Understanding the Legal Process

It’s important to understand that the legal process is, by its very nature, an adversarial one.  This reality should never prevent or dissuade a mesothelioma victim from seeking the compensation they and their families deserve.  Rest assured that the O’Brien Law Firm will be with you throughout every step of this process, fighting for you while making the experience as convenient and problem free as possible.

Every asbestos case we file follows the general steps outlined below:

1. Case Investigation.  Prior to filing suit, our attorneys thoroughly and painstakingly investigate the facts surrounding the asbestos victim’s exposure history and medical history.  No stone is left unturned.
2. Suit Filed.  Suit is filed against the companies responsible for the asbestos injury in question.  A trial date is sought and solidified soon thereafter.
3. Trial Preparation.  Witnesses are interviewed and testify by deposition.  Treating physicians are consulted and medical experts are retained for trial.  Proof of corporate liability is obtained.
4. Pre-Trial Settlement Negotiations.  Prior to trial, we are likely to reach settlements with several defendants.  You are constantly kept advised and informed throughout this process prior to settlement.
5. Trial.  Your case is tried to a jury against any non-settling, culpable asbestos company defendants.
6. Bankruptcy Trust Applications.  Claims are filed with any applicable bankruptcy settlement trusts, ensuring that complete compensation is obtained.

Asbestos litigation is complex and ever-changing. Law firms without a specific concentration on asbestos injury cases often lack the time and resources to successfully represent clients. The O’Brien Law Firm is uniquely qualified to handle this legal process.

Some of the issues associated with asbestos exposure cases include:

• Finding who is responsible – There can be more than 80 potentially responsible defendants in any given asbestos exposure case. In addition, different defendants may be liable for the same product over different time periods, depending on production dates and other factors.

• Identifying the source of the disease – The number of asbestos-containing products, asbestos types and possible manufacturers is immense. Companies may have changed names, been sold or moved overseas.

• Navigating bankruptcy trusts – Companies that once made asbestos-containing materials may have filed for bankruptcy, meaning asbestos exposure claims are filed against a settlement trust rather than the company itself.

• Knowing the latest developments in asbestos law – Courts across the nation frequently rule in asbestos exposure cases. These decisions can potentially affect litigation at the local level.

The lawyers at the O’Brien Law Firm have been fighting for the asbestos victims of St. Louis, the whole of Missouri and Illinois, and the greater Midwest for decades.  Please contact us for help or with any questions you may have.