How do you sue for asbestos?

By April 21, 2019 Law Firm

Exposure to asbestos has been proven to be deadly. There are thousands of people who have succumbed to disease caused by exposure to asbestos via their homes or their work. Exposure over a period of time can cause illness, specifically mesothelioma. Mesothelioma is a type of aggressive cancer that can have a catastrophic impact on the victim and his or her family. Victims of Mesothelioma are suing their employers, the manufacturers, the distributors, and others, in an effort to obtain just and fair compensation before they die. Compensation in these cases are really about the quality of life and making sure family members have the finances they need to cover bills and cope with the future — a future that may be without the loved one.

If you believe you or a loved one is the victim of an illness caused by asbestos exposure, here’s how you begin the process to sue for your fair share.

Steps in an Asbestos Lawsuit in California

Really, there’s only one primary step in an asbestos lawsuit, and that’s retaining an experienced asbestos personal injury or wrongful death attorney in California. The attorney will handle everything for you, from the initial review to outlining your options to investigating the case to hiring the right expert witnesses, among other things.

An asbestos attorney who is both experienced and compassionate understands the importance of being thorough, informative, and assertive so that you and your family feel confident enough to focus on yourselves and not the lawsuit.

But generally speaking, the following steps are part of how you sue in an asbestos case. Some of these steps flow into other steps.

  1. Determine your cause of action and who to sue — this is key in any asbestos case: identifying what your cause of action is and then determining who to sue based on that cause of action.
  2. Determine the jurisdiction where to file the complaint — some courts may be more suitable for your lawsuit than others, and this includes judges more favorable to your cause.
  3. Investigate and collect information, documentation, and evidence — it is important to collect as much evidence as possible, including dates of employment, evidence of asbestos, lay and expert testimony, etc.
  4. File a comprehensive complaint in accordance with the proper procedures and law.
  5. Attend hearings — from the initial hearing to any hearings held to hear motions or other pre-trial hearings, it is important to attend and be informed.
  6. Perform discovery — the defendants and you will share information, evidence, etc and answer key questions about the case.
  7. Wait for the trial date to be set — in asbestos and mesothelioma cases, it can take months and even years before a trial date is set.
  8. Negotiate a settlement — this process can take place any time during the case, either before trial or during the trial.
  9. Select a jury — if the case goes to trial, then your attorney will participate in jury selection, which is key in the outcome of any case.
  10. Go to trial and present evidence.

Filing a lawsuit for your asbestos case is important to receiving just and fair compensation. Lawsuits can veer off into different directions unexpectedly, so the above steps are merely representative of what is typical, not of what will happen in your case. So, again that is why it is so important to find the right attorney for your case.

At Ledger Law Firm, we have the experience and commitment. We will review your case, provide you with available options, advise which we believe is best for you, and then guide you through the entire process. You never have to worry about how to file an asbestos lawsuit or what step to take next — we will do it for you, and keep you informed as we do it. Contact us today to learn more.