How the Legal Process Works in a Mesothelioma Lawsuit Against Asbestos Companies

What Happens Once I’ve Hired Paul & Hanley to Represent My Mesothelioma Lawsuit?

Once you’ve hired us to handle your case we typically follow the process outlined below.  Of course the details of how each individual client’s case unfolds are unique to that client. Your specific needs are our first concern.

Step 1:  We meet in person.

It is important that we meet with you and your family face-to-face, and to do that we will travel to you.  Because the faster we move your case through the legal system the sooner we are able to recover substantial compensation for you, time is of the essence.  We will be prepared to meet with you just as soon as you are ready, even on one day's notice or less.  We will answer your questions and gather information on you and your family.  We will also begin the involved process of understanding how you were exposed to asbestos that lead to your mesothelioma or other asbestos-related disease.  We will gather information on your employment history and medical history for use in putting together a strong case.  Because the faster we move your case through the legal system the sooner we are able to recover substantial compensation for you, time is of the essence.  We will be prepared to meet with you just as soon as you are ready, even on one day's notice or less.

You may want to read our How Can I Help? webpage to see how you can help us prepare the best possible case on your behalf.

Step 2:  We do background research to begin the process of identifying which companies may be responsible.

With the basic information in hand we begin the process of identifying the responsible companies and locating those that are financially viable or have insurance to pay for your claim.  Knowing how, where and when you were exposed to asbestos, we will identify which manufacturers, distributors, and contractors supplied the asbestos to those locations at the time you were working there.  It is very important that we are able to show that you were exposed to certain asbestos-containing products in order to force the asbestos companies to compensate you for your suffering.

Step 3:  With your help we determine what companies are responsible for you illness.

After getting a general idea of how you were exposed to asbestos, we work hard to determine which asbestos companies are responsible for causing the mesothelioma or other asbestos-related illness.  Ultimately this may involve many more companies than you might expect.  Often there are 20 to 30 companies who may be liable.  Our attorneys are very familiar with these cases, and with the client’s help, we can quickly determine which companies are most likely to be responsible.  Each company separately will then settle or perhaps go to court based on how strong they believe the evidence is against them.

Oftentimes our clients are not sure about the details of their work histories or of how they were exposed to asbestos.  They may not remember the names of the asbestos products they worked with, or the names of companies that made these deadly products.  Paul & Hanley will use our in-house investigators to find this important information for you.  For instance we may look into your employer’s records to see what products they were purchasing, or we may show you photographs of various products to see if you recognize them.  Very often we locate and interview a number of your prior coworkers in order to find out what information they may be able to give us about your asbestos exposure.  Having a complete work history and a complete list of the asbestos products you were exposed to is an important step in building a strong case.  

For some people, asbestos exposure occurred in or near their homes, such as during a remodel project or even repairing the brakes on their cars.  Others may have suffered asbestos exposure when their father or other family members came home with asbestos on their workplace clothes.  Paul & Hanley thoroughly researches all possible avenues of asbestos exposure in order to make sure that we hold all of the responsible companies accountable.

Step 4:  We file your case in the most appropriate court.

Determining the best court in which to file your lawsuit is another important step in the process.  Luckily, California has laws that are generally favorable to asbestos victims.  Because you are ill, California courts often give scheduling preference to these cases which greatly speeds up the litigation enabling a much quicker settlement or court verdict.  The location of the court may or may not be close to you, and many of our clients find it difficult to travel because they are sick.  Keep in mind however that you do not have to travel to court unless you want to.  Of course many of our clients and their family members want their day in court and make a point of being there if at all possible.

Step 5:  The discovery phase is the next important step.

With your lawsuit filed the discovery phase becomes the next critical step.  In this phase we exchange all information regarding your case (for instance your relevant medical, employment, and military records) with the defendants (the companies we are suing).  We also get asked questions about your specific case in writing and send them to each of the asbestos companies we are suing.  The discovery process allows us to gather important information for settlement discussions on your behalf, and to prepare for a jury trial should that be necessary.

Step 6:  Depositions are taken.

A deposition is when a person testifies under other in a setting other than a courtroom.  Depositions are very common in mesothelioma law suits and typically take place one to three months after we first take on your case.  One of our attorneys will depose you (ask you questions under oath).  Attorneys for the asbestos manufacturers will also be present and will ask you questions.  Your deposition will be videotaped, and usually takes place near you or even in your home to accommodate the fact that you are ill.  During the days and weeks preceding the deposition, our attorneys will meet with you to help you prepare. The deposition usually lasts between one and four days.

Once you have completed your deposition, you will have finished the largest task that you will personally have in the lawsuit.  Sometimes the depositions of your spouse or other family members are necessary.  If so, they typically last less than one day.  Many other depositions are likely to occur in your case, but you need not attend any of them.  From your perspective, a great deal of work will be occurring "behind the scene".  Your attorneys will aggressively seek to take the depositions of any coworkers or other knowledgeable persons who can help your case.  Your attorneys will also depose representatives of the companies we are suing.  Several medical and industrial hygiene witnesses will also is be deposed in your case.

Step 7: We get the results you want.

In a typical mesothelioma case, settlements with some companies are made very quickly.  Based on our many previous asbestos cases, our office has developed very detailed information on all of the asbestos companies.  And these companies and their team of lawyers know how successful we are in pursuing these cases and so they will often offer very reasonable settlements quickly.  Settlement offers can be made at any time after filing the law suit but they are often made around the time discovery phase is about to end.

In the many cases we’ve handled, most of the asbestos defendants settle before starting trial. In fact, we have agreed to multi-million dollar settlements from asbestos companies without ever starting trial.  We are committed to always keeping you informed, and therefore we will notify you every time a company makes a settlement offer.  We will either recommend that you accept or reject these offers, and explain why based on our extensive experience with these situations and the details of your individual case. The final decision – as always - is of course up to you.  Sometimes there may be a few companies that do not offer reasonable settlements.  In that case we can go to court against those few holdouts to get the money you deserver for your suffering.

Step 8:  What happens if only some of the companies settle?

If one or more defendants refuse to offer a fair and appropriate settlement, you may elect to go to trial.  Often, under the threat of trial, many of the holdout companies will settle around the time of the beginning of trial.  Most companies settle before the trial ever goes to a jury to decide.  However, if the trial goes to verdict you can expect it to last about three to four weeks.  We hire expert witnesses meaning medical doctors who specialize in mesothelioma and asbestos exposure.  These strong, highly qualified and credible witnesses have often written books on the subject and done extensive research.  They strengthen your case tremendously.  The attorneys of Paul & Hanley LLP have been very successful in getting large jury verdicts in these cases.