Understanding Asbestos Mesothelioma Lawsuit

Asbestos Mesothelioma Lawsuit

An asbestos mesothelioma lawsuit applies to anyone who was once exposed to asbestos and now has been diagnosed with a special form of lung cancer. Even though companies who once used asbestos for manufacturing purposes knew there might be health issues concerning exposure to asbestos, they downplayed the problem and continued to allow workers to be exposed to it. For those who have been diagnosed with mesothelioma, the possibility of filing a lawsuit against a former employer and being awarded compensation for pain, suffering and medical bills is a high probability. However, such a lawsuit requires handling by a law firm which specializes in asbestos mesothelioma lawsuits.

Lawsuits are initiated when an attorney files a complaint with the court describing the details of the lawsuit, names of the defendants, allegations of wrongdoing against the defendants and how this wrongdoing has injured the plaintiff. Defendants in a mesothelioma lawsuit generally have about 30 days to file an answer to the complaint. The answer will contain either denial of guilt or admittance of guilt, with most answers denying the allegations, especially in a lawsuit involving a large amount of money.

In a lawsuit regarding allegations of exposure to asbestos, the burden of proof or “preponderance of the evidence” lies with whoever presents the best evidence indicating they have proved their case. After the lawsuit has been filed, the plaintiff’s lawyer and the defendant’s lawyer participate in “discovery” or exchanging information with each other to prepare their respective cases.

Sometimes the victim of asbestos exposure has already passed away and his or her relatives are suing on his behalf. In this event, the lawsuit would be referred to as a wrongful death lawsuit, with a relative or court-appointed person standing in for the deceased plaintiff. However, most cases like these are settled even before they go to court, especially when it is obvious the plaintiff possesses enough evidence to win the case.

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