Once this paperwork has been filed with the court clerk, a copy is hand delivered to the defendant by an officer of the court known as a process server. The defendant(s) are provided time to respond. They will likely either deny all liability, or their lawyers will file a motion to dismiss your case.
Mesothelioma Lawsuits: Step Three
Mesothelioma Lawsuits: Step Three
Before the actual trial begins, there will be a long and arduous process of discovery, the period during which evidence is gathered and examined, witnesses are scheduled and interviewed, depositions (sworn statements) are taken, and more.
During the discovery process, you will be interviewed by attorneys for the defense. Expect that they will use all their expertise to demonstrate that your mesothelioma claim has no basis. They will examine your entire life and all your medical records in an attempt to show that your illness was not their fault, or that you were aware of it earlier than you claim (therefore arguing that the statute of limitations had expired). They may even attempt to intimidate you. Your lawyer may guide you through the mesothelioma lawsuit process and assist you as much as allowed under the law.
In the meantime, both sides may try to reach a resolution to the matter; some call this an out-of-court mesothelioma settlement. If this does not occur before the trial date, court action will proceed.
While this is a stressful process at a time when you are least able to deal with it, remember that the law and precedent are on your side and your lawyer is there to advise you along the way.
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