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The Legal Process
"The Legal Process: Receiving What You Deserve"
The Process
At Coady Law, we are dedicated to providing our clients with unparalleled legal service. We approach every case, regardless of the opposition, with resolve to obtain and deliver the best possible outcome for our clients. We pride ourselves on our national resources and on our ability to successfully challenge the large companies and corporations who are responsible for your exposure and disease.
With your rights in mind, we initiate the legal process for every case with the intention of working it through to trial. Although we plan on seeing each case through to the verdict, our success record has also demonstrated numerous settlements reached before and during the trial.
Each case is based on a contingency-fee basis, which means we do not receive any fees until and unless we collect compensation for you. In the unlikely event that we are unable to recover any compensation for you, there is no-obligation for you to reimburse or to pay any legal fees. Working with our team means no risk to you.
Getting Started
At your initial interview, one of our attorneys or investigators will sit down with you and review all of your background information. This initial interview is designed to explore many factors important to your case, such as your exposure history, medical history, military affiliations, as well as any other pertinent information that will influence the case. This is also an important time for you to get to know our firm and understand the scale of the situation. After this first meeting, during which we will answer any questions you or your family may have, we will set the best course for the optimal place to file and litigate your case. Depending on the circumstances and product exposure, initial settlement proceeds can sometimes occur within 60 days.
Setting Course
Based on an initial meeting and the medical records and information that we will collect, our attorneys will determine which type of lawsuit is most appropriate for your case. With mesothelioma lawsuits, there are many different claims that can be made, including negligence, strict liability, conspiracy and/or gross negligence, among others. There are various aspects to such claims. For a personal injury claim, a lawsuit is filed for damages that may include medical expenses, loss of income, and pain and suffering. In a wrongful death suit, the survivor of a mesothelioma victim may file a claim on behalf of the deceased in question. Each claim differs in procedures and the results will ultimately depend on a multitude of factors including evidence available and the jurisdiction where the case is filed.
These factors are important to take into account as they affect your overall settlement and the way the proceedings will move forward. Many times, the biggest hindrance that arises is the "statute of limitations" and not filing prior to the expiration of this window. In every case related to mesothelioma, the beginning timeframe is established on the date of your diagnosis. Although the window for filing varies from state to state, if you do not file within the set timeframe, you will permanently lose the opportunity to seek damages. It is important to note that while your exposure may have been decades ago, the length of time from your initial asbestos exposure to your diagnosis generally has no bearing on your right to file, but the time running after you receive your diagnosis will affect your claim.
With the considerable intricacies of filing a mesothelioma claim, it is crucial to have an experienced law team standing by you. To prove a manufacturer's carelessness caused your disease, you need to work with a skilled lawyer who understands victims' rights and the many facets of lawsuits concerning mesothelioma. The talented and dedicated attorneys at Coady Law will work with you and your loved ones closely. Together, we will demonstrate to the corporations responsible for your family tragedy that their disregard and negligence towards you and your safety will not be tolerated.
Continuing Investigation and Evaluation
After taking your information and creating a timeline for the progress of your case, our attorneys and paralegals collect additional information from your past jobsites and co-workers. We work alongside a resourceful team of investigators who will dig deep into the companies, jobsites and manufacturers associated with your past and collect all evidence available to assist in proving the facts of your asbestos exposures.
After we examine the information and identify the defendants we believe are responsible for your illness, we will file a lawsuit in the best and fastest venue available to us. This may mean that we file suit in a state other than the state in which you reside, such as a state where you were exposed to the asbestos products in a port or shipyard you visited or where a corporation is headquartered. Where the case is filed will not cause you any inconvenience as your involvement (such as your deposition, below) will take place in your local area.
Discovery and Deposition of the Clients
Prior to taking your case to trial, the defendants and your law team at Coady Law will exchange pertinent documents and information for the case. Known as "discovery," this process will unearth facts that will help both parties prepare their case. During this time, you will also be asked to provide answers to questions asked by the defendants. We will be with you every step of the way during this process; we handle this for you and aid you every step of the way to make this as seamless and as efficient as possible.
During the discovery stage, you and the defendants will potentially be subjected to a deposition, wherein the witness provides testimony to the parties. These depositions are sworn under oath and the questions and answers are recorded to create an official record. Throughout the deposition, the defendants' lawyers will have the opportunity to ask you about personal information that is critical to the case. These questions will range from your work history, to the scope of your illness, past medical problems and a variety of other questions. Throughout this meeting you will have the support and guidance of your Coady attorney, by your side and there with you every minute needed.
The Trial Process
After the discovery process has completed, your law team will meet to advise you on possibilities to settle favorably out of court, prior to trial. In the event you wish to turn down any of the settlements offered, your case will move forward to trial and be presented before a judge and jury. You and your family members will be well informed during every step of the proceedings and will be well prepared for trial, in the event you wish to proceed with one. This is YOUR choice to make.
Although you are entitled to your day in court, you, like most participants in any civil court case, may determine that a more desirable resolution is to settle your clams privately out of court. Many times (as our cases are always thoroughly prepared), prior to the day set for trial to begin, the defendants offer compensation to settle your claims before they can be presented to a jury. When this happens, our experienced attorneys will review the offers with you and advise you whether or not they are worth accepting. The final decision is yours.
Appeals
In the event that we are unable to settle before the trial, the case will be brought before a jury. When a verdict is rendered, you will either be awarded compensation or denied. Regardless of the verdict, both sides have the right to appeal the ruling and ask a higher court to review the case and determine if the judgment was in fact legitimate. Although these appeals can take years to resolve, Coady Law has handled such appeals that have resulted in successes for our clients. We will continue to guide your way should this relatively rare event unfold in your case.
Bankruptcy Claims
Many of the corporations that profited from asbestos and its harmful effects have previously filed for bankruptcy protection. Although these companies can no longer be sued in court for their legal responsibility in manufacturing asbestos-containing products, many companies have been forced by the courts to establish bankruptcy trusts. These trusts provide a vehicle for victims adversely affected by bankrupt corporations' conduct to recover some amount (in some instances only pennies on the dollar) relative to the value of their actual claims against these companies.
At the appropriate time during their representation of you and your family, our attorney's will actively pursue and file claims for compensation through these trusts as might be appropriate in your situation. Since settlement circumstances are different, the amount that each trust pays will depend on various factors including:
- Where a person was exposed
- When a person was exposed
- To which products(s) a person was exposed
- Impact on the victim and his/her family
- Wage loss
- Medical expenses and bills
Owens Corning, Western Asbestos Federal Mogul, Combustion Engineering and National Gypsum are just a few of the companies that have been required to establish such trusts. Regardless of the size of the manufacturer or amount established in the trust, the attorneys at Coady Law will work for the appropriate compensation you deserve. For more information on companies and manufacturers that have filed in bankruptcy court, or for information on the services Coady Law offers to mesothelioma victims please email us at info@coadylaw.com or call us today.
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