Published On: Thu, Sep 19th, 2019

How is a Mesothelioma Case Built?

In most personal injury cases, people don’t really want to know how the case is built as long as they get their compensation in the end. However, for someone suffering from mesothelioma, knowing this can be very important for their well-being.

First, they have to know what their lawyer will do and what they should expect from their asbestos lawsuit – meaning, if their case will go into court. Then, they also have to make sure that everything is done the right way and that the people they employed don’t work on this case just for the sake of it.

In this respect, today we’ll be talking about the steps and procedures implied by a mesothelioma case. 

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photo/ witwiccan

The Common Things

Before talking about how the case is built, it is important to mention two common things that should happen, in terms of interacting with your lawyer and deciding your course of action.

  • Travelling

First of all, it is well known that most law firms will send their asbestos attorneys to you and never make you travel. The attorneys will also handle most procedures in your place so that you can focus only on your health.

  • Settlement vs. Court

Then, keep in mind that most cases are kind of made to settle. There have been a couple of mesothelioma cases going into court which end up paying the suffering person around $2 million in damages, but such cases are rare.

You attorney will advise you to go for a settlement, as these are done quickly, while a trial can last for more than a couple of years.

Steps of the Legal Procedure

Your attorney will travel to you only to determine and analyze your exposure history and in exceptional circumstances. If they have this information, they will have little to no need of contacting the patient after their initial visit.

In short, the mesothelioma patient focuses on their health while the attorney focuses on the case.

  • Preparation

As mentioned, the attorney will have to determine the source of asbestos exposure, as well as the time period, and then prepare the case for filing.


  • Filing


The mesothelioma claim will be filed in the state or states that are most advantageous to the case.

  • Discovery

In this phase, your lawyer will talk to medical experts, gather witnesses – basically evaluate all of the evidence that they have available for your case. The mesothelioma patient may be asked to give a testimony, as a deposition, in the discovery phase.

  • Negotiations

The attorneys of the two parties will meet and talk about a possible settlement so that they can avoid a trial. 

  • Trial and Judgement

If your case makes it to court, then a judge or jury will have to declare a verdict. Still, keep in mind that very few cases go to trial. In fact, according to a 2008 report, roughly 80% to 92% of the mesothelioma cases settle.

The Bottom Line

Even though it looks simple, building a mesothelioma case is quite hard. The attorney will have to gather all possible evidence regarding your case, study it, and have it available in case of a trial.

However, given that the majority of cases settle, both the attorney and the mesothelioma patient shouldn’t worry about too much. The patient will get their compensation in no time while the attorney will get their share for their hard work.

Author: Tech Social

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