How to Defend a Mesothelioma Claim
You have probably seen numerous television advertisements by plaintiffs' attorneys seeking clients to file mesothelioma lawsuits. Mesothelioma is a cancer of the mesothelium, a membrane that protects internal organs. Exposure to asbestos can cause mesothelioma. Filing mesothelioma lawsuits is very profitable for attorneys and plaintiffs. If a plaintiff names you as a defendant in one of these lawsuits, you will need to know how to defend yourself.
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Instructions
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File an Answer with the court. This legal document is your first chance to deny the claims made by the plaintiff. You only have a limited number of days to file your Answer. In most jurisdictions you have 20 days, although extensions can be granted.
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Hire an expert. Mesothelioma claims require scientific evidence linking some action or inaction on the defendant's part to the plaintiff's cancer. The plaintiff will hire experts to make this scientific link. You need an expert of your own to review the reports of the plaintiff's expert and testify to any flaws.
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Conduct discovery, a legal process wherein the parties exchange documentation and other information. Request all documents relating to the plaintiff's claim. Send the plaintiff interrogatories, formal questions that he must answer truthfully, if there are no legal objections. This will give you a better understanding of the plaintiff's claims and theory of the case. Schedule depositions. In a deposition, you have the opportunity to ask the plaintiff, his experts and any other potential witnesses questions under oath. This pins them down to a particular answer, so you will know in advance what will be said in court.
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File a Motion for Summary Judgment. This formal motion asks the judge to review a legal brief and certain exhibits. The judge will rule in your favor and dismiss the case if no material issues of fact exist and you are entitled to a judgment as a matter of law.
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Go to court at the designated time for trial. The plaintiff will put on his case first. Cross-examine the plaintiff's witnesses to point out any inconsistencies. To be held liable for the plaintiff's mesothelioma, you must be proven so based on scientific evidence that you are at fault. It is the plaintiff's burden to prove that connection by "a preponderance of the evidence," which means that it is more likely than not. Highlighting any holes or inconsistencies in the plaintiff's case for the jury will work to your advantage.
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Present your defense at the conclusion of the plaintiff's case. Call your own expert and any other relevant witnesses to the stand. At the conclusion of the trial, the jury will deliberate and deliver a verdict.
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Tips & Warnings
If you are held liable in a mesothelioma claim, you may have to pay a substantial amount of money. Consider hiring an experienced defense attorney to protect your interests.
