The second stage of a mesothelioma lawsuit typically is the response of the defendant to the lawsuit filed against them. The defendants in mesothelioma lawsuits are the asbestos companies responsible for exposing the victims to asbestos. The defendants are given around 30 days to respond and the plaintiff does not have to wait for ever. This is known as the case response stage of the lawsuit.
The defendant is served court papers either by mailing the petition to the company or by contacting the people involved especially if the company has been declared bankrupt.
Upon filing paperwork and sending it to the defendant, your lawyer may receive a number of possible responses. The defendant rarely admits to any form of guilt, most times they will make allegations against the petition.
The kind of allegations you should expect are:
- Your health problems were caused by smoking, drinking or drug abuse.
-There is a strong family history of similar diseases in your family.
-You were exposed to asbestos at some other places where you worked.
-You have not been properly diagnosed by a qualified medical professional.
-Your petition was not properly filed, even if you filed it on time.
-You were exposed to asbestos and other dangerous substances in your own home, not just at work.
-You do not have the authority to file a wrongful death lawsuit on behalf of the deceased.
-Your medical condition has nothing to do with exposure to asbestos. Do not be alarmed if the response you receive contains one of the above (or a similar response), as this is to be expected. Some of the elements in their response may be used if the case goes to trial and your lawyer will be fully prepared to refute such fallacious claims. The response may include a settlement request, but this is rare.
If a company has dealt with asbestos cases in the past, they may be willing to settle right away in order to avoid a lengthy and costly lawsuit. However, this first settlement offer may be very low. Most often you will have to wait till when the trial is close or when the trial has commenced before they offer a reasonable amount. Every mesothelioma patient should have a good knowledge of mesothelioma lawyers and mesothelioma lawsuits to be able get the compensation they deserve.