subject: Understanding the stages of the mesothelioma lawsuit [print this page] Understanding the stages of the mesothelioma lawsuit
The adverse effects of asbestos exposure led to the introduction and implementation of the mesothelioma law. According to this law, if an individual suffers from asbestos exposure, and subsequent mesothelioma, because of another entity's negligence, the victim or survivors have the right to file for damage recovery.
You need an attorney proficient in Ohio laws to work on your case. He/she would know how these apply on your case. For example, he/she knows that the filing needs to be done within two years from the reasonable time of discovery of the injury as per the state statute of limitations.
How exactly does the legal procedure regarding this law work? Before you get involved in a lawsuit, it is better to get a clear idea about the matter. Every mesothelioma lawsuit follows a procedure comprising certain steps. Here is a brief overview.
1) Your attorney files the complaint identifying the responsible entities (defendants), alleging negligence, and establishing the relation between the negligence and the harm.
2) The defendant(s) get copies of the complaint (i.e. complaints are served) to notify them about the impending legal action.
3) The defendant(s) file an answer' to admit or deny (in most cases) the allegations as well as affirmative defenses, if any.
4) The burden of proof is on both the defendant and the plaintiff. In such a circumstance, the preponderance of the evidence forms the basis of the case.
5) Next is the stage of discovery where each side tries to find as much as possible about the facts from the other side. The three common tools of discovery are as follows:
Deposition, where you answer oral questions put by the defendants attorney under oath
Interrogation, where you answer written questions regarding the suit under oath
You provide authorization to the defendant to get your medical records, etc
Note: YourOhio mesothelioma attorney needs to help you through this phase, so that you do not give any incriminating statements (oral or written).
The legal process culminates when you reach the trial stage. The court decides on the date of the trial. You may have to wait for the trial date, as this follows the first-filed-first trial basis. However, in case of individuals with malignancies, the trial date may be set ahead of time.
Going through all these stages of the lawsuit is possible only when you avail competent legal help. Therefore, a good mesothelioma attorney is your best bet!
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