San Francisco Asbestos Lawyers - California Mesothelioma Case Timeline
The key to maximizing value in mesothelioma cases is to move them through the legal system as quickly as possible. Our experienced San Francisco asbestos lawyers know that in California and some other states, special laws enable living mesothelioma victims to receive a trial date approximately six months after filing a lawsuit. Because of this, after being retained by a client, we immediately investigate the potential asbestos exposures and identify the companies that may be liable for making, selling, installing, or disturbing asbestos products. We then file one complaint against all of these companies. That filing triggers the following process:
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Discovery
After the complaint is filed and all of the defendants have answered, the parties proceed to conduct discovery, which is the process whereby facts relevant to the lawsuit are identified. Each side can send the other written questions (called interrogatories), requests for documents, and requests for admission of certain facts. This type of discovery is usually done early in the case and then the parties use deposition to clarify and expand of on the information exchanged.
In mesothelioma cases handled by our San Francisco asbestos lawyers in California or any other state, we always take our clients' depositions. Although the defendants may also ask questions, we prefer to go first because it allows the mesothelioma victim to explain his or her asbestos exposures and the impact of the mesothelioma diagnosis. One form of discovery that impacts every client is the deposition. This is obviously an important event and is the most substantial commitment for our clients before trial.
We also have the opportunity to depose the defendants. For many, we already know their corporate story and defense. However, for the newer defendants, depositions are important to determine the company's full involvement with asbestos and what steps, if any, the company took to diminish the risks associated with asbestos.
While all of this is going on, we have attorneys, paralegals, and investigators diligently researching all potential exposures and defendants. This process usually continues up to the day of settlement or trial
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Settlements
Full and fair value for our clients is the primary goal of our San Francisco asbestos lawyers. In California and most other states, this is normally done through settlement, which is how the vast majority of cases resolve. Because many defendants are bankrupt, we can submit claims to the trusts formed by the bankruptcies and usually received funds within a matter of weeks. We also have case processing agreements with some non-bankrupt defendants, which also allows our firm to complete early settlements in a case and get money to the clients.
Usually the target defendants do not settle until the eve of trial or even after we are already in the courtroom, beginning trial. However, this is also the time when we have the most leverage, as no company wants to try asbestos cases and risk high verdicts and bad publicity. Following a settlement we prepare documents by which the plaintiffs release all of their claims against the settlement defendant.
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Trial
Although only about five percent of our cases go to verdict, we often start trials before the remaining defendants agree to settle. In our experience, the key to maximizing case value is to convince the defendants that you are willing, ready, and able to try the case, if necessary. Our lawyers have over 50 years of combined asbestos case trial experience and have recovered about $100 million dollars in verdicts in settlements. This track record, combined with the use of some the country's best medical and causation experts, has earned us respect from the defendants and their lawyers.
Normally our clients testify live at trial, but we always videotape their depositions in case that is not possible. Either way, throughout the trial we keep in close contact with the clients and offer strategic advice about settling or taking a verdict. Unlike some firms, we do not ask for additional compensation for trying a case. We consider it part of our service in achieving the very best result for our clients.
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Appeals
The party that loses at trial has the right to appeal the verdict to a higher court. We have had the good fortune of never having lost a plaintiff's asbestos case and, in the cases we have won on behalf of our clients, the losing defendants have always decided to settle rather than appeal. However, when an appeal is required our lawyers have experience from other litigation in writing the necessary briefs and presenting oral argument.
To get your case settled as quickly as possible, contact our California mesothelioma lawyers today.
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To contact the San Francisco asbestos lawyers with the experience to expedite your case, fill out the form below.
Levin Simes Kaiser & Gornick LLP
44 Montgomery Street
36th floor
San Francisco, CA 94104
Phone: 800-901-4001
Fax: 415-981-1270
Click here for directions
