Any court action requires a fair amount of paperwork, whether it is a high-profile criminal case or an action in small claims court. Much of this paperwork must be in order even before filing a complaint.
If you have been diagnosed with mesothelioma, you should understand that (A) public record, legal precedent and case law may favor the plaintiff in such cases, and (B) mesothelioma court actions may be long, drawn-out and stressful procedures that may take years to resolve.
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 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.
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