Mesothelioma Legal Process

Mesothelioma Legal Process

Mesothelioma legal process for filing a lawsuit, begins when your lawyer files the petition/complaint with the court and a copy of the petition/complaint is served to each defendant listed in the case. Each asbestos company (defendant) then has a specified amount of time (usually within 30-60 days) in which to present an answer to the court where your petition was filed.

Once the defendant’s answers are filed with the court a trial date will be set. The trial date will depend on the court calendar and the backlog of cases. Usually a trial date is set for a few months from the filing date. In many states that involve a living plaintiff suffering with malignant Mesothelioma they are moved to the front of the line of the court calendar.

As your trial date approaches lawyers for both sides will begin negotiations for a settlement that works for sides. Your Mesothelioma lawyer will bring you any settlement offers from the asbestos companies and counsel you on whether or not to take an offer. Many Mesothelioma and asbestos-related cases are settled out of court before the trial begins, but many are not.

Representation Fees for Mesothelioma Lawsuit

Mesothelioma Lawsuits are very expensive to bring to trial. If a Mesothelioma lawyer asks you for money to help with expenses for your case you should run the other way. All Mesothelioma and asbestos-related cases are “contingency-based cases”. This means no out of pocket expenses to you or your family. Mesothelioma lawyers earn their money by winning your case against asbestos companies. They do not get paid unless you get paid.

When a settlement is reached, your lawyer is paid a contingency fee or percentage of the settlement, which is compensation for their time, travel, and other expenses incurred during your Mesothelioma case. Usually it ranges from 33-40% of the total compensation amount after deducting the expenses. Be sure to discuss the matter of fees and payments that the contingency fees covered with your lawyer. This will save you any problems or questions that might occur later.

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