To start the process of seeking
compensation for a mesothelioma client, ELSS begins with a brief introductory
meeting. During this meeting, an attorney from ELSS will outline the various
steps of the legal process; address any questions or concerns you may have
related to the legal process; and discuss the ways in which a mesothelioma
client has been exposed to asbestos.
After this introductory meeting,
ELSS will work on your behalf to collect all diagnosing medical reports from
the medical facilities where you were treated. Before a mesothelioma lawsuit is
filed, ELSS performs a thorough work history investigation of the diagnosed
party. ELSS will collect work history records, including, union records,
military service records and other documents to substantiate employment
history. In addition to interviewing the mesothelioma client, ELSS will also
identify any potential family members, co-workers, and other product
identification witnesses who can assist in providing details about the work
history and potential asbestos exposure in the case.
After we have completed a
thorough product identification and work history investigation, our next step
is to identify potential recoveries through asbestos trusts. A number of
companies have admitted past asbestos liability and have set up asbestos trusts
to compensate mesothelioma clients who present qualifying claims. ELSS is
familiar with these asbestos trusts and their requirements for successful
claims submission. For the most part, compensation through these trusts happens
relatively quickly assuming your particular case meets each trust’s exposure
criteria.
After your case has been
evaluated for recovery through the asbestos trusts, ELSS then begins
investigation of your case against viable companies who have yet to fully admit
their asbestos liability., After an investigation period of about 30 to 60
days, ELSS will determine the proper venue to file the legal action. Venue
selection is extremely important and is determined based on a number of factors
including: a thorough understanding of scheduling, process time-frame,
settlement history, and local laws, ELSS can file a lawsuit in any forum where
a mesothelioma client has resided, worked, served in the military. ELSS can
also fiel your lawsuit in “open forum” states that are agreeable to allowing
non-resident / non-exposure claimants to file.
As soon as the proper forum is
determined, ELSS will file a formal Complaint on behalf of the mesothelioma
client. The Complaint will typically assert various legal causes of action
against the asbestos companies likely responsible for causing or contributing
to a mesothelioma client’s diagnosis. The number of asbestos companies or
defendants named in the Complaint will vary based on the specific type and
amount of exposure a mesothelioma client may have had during his/her lifetime.
After filing of the Complaint,
the Discovery phase commences and usually lasts 3 to 4 months . Discovery
allows ELSS to present information to the Defendant asbestos companies which
document where, when and how the mesothelioma client was exposed to particular
asbestos products. ELSS can present this information via written documents (interrogatories)
and/or oral testimony (deposition) to the Defendant asbestos companies. The
Defendant asbestos companies will also be entitled to present information
and/or document to your attorney during this period. ELSS will also file
appropriate motions in Court during the Discovery phase on the mesothelioma
clients behalf. Additionally, ELSS will likely try to reach some financial
settlement(s) during the Discovery phase.
Most mesothelioma lawsuits will
not end up going to trial, but rather will resolve in settlements well in
advance of the trial date. Throughout the entire process, ELSS will discuss the
strengths and weaknesses of seeking trial resolution vs. settlement with the
mesothelioma client. ELSS values continued client input and respects the
client’s right to decide what may be in his/her best legal interests. Should a
matter proceed to trial with your approval, ELSS is experienced, qualified and
prepared to do so.