The Steps of Mesothelioma Litigation

The Steps of Mesothelioma Litigation
The lawsuits of mesothelioma cases are time-sensitive. In other words, there is a time limit that decides when an individual can file a lawsuit. There are five steps of mesothelioma litigation: preparation, filing, response, discovery, and settlement. We explain each step below.

The Steps of Mesothelioma Litigation


This is the first step. During this step, your mesothelioma lawyer will gather all the necessary information in order to determine whether or not you have a claim. The information includes employment history, medical records as well as military service.


The next step is filing. In this step, your mesothelioma lawyer will write a complaint and file it to the courts. The complaint is filed is written based on the information that has been gathered previously. Which courts will it depend on the place where the asbestos exposure happened. With this filing, the litigation is legally started.


The defendant (or defendants, depending on the case) in the lawsuit will receive a copy of the filed complaint. They will then hire their own lawyers to represent them in the court. The defendant has a chance to give a response to the complaint by collecting information about your employment history and medical records.

After getting the complaint, in general, a defendant has approximately 30 days to respond. In most cases, the defendant will not admit that they are the one responsible for the illness and may even blame the illness on something else.


In this step, your lawyer will start gathering evidence from an asbestos company (or companies). Meanwhile, the defendant will start gathering evidence that supports their position.


The last step in mesothelioma litigation is a settlement. The probability of the case being taken to a jury trial is quite low. According to estimation, over 90 and of litigations are settled outside of the court. The defendant’s lawyer will offer to give you a sum of money as compensation, which is usually followed by a negotiation.