The Common Mesothelioma Claims Process: What Does A Typical Mesothelioma Claims Process Look Like?

The Common Mesothelioma Claims Process:

The common mesothelioma claims process is simple and effective. Contact our office to get started right away.

Our intake specialists and mesothelioma lawyers will help guide you and make you feel comfortable through each step of the typical mesothelioma claims process. A person can be exposed unknowingly to asbestos either during past work-life jobs or through both personal and second-hand experiences. Our team of mesothelioma attorneys has years of experience and asbestos exposure expertise, including an extensive knowledge of the companies that manufactured, distributed, and supplied asbestos products, many of whom knew of the hazards of asbestos as far back as the 1930s yet failed to take precautions to protect or notify workers until the late 1970s and early 1980s.

Today our legal system allows those suffering from Mesothelioma to seek compensation from the manufacturers of asbestos and asbestos-containing products - payment necessary for medical and personal needs. The Meso Advisers legal team's goal is to seek quick and fair compensation for our clients and their families.

Stage 1: Discovery Call

The mesothelioma compensation claims process starts with connecting via phone here. Our intake specialists will offer a brief introductory conversation before collecting information and meeting with an experienced and reputable mesothelioma attorney. During that meeting, the attorney will outline the various steps of the legal process, address any questions or concerns you may have related to the legal process, and seek to discuss how a Mesothelioma client has been exposed to asbestos.

After this introductory discussion, the typical mesothelioma claims process should proceed as follows:

Stage 2: Investigation/Background

After the brief introductory meeting, your attorney will expeditiously collect all diagnosing medical reports. In addition, they will collect work history records, including, but not limited to, union records, service-related records (United States Navy, Coast Guard, Merchant Marine, Army, etc.), or other documents detailing employment history.

Your attorneys should seek to identify any potential family members, co-workers, and other product identification witnesses who may be able to assist in the development of the matter moving forward.

Stage 3: Identifying and Submitting Claims to Asbestos Trusts

Numerous companies have admitted past liability for asbestos exposure and have set up asbestos trusts to compensate qualifying Mesothelioma clients. Your attorney should be familiar with these trusts and their requirements for claims submission. Often compensation through these trusts can happen very quickly if your particular case meets each trust's exposure criteria. Hiring an attorney well versed with these asbestos trusts is critical to the overall success of your case.

Once your case has been evaluated for potential recovery through the asbestos trusts, your mesothelioma lawyer should then begin the investigation of your claim against viable companies that have yet to admit their asbestos liability fully.

Stage4: Complaint Filing

Generally, after an investigation period lasting 30-60 days, your lawyer will determine the proper venue to file the legal action based on a thorough understanding of scheduling, process time frame, settlement history, and local laws. Your lawyer can point to any forum where a Mesothelioma client has resided, worked, served in the military, and in "open forum" states (those states agreeable to allowing non-resident / non-exposure claimants to file).

Once the proper forum is determined, your lawyer should file a formal complaint on behalf of the Mesothelioma client. The Complaint formally commences the legal process of seeking compensation. The Complaint typically asserts various legal causes of action against the asbestos companies likely responsible for causing or contributing to a Mesothelioma client's diagnosis. The number of asbestos companies ("Defendants") named in the Complaint varies based on the specific type and amount of exposure a Mesothelioma client may have had during their lifetime.

Stage 5: Discovery

Upon the filing of the Complaint, the discovery phase commences. Discovery is generally referred to as "proving the case." Typically, the Discovery phase lasts from 3-4 months.
Discovery allows your attorney to present information to the Defendant asbestos companies, which evidence where, when, and how the Mesothelioma client may have been exposed to a particular asbestos product. Your lawyer can present this information in the form of written documents (interrogatories) and oral testimony (deposition) to the Defendant asbestos companies. The Defendant asbestos companies will also be entitled to present information and documents to your attorney during this period.

Your lawyer will also file appropriate court motions during the discovery phase. These motions may include matters such as scheduling or otherwise. Your lawyer will likely try to reach some financial settlement(s) during the Discovery phase.

Stage 6: Settlement/Trial

The vast majority of Mesothelioma lawsuits will not go to trial but will resolve in mesothelioma settlements well before the trial date. Throughout the entire legal process, your lawyer will discuss the strengths and weaknesses of seeking trial resolution vs. settlement with the Mesothelioma client. Your lawyer should value continued client input and respect the client's right to decide what may be in their best legal interests.  Should a matter proceed to trial, your lawyer should be experienced, qualified, and prepared to do so.

Stage 7: Appeal

After a trial decision, a Defendant asbestos company may seek further review of an adverse decision. This review is called an Appeal. Your lawyer should also be experienced, qualified, and prepared to handle Appeals. Please note that settlements are final and cannot be appealed.

Do You Have A Claim?

If your health has been affected by exposure to asbestos, report it here.
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Disclaimer: Attorney Advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Additionally, we provide medical information that does not, nor is it intended to, replace professional medical advice, diagnosis and treatment. Prior results does not guarantee a similar outcome. This website and its contents are provided by The Meso Advisors at Bailey & Glasser, LLP.

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