Filing Your Mesothelioma Law Suit - Frequently Asked Questions 1

By: Alan Haburchak
After being diagnosed with mesothelioma cancer, it's only natural for an individual to be frightened and unaware as to what to do next. It is important that if an individual decides to proceed with a mesothelioma lawsuit, that they understand what, who and how to go about mesothelioma litigation.

What does "occupational exposure" mean?

"Occupational exposure" means that you were exposed to the agent that caused your mesothelioma - usually the toxic mineral asbestos in its insulation and fireproofing forms - in the usual course of business. Occupational exposure is when you are exposed to asbestos fibers and dust while on the job.

What does it mean to file a asbestos exposure litigation?

Litigation is a long and often confusing process. When you contact a lawyer about a potential mesothelioma claim, you will typically present your medical records and diagnosis for his assessment before he can tell you if you have a chance in court. If the lawyer determines that your case is sound and will probably recover some monetary compensation and damages, he will take on your case, usually with a retainer or fee agreement. Your attorney will file for a complaint and summons. Usually mesothelioma cases are settled prior to an actual court, but if the case hasn't been settled, two a team of lawyers will begin building each side of their case. Since mesothelioma is a disease, an Independent Medical Examiner (IME) will probably be involved in your case.

An IME conducts an unbiased medical investigation into your mesothelioma and examines your medical records. The other side will probably request your medical records, as well, in order to determine if you had a pre-existing condition or other medical problems that may relieve them of responsibility for your occupational mesothelioma. Usually a victim will be required to sign and release medical information as part of the case. Your attorney will advise you which documents to sign and which releases to give.

To prepare for mesothelioma litigation, a lawyer will do lots of investigative work by looking at medical records, garnering testimony from experts on mesothelioma as well as accessing employment history.

If your case goes to trial, expect your lawyer to consult with other experts such as trial preparation specialists, who conduct mock trials and coordinate convincing exhibits, multimedia experts who can help present the evidence at trial in the most convincing manner, and witnesses who can bolster your own testimony in your mesothelioma trial. Usually, part of the process of filing a mesothelioma lawsuit will consist of a mandatory settlement conference (MSC). MSC's occur because many states are trying to avoid the costly price of going to trial.

This could warrant compensation with a monetary sum. If a jury finds in your favor, you may be eligible for damages above and beyond just your medical treatment; pain and suffering, loss of employment, and other damages may apply.

To learn more about mesothelioma litigation visit, http://mesothelioma.legalview.com/ . Also use LegalView's other resources by visiting http://www.LegalView.com/ . Here you will find information on how to locate a Nephrogenic Systemic Fibrosis law firm.

Article Source: http://www.ArticleBiz.com