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How does a case progress?

A Lipsitz & Ponterio, LLC attorney will meet with you to discuss your case. He or she will talk with you about your case and take a medical and occupational history. Lipsitz & Ponterio, LLC will only take your case if we believe that there is a reasonable likelihood that your case will have a successful outcome. 

We will have you sign documents that allow us to represent you and to obtain records on your behalf. We will then research your case and file an individual legal claim on your behalf against the manufacturers, distributors, sellers and/or installers of asbestos. We do not file class action lawsuits; instead, we handle each case individually. You cannot sue your employer over asbestos, but you can pursue a worker's compensation case (click here for more information about this).

Once the suit has been filed, we must wait for the defendants to respond, which usually takes one month. The next phase in the case is discovery, at which time evidence is organized to prove that the defendants are responsible for your condition. You will testify at a deposition and answer questions about your health, background, and employment.

Some defendants may settle the case without a trial and it will be up to you whether or not to accept any offers. We will advise you throughout this process. If a defendant should refuse to pay you and your family a reasonable compensation, your case will go to trial. You will need to testify in court and we will bring in experts and other witnesses to help prove your case.

Our experienced trial attorneys will handle your case from start to finish. The case will usually be resolved within one year. Throughout the process our main concern is you, your health, and your family. We will do everything we can to accommodate you and make sure you are comfortable, including arranging depositions at your own home if necessary.

Often by the time a person is diagnosed with mesothelioma, he or she is extremely ill or has passed away before a lawsuit can be brought. If the victim is unable to testify, we work with family members to put together the facts needed to prove the case. We also use our well developed resources and experience in this area to help assemble the information needed to prove a claim. If a victim has passed away, a case can still be filed through the victim's estate and on behalf of his or her family.