After filing a mesothelioma lawsuit, the next step in the case process is to wait for the defendant's response. Defendants are afforded a set amount of time to respond to the mesothelioma claim. Luckily, there is a time limit set for responses (typically 30 days), so the filing party does not have to wait an indefinite amount of time to begin the next part of the case process.
Keep in mind the defendant has to be served court papers. In some mesothelioma cases, this is rather easy. It may simply be a matter of mailing the petition to the company. On the other hand, if the company has closed or gone bankrupt, it may take some time to contact the appropriate people with the mesothelioma petition and other necessary paperwork.
Upon filing paperwork and sending it to the defendant, your lawyer may receive a number of possible responses. Rarely, if ever, will the defendant admit any kind of guilt, which would only hurt their case in the end. Instead, it is common for the defendant to make a number of allegations in direct opposition to the initial claim.
What to Expect
You may receive a response from the defendant that denies all fault for your medical condition. A number of allegations may be put forth, such as:
* Smoking, drinking, or drug use caused your health problems.
* Your family history shows significant health problems among relatives.
* You worked other places where asbestos was a bigger problem.
* You have not been properly diagnosed by a medical professional.
* The petition was not filed correctly, even if it was filed on time.
* You were exposed to asbestos and other dangerous substances in your own home, not just at work.
* You do not have the authority to file a wrongful mesothelioma death lawsuit on behalf of the deceased.
* Your medical condition is not related to asbestos exposure
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