Litigation Process

What Should You Expect With A Mesothelioma Lawsuit?

Every mesothelioma case is unique. Some cases settle relatively quickly; others will take time to work their way through trials and appeals. But here’s a brief overview of what to expect during mesothelioma litigation.

Step 1: Case Evaluation

When you contact our firm, you will speak to an experienced mesothelioma lawyer who will talk to you about your illness, your work history, your family, and the places you’ve lived. We will collect medical and Social Security records from the course of your entire lifetime.
The time we spend with you, your family members, and any available coworkers you can recall will help us create a record of the events that caused your mesothelioma and the impact it has had on your family. After gathering this information, we will be in a position to decide whether we may be able to help you by filing a lawsuit on your behalf.

Step 2: Case Filing

A case begins with the filing of a complaint. In your complaint, our firm will choose the proper court to file your claim and the proper companies to sue. The complaint will briefly set out the facts of your case, explain the nature of the defendants’ wrongful conduct, and describe how you and your family have been harmed.

Step 3: Discovery

During discovery, your Bergman Draper Oslund Udo lawyer and the lawyers who represent the defendants will trade information. The two sides work to “discover” all the facts that will be relevant should the case to go to trial. Discovery is helpful for lawyers in two ways. Obviously, it helps them to prepare for a trial. But the information gathered during discovery may be more useful in helping the defendants’ lawyers to determine whether a case should be settled, and if so, for how much.

Step 4: Settlement And Trial

After a case is filed and the discovery phase is underway, the judge will set your case for trial. Now is also when asbestos defendants have a real incentive to settle your case. For this reason, your lawyer from Bergman Draper Oslund Udo will work to have your case set for trial as soon as possible.

If the defendants in your case do make a settlement offer, we will communicate those offers to you and share our opinion about whether you should accept or reject them.

If a settlement cannot be reached, then your case will proceed to trial. The jury will make the final determination about the defendant’s responsibility for your injuries and the amount of compensation that would be fair in your case.

Step 5: Appeal

If your case goes to trial and we are successful, the defendant has the right to appeal the decision. If it does so, it will ask a higher court (usually called the court of appeals) to review the case to see whether mistakes were made at trial that were so serious that the jury’s verdict should be disregarded and a new trial granted.

Get Started with your Free Case Evaluation

Most people that develop mesothelioma from asbestos worked in high-risk industries including construction, automotive repair, manufacturing, mining and a host of other fields. Not only were workers themselves at risk, but their families as well. Even if you didn’t work in a high-risk job, if a family member did, you were still at risk.

After you’ve been diagnosed with mesothelioma or if you’ve been told it’s a possible diagnosis, you need to educate yourself about your options and your illness. We can help you understand your options.