Once you have found a mesothelioma lawyer knowledgeable about mesothelioma and asbestos issues and in whom you have confidence, s/he will need information with which to file the formal complaint. A copy of the formal complaint will be delivered to each named defendant by a process server, who is an officer of the court or other means.
The defendant's corporate legal department may file a motion with the court to dismiss the case; they may claim that the complaint was not filled out properly, that the statute of limitations has expired, or that the grounds for action are either not clear or else have no validity. An asbestos lawyer is trained to frame the complaint so as to leave as little room for argument as possible. In order to succeed, s/he will need documentation regarding your job title, names and contact mesothelioma information of any co-workers or colleagues, the specific asbestos product(s) with which you came in contact, how many years you were at the job in question, and signed releases that will allow your attorney to access confidential materials such as medical records and insurance claims as well as employment information.
The discovery phase is the period during which both sides "arm for battle," metaphorically speaking. Evidence is gathered, examined, analyzed and organized; subpoenas may be issued to witnesses; experts in medicine, chemistry, and industrial sciences may be hired to offer mesothelioma testimony; sworn statements known as depositions may be taken and filed.
In the interests of justice, any and all evidence and witnesses are available to both the plaintiff and the defendant for examination. In addition, you will most likely be subject to an interrogatory by the opposing counsel. In this procedure, the defense will do everything possible to discredit you; it is likely to be stressful and unpleasant. However, you will not be alone; your own attorney will make certain that you are prepared ahead of time, and will be there with you at the interrogatory.
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