You and Your Case
Successful litigation of a mesothelioma case depends on many factors. While it is impossible to predict what the results in any specific case may be, mesothelioma cases commonly have settlement or verdict values that vary from the hundreds of thousands to several million dollars range. The litigation phase of cases typically takes anywhere from one to three years, depending on the jurisdiction in which the case is handled.
With that in mind, the Mesothelioma attorneys of Richardson, Patrick Westbrook & Brickman, LLC think you need some basic information on how your case may be handled, and how the process will unfold. It involves—
Investigation
The first step is for our lawyers and investigators to document your work history, medical information, and where and for how long you may have been exposed to asbestos. With thousands of products having contained asbestos, getting this right is critical to evaluating if you have a case and how to proceed. We will work with you to develop in-depth work history and thoroughly investigate any products you may have worked with or around which contained asbestos. Our attorneys are knowledgeable about potential asbestos-containing products and exposures common in wide variety of occupational and industrial settings. We also have resources that may allow us to locate others who worked with you or around you who may also have information helpful to your case.
Filing a lawsuit
A complaint is the document filed in court that initiates a lawsuit. The complaint states the facts of your case, the legal theories that entitle you to recovery and the legal remedy you seek. Once we determine you have a case and identify those companies responsible for your exposure to asbestos, we file a complaint against those companies to commence your lawsuit.
Discovery and depositions
In preparation for trial, further information must be gathered from the parties through a variety of means to develop more information and gather evidence. This part of the case is called the discovery phase. In this phase of the case, evidence is typically gathered using written questions (interrogatories), document requests and depositions.
- Interrogatories—the parties pose written questions to each other designed to elicit facts about the opposing party’s case.
- Document requests—the parties may ask each other to produce various documents that relate to the claims or defenses in the case. Asbestos companies will be asked to produce documents about asbestos use in their products and detailing what they knew about the dangers of asbestos, when they knew it and what, if anything, they did about it.
- Discovery deposition—a deposition is an oral question and answer session in which lawyers have a chance to ask the parties or witnesses questions about the claims or defenses in the case. A discovery deposition is taken to find out facts relating to the case. In a typical mesothelioma case, both your attorneys and the attorneys for the asbestos companies will take the depositions of parties, expert witnesses and fact witnesses. You will likely have to give a deposition in your case. Our attorneys have years of experience in preparing mesothelioma clients for depositions and guiding them through this phase of the case and will be with you every step of the way during this process.
- Evidence deposition—given under oath before a court reporter and usually videotaped as if you are on the witness stand at trial. It is permitted as evidence at trial should your illness prevent you from appearing in person.
Expert witnesses
Since these are complicated issues, all parties typically rely on testimony from medical and scientific experts to enable juries to understand the issues, especially how asbestos causes mesothelioma. You should expect both sides to develop and present expert witnesses in the form of medical professionals, industrial hygienists and industrial historians to present evidence regarding the hazards of asbestos, what was known historically about the hazards of asbestos and the role of your asbestos exposure in causing your mesothelioma.
Trial or settlement
Asbestos litigation is a form of personal injury law. As with all such cases, the determination of damages is a key component. It is why expert testimony is needed and it is an area of much contention. Damages typically calculated include—
- Medical expenses
- The value of loss of life (including lost wages and benefits)
- Loss of consortium when applicable
- Pain and suffering
- Punitive damages if defendants’ actions are found to be egregious.
Bankruptcy claims
Over the years, a number of companies who made asbestos products have declared bankruptcy. Federal law protects these companies from lawsuits, however, many of these bankrupt companies have processes in place which provide compensation for asbestos victims with viable claims against them. As part of our work on your case we will evaluate what recovery we can make for you from these bankrupt companies as well.
It is important to be aware that no case is a “sure thing.” We like to believe that our skills combined with your help are the best way to increase the odds that justice can and will be served in your case.
Contact us for experienced representation
From headquarters in Charleston, South Carolina, Richardson, Patrick, Westbrook & Brickman, LLC represents Mesothelioma clients nationally. Contact one of our attorneys today toll-free at 1-888-884-5195 or online for a free consultation. We can provide you with the information and the representation you need.
