What’s Involved In A Mesothelioma Lawsuit

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February 13, 2008

Mesothelioma is a form of cancer that usually develops in the lungs, and in up to 75% of these cases the cause of the disease is believed to be exposure to asbestos, the liability of asbestos manufacturers and companies who used asbestos in their products has been well established.

As the result of lawsuits successfully connecting mesothelioma with asbestos several major U.S. corporations have been driven into bankruptcy and billions of dollars have been put into trust funds by these companies to compensate victims of this lethal asbestos poisoning.

Because the disease often does not manifest itself until decades after the asbestos exposure, a lawsuit seeking damages for the exposure will require a detailed explanation of the exposure – usually having occurred in the workplace.

Mesothelioma lawsuits often have multiple defendants, which might include both the employer where the mesothelioma victim was exposed to asbestos and the company that manufactured the asbestos products that caused the exposure.

Medical records are a big part of the case, and usually an independent medical examiner (IME) will be drawn into the case by your attorney in order to establish an unbiased medical record. The defendants will also be allowed to go through your medical records, which you will be required to supply.

Your attorney may consult with other experts as well who may supply testimony on such issues as types of asbestos exposure, employee protection from hazardous substances (or lack of it) and the relationship of the disease to asbestos fibers and dust.

If your case goes to trial, your attorney may draw in experts on presentation of the medical and industrial data. There have been enough mesothelioma lawsuits filed over the last ten years that a number of successful stratagems have developed.

Often multimedia experts will be drawn in to develop a presentation that will be complete and will also provide explanation of complex issues to the jury. Mesothelioma lawsuits have become a major fixture in civil law in recent years. Some states may have laws requiring an arbitration procedure before the case goes to trial.

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