Filing a Mesothelioma Lawsuit

o start the process of seeking compensation for a mesothelioma client, ELSS begins with a brief introductory meeting. During this meeting, an attorney from ELSS will outline the various steps of the legal process; address any questions or concerns you may have related to the legal process; and discuss the ways in which a mesothelioma client has been exposed to asbestos.
After this introductory meeting, ELSS will work on your behalf to collect all diagnosing medical reports from the medical facilities where you were treated. Before a mesothelioma lawsuit is filed, ELSS performs a thorough work history investigation of the diagnosed party. ELSS will collect work history records, including, union records, military service records and other documents to substantiate employment history. In addition to interviewing the mesothelioma client, ELSS will also identify any potential family members, co-workers, and other product identification witnesses who can assist in providing details about the work history and potential asbestos exposure in the case.
After we have completed a thorough product identification and work history investigation, our next step is to identify potential recoveries through asbestos trusts. A number of companies have admitted past asbestos liability and have set up asbestos trusts to compensate mesothelioma clients who present qualifying claims. ELSS is familiar with these asbestos trusts and their requirements for successful claims submission. For the most part, compensation through these trusts happens relatively quickly assuming your particular case meets each trust’s exposure criteria.
After your case has been evaluated for recovery through the asbestos trusts, ELSS then begins investigation of your case against viable companies who have yet to fully admit their asbestos liability., After an investigation period of about 30 to 60 days, ELSS will determine the proper venue to file the legal action. Venue selection is extremely important and is determined based on a number of factors including: a thorough understanding of scheduling, process time-frame, settlement history, and local laws, ELSS can file a lawsuit in any forum where a mesothelioma client has resided, worked, served in the military. ELSS can also fiel your lawsuit in “open forum” states that are agreeable to allowing non-resident / non-exposure claimants to file.
As soon as the proper forum is determined, ELSS will file a formal Complaint on behalf of the mesothelioma client. The Complaint will typically assert 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 or defendants named in the Complaint will vary based on the specific type and amount of exposure a mesothelioma client may have had during his/her lifetime.
After filing of the Complaint, the Discovery phase commences and usually lasts 3 to 4 months . Discovery allows ELSS to present information to the Defendant asbestos companies which document where, when and how the mesothelioma client was exposed to particular asbestos products. ELSS can present this information via written documents (interrogatories) and/or oral testimony (deposition) to the Defendant asbestos companies. The Defendant asbestos companies will also be entitled to present information and/or document to your attorney during this period. ELSS will also file appropriate motions in Court during the Discovery phase on the mesothelioma clients behalf. Additionally, ELSS will likely try to reach some financial settlement(s) during the Discovery phase.
Most mesothelioma lawsuits will not end up going to trial, but rather will resolve in settlements well in advance of the trial date. Throughout the entire process, ELSS will discuss the strengths and weaknesses of seeking trial resolution vs. settlement with the mesothelioma client. ELSS values continued client input and respects the client’s right to decide what may be in his/her best legal interests. Should a matter proceed to trial with your approval, ELSS is experienced, qualified and prepared to do so.