Category Archives: Asbestos
How to File a Mesothelioma Claim for Asbestos Litigation
Because of the passage of legal statutes allowing mesothelioma victims the legal right to sue asbestos companies for damages more than 600,000 such mesothelioma cases for compensation have already been filed. Asbestos attorneys which have experience can help you obtain your claim money through their well-operated law offices when taking on big asbestos companies. The asbestos companies and trusts employ a whole cadre of powerful attorneys and so it is important to have a good lawyer on your side.
Because the required burden for proving a mesothelioma claim lies with the victim, it’s important to understand the rights as well as the processes that are involved with filing an asbestos claim. These claims involve victims who are alive and suffering or incapacitated and even victims who are now deceased.
First, where should I file my asbestos claim? The place where a mesothelioma claim is filed can affect how long it will take to finish your claims process. Your lawyer will generally work very closely with you and help you determine the best court to file your meso case. It’s common for someone to file in a state where they don’t live currently due to a more appropriate or more favorable jurisdiction. This doesn’t necessarily involve being required to travel to this other state, however, as your mesothelioma lawyer will typically handle everything and they’ll do all the necessary traveling and come to you if it’s needed.
What documents, or other information is needed to file a mesothelioma claim? You will need to file a legal document called a complaint, which in the legal world is also known as a legal petition. This begins your asbestos lawsuit. The asbestos attorney which represents you will draw up this complaint and then file this document on behalf of you as the victim. Your lawyer will generally send this complaint both to the companies which you’re suing for damages, as well as to the courts.
The companies which you’re suing are known as the defendant or defendants and they have a specific amount of time with which they’re required to answer your claim. Many situations will involve an offer from the defendant in which they ask you if you would like to settlement your claim immediately. These cases typically involve the defendant denying any responsibility of liability for your injuries and in the case where your complaint doesn’t state your claim clearly or satisfy the legal rules and procedures, the asbestos company defendant will attempt to convince the court to agree to dismiss the claim entirely. When working with an experienced asbestos lawyer, this is not likely to happen.