Most asbestos-related lawsuits never go to trial. Many cases are settled out of court long before a trial begins. And a number of others are settled during the trial process. Regardless, the job of your mesothelioma attorney is to prepare for a trial as soon as you decide to file a claim.
Attorneys will take into consideration how to build your case. As the case is being built, the attorney will form a plan about what kind of trial best suits the medical evidence and work history you are able to provide. If your case does end up in court, it will be important for you to know the steps of the trial process.
Steps in the Trial Process
If an asbestos-related case is deemed strong enough to go to trial, the following steps are generally followed:
- Determining the Type of Trial
There are two types of trials. The first type is held before a judge, in what is known as a bench trial. The second type of trial is held before a judge and jury. Your attorney will help you decide which option is better for you, and the decision depends on the facts and strength of your case.
- Settlement Negotiations After a trial date is set, if settlement negotiations have not already started they will likely begin soon. Your attorney will discuss any potential settlement offers with you. You can participate in any of the negotiations, but you are not required to attend. Do not feel pressured to settle your case early in the process if you do not feel you have received a fair offer. In some cases, a settlement agreement can be presented on the morning that the trial is set to start – or even during the trial.
- Presentation of Evidence and Testimony If the case does go to trial, both sides will present evidence and testimony from witnesses. Both sides can respond to evidence from the other side and cross-examine the other side’s witnesses. If it is a bench trial, the judge will issue a final opinion. If it is a jury trial, the jury will deliver a verdict.
From start to finish, the case process could take several months, including a few weeks for a mesothelioma trial. Your attorney will work to resolve your case as quickly as possible.
If you are in poor health, you can petition the court for an expedited case process. If mesothelioma takes your life during the case, the case comes to a halt, and your family members will have an option to resubmit the claim as a wrongful death suit.
With an experienced mesothelioma attorney, you can decide how much you wish to participate in the trial. An experienced attorney can handle the process and advise you on your options.