During the investigation phase, your attorney will request all relevant medical records on your behalf, in order to establish your mesothelioma diagnosis. They will also collect work history records and any pertinent documents detailing your employment history. In addition, your attorney will identify potential family members, co-workers, or other witnesses who may be able to assist in substantiating your claim.
Your attorney will also seek to identify the company or companies liable for your exposure to asbestos.
We work hard to ensure that pursing a legal claim causes as little concern and stress to our clients and his or her family as possible. We believe that your health and medical treatment should come first.
While you will be asked to provide some information and answer questions, most of the work (the collection medical records, identification of sources of asbestos exposure, interviewing of witnesses, etc.) is conducted by attorneys and their legal staff. Mesothelioma clients are typically not required to travel or to appear in court.
The first step will be an introductory meeting or telephone call with one of our attorneys. During that meeting, the attorney will explain the various steps of the legal process and answer any questions you may have related to the process of filing a mesothelioma legal claim. In addition, you may be asked some preliminary questions regarding your asbestos exposure and mesothelioma diagnosis.
After that, the attorney will begin the process of obtaining your medical records. Once all the necessary documentation is obtained, the claim is filed. The defendant asbestos company will then be given the opportunity to ask you a series of written questions (called interrogatories) and oral questions ( known as a deposition). Your attorney will explain both processes to you in further detail.
Some mesothelioma cases are mass tort cases, but many are not. Various factors determine whether or not your case is eligible to be filed as a mass tort. Your attorney can help you determine how best to file your claim.
A mass tort arises when a large group of individuals are claiming the same or similar damages from a common defendant. A mass tort is established in order to expediate the legal process. Mass torts are often handled through multidistrict litigation. When this occurs, a special court is established within a specific district of the U.S. federal court system. The same justice or justices preside over the cases, allowing for uniform rulings on certain issues.