assert that you have unhealthy behaviours like smoking or drinking that caused your illness. It is crucial that your medical diagnosis is accurate because even its accuracy can even be challenged.
The defendant’s team will do these to gain attention and even favoured by the court. Don’t worry; your lawyer is sure to address these assertions for you.
The challenges don’t end there. There are challenges that the defendant may present to you. This may include the venue, technical issues with the petition or even the statute of limitation for the said case. In situations like these, it is given to meet challenges but to know that you are with the legal team; you are assured that you will win your case.