After the complaint is filed and all the defendants have answered, the parties proceed to conduct discovery, which is the process whereby facts to the mesothelioma lawsuit are identified. Each side can send the other written questions(called interrogations), requests for documents, and requests for admissions of certain facts. This type of discovery is usually done early in the case and then the parties hold depositions to clarify and expand on the information exchanged.
While all this is going on, mesothelioma lawyers, paralegals, and investigators are diligently researching all potential asbestos exposures and defendants. This process usually continues up to the day of the settlement or trial. Our firm has over 30 professionals with extensive asbestos litigation experience who devote all their time to these important tasks.
Full and fair value for our clients is the primary goal. This is normally done through settlement, which is how the vast majority of cases resolve.
Because many defendants are bankrupt, we can submit claims to the trusts formed by the bankruptcies and usually receive funds within a matter of weeks. We also have case processing agreements with some non-bankrupt defendants, which also allows our firm to complete early settlements in a case and get money to the clients. Usually, the target defendants do not settle until the eve of the trial or even after we are already in the courtroom beginning the trial. However, this is also the time when we have the most leverage, as no company wants to try asbestos cases and risk high verdicts and bad publicity.
Although only about five percent of our cases go to verdict, we often start trials before the remaining defendants videotape their depositions in case that is not possible. Either way, throughout the trial, we keep in close contact with the clients and offer strategic advice about settling or taking a verdict. Unlike some firms, we do not ask for additional compensation for trying a case. We consider it part of our service in achieving the very best results for our clients.
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