Mesothelioma Lawsuit Process

If you decide to file a lawsuit, your attorney will assist you through the process. While everyone's case is different, there are a number of steps that apply to nearly everyone who files an asbestos-related lawsuit with a mesothelioma attorney. For the most part, mesothelioma lawsuits follow these steps:

A mesothelioma attorney will help you consider your legal options. Your attorney will also gather information about your asbestos exposure and illness to determine who is responsible for your condition and which court to file your lawsuit. You may be eligible to file your lawsuit in more than one court. An asbestos and mesothelioma attorney will be able to use the information gathered earlier in the preparation stage to help you choose the most favorable court for your asbestos lawsuit. For more information Please visit the Case Process page for more information about the case preparation stage.

A mesothelioma attorney will help you consider your legal options. Your attorney will also gather information about your asbestos exposure and illness to determine who is responsible for your condition and which court to file your lawsuit. You may be eligible to file your lawsuit in more than one court. An asbestos and mesothelioma attorney will be able to use the information gathered earlier in the preparation stage to help you choose the most favorable court for your asbestos lawsuit. For more information Please visit the Case Process page for more information about the case preparation stage.


You must file a formal, written complaint with a court to begin your lawsuit. Your attorney will prepare and file this document. In order for your case to move forward, your complaint must follow different court rules on how the document is written and the details it provides about your claim. An experienced asbestos and mesothelioma attorney will be familiar with these rules and the issues that often arise in asbestos lawsuits. Your attorney will use this knowledge to help present your claims to the court.


Each defendant in your lawsuit will also receive a copy of your complaint and have the chance to respond. Remember that many years have likely passed since your asbestos exposure and the company responsible may have been sold or gone bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process.

Once served with a copy of your complaint, each defendant will have a certain amount of time, usually around 30 days, to respond. Defendants rarely respond by admitting fault. Most likely, they will deny your claims and defend themselves. They may argue that your complaint is not valid or that someone or something else is responsible for your asbestos exposure. They may even claim that your condition is not related to asbestos exposure. Your attorney will reply to each defendant’s responses.


During this stage, lawyers for both sides of the lawsuit will gather information about your claims. Both sides will ask the other side to answer written questions, produce documents, and participate in depositions. Some of the information gathered will become the evidence used at trial. Discovery may take several months, but if you are very ill your attorney can ask the court to speed the process along before your condition worsens.

The defendant’s lawyers will look for evidence that something or someone else caused your illness. As a result, they will demand very personal information about you like your medical history and records, work history, and information about your personal habits. They will also seek information from your loved ones, doctors and co-workers.

You will also need to participate in a videotaped deposition. During the deposition, you will take a sworn oath before answering questions from the defendant’s lawyer. This process may take a few hours or several days, but can be performed from the comfort of your own home.

Your attorney will prepare your responses to any written questions and document requests. Your lawyer will also go over likely deposition questions with you in advance and be present to assist you during the deposition. In addition to helping you respond to discovery requests, your lawyer will also make similar demands to the defendant for information supporting your claim that the defendant negligently exposed you to asbestos.


Before the trial starts, the defendant's lawyers may offer to resolve the case for a set amount of money. If no settlement is reached before trial, the defendant may make a better settlement offer during trial. Your mesothelioma attorney will negotiate for you.



The trial process varies depending on where you file a claim. In many cases, it is not necessary for you to appear in court. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the trial. Please visit the Verdicts page for more information about possible trial outcomes.




If you win after the trial, the defendant may decide to file an appeal. There is a limited amount of time, usually between 30 and 180 days, to file an appeal. This will delay any monetary award, but the defendant will need to post "bond" for the amount awarded while the appeal proceeds. If the defendant loses its appeal, you will start receiving payments. If the appeal is successful, the defendant may end up paying a smaller amount or nothing at all.

An appeals court generally accepts any facts that the trial judge and jury found to be true. Usually the only thing an appeals court decides is whether the trial court correctly applied the law to the case. If a mistake was made that affected the result of the trial, the appeals court may order a new trial. Sometimes the appeals court can just correct the mistake without a new trial, such as when the amount of the award was calculated incorrectly. If your case is appealed, your attorney will be available to explain the process to you.