You can also count on the defense to do everything it possibly can in order to prevail. Defendants may question of liability even though since 1977, it has been public record that some corporations (as well as the federal government) have known of the hazards of asbestos, yet deliberately suppressed the mesothelioma information so as to externalize costs while internalizing profits (this basically means they made their fortunes on the death and suffering of their workers).
With the discovery of the "Sumner Simpson Papers" thirty years ago, the legal profession has had evidence against the asbestos industry.Malignant mesothelioma cases have a significantly higher success rate than those involving non-malignant asbestos-related diseases such as asbestosis. In a 2002 RAND institute study, 75% of all mesothelioma cases that went to trial ending in a ruling were resolved in favor or the plaintiff. A fair number are settled out-of-court, either before the trial begins, or prior to the trial's conclusion.
Although this is good news for mesothelioma victims, it is important to make sure that prior to starting any legal action, any and all documentation is in order.
It Starts With a Solid Diagnosis
Clear medical records will be part of the court record. The defense will make every attempt to show that your illness was not the fault of their client. They will put your medical and insurance records under the proverbial microscope to see if you had any possible conditions or lifestyle issues that might have led to your asbestos cancer.
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