For over three decades, the mesothelioma law firm
of Early, Lucarelli, Sweeney and Meisenkothen has specialized in
asbestos litigation. In that time, ELSM has helped thousands of
mesothelioma victims get the financial compensation they deserved for
the injuries they sustained from asbestos products made and sold by
negligent asbestos companies.
Choosing a good mesothelioma lawyer is imperative
to ensuring that you will be awarded the highest settlement dollars for
your case.
In this section, you can learn more about our firm, our experienced
legal team and the outstanding results that we have achieved for our
clients. We are confident that after you learn more about us, the
clients we serve and our past track record, you will see how we can put
our decades of experience winning mesothelioma settlements to work for you and your family.
Initial consultations at Early, Lucarelli, Sweeney and Meisenkothen
are always free of charge and are designed to help us evaluate your case
and measure your chance for a viable, successful lawsuit. In addition,
because Early, Lucarelli, Sweeney and Meisenkothen operates on a
contingency fee basis, the client pays nothing unless we succeed in your
behalf and money is recovered.
Filing a Mesothelioma Lawsuit
To start the process of seeking compensation for a mesothelioma client,
ELSM begins with a brief introductory meeting. During this meeting, an
attorney from ELSM 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, ELSM 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, ELSM performs a thorough work history investigation of the
diagnosed party. ELSM 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, ELSM 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. ELSM 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, ELSM 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, ELSM 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, ELSM can file a lawsuit in any forum where a
mesothelioma client has resided, worked, served in the military. ELSM
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, ELSM 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 ELSM to present
information to the Defendant asbestos companies which document where,
when and how the mesothelioma client was exposed to particular asbestos
products. ELSM 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. ELSM will also file appropriate motions in Court during the
Discovery phase on the mesothelioma clients behalf. Additionally, ELSM
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, ELSM will discuss the strengths and
weaknesses of seeking trial resolution vs. settlement with the
mesothelioma client. ELSM 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, ELSM is
experienced, qualified and prepared to do so.
