Facing a mesothelioma diagnosis is overwhelming enough without the added stress of legal uncertainty. If you or a loved one has decided to pursue compensation through a mesothelioma lawsuit, you may be wondering what actually happens if your case goes to trial. While many mesothelioma claims settle before reaching the courtroom, some do proceed to trial—especially when defendants dispute liability or damages.
Understanding the mesothelioma trial process can help ease anxiety and prepare you for what lies ahead. Below is a step-by-step overview of what to expect during a mesothelioma trial and how an experienced mesothelioma lawyer can guide you through each phase.
Before the Trial Begins: Case Preparation
Long before a mesothelioma trial starts, both sides spend months gathering evidence during a phase called discovery. This includes:
- Medical records confirming a mesothelioma diagnosis
- Employment and military records showing asbestos exposure
- Depositions from the victim, family members, coworkers, and medical experts
- Internal documents from asbestos manufacturers
Because mesothelioma is an aggressive disease, courts often grant expedited trial schedules. In many cases, the plaintiff’s testimony is recorded early to preserve it, even if the trial occurs later.
Our attorney at Robins Cloud LLP will handle these legal and procedural matters while keeping you informed and prepared.
Jury Selection (Voir Dire)
If your case goes before a jury, the trial begins with jury selection, also known as voir dire. During this process:
- Potential jurors are questioned by both sides
- Attorneys look for bias, conflicts of interest, or preconceived views about asbestos lawsuits
- A final jury is selected to hear the case
The goal is to assemble a fair and impartial jury capable of weighing complex medical and scientific evidence.
Opening Statements
Once the jury is seated, each side delivers an opening statement. These statements outline what each party intends to prove during the trial.
- Plaintiff’s opening statement: Explains how asbestos exposure occurred, how it caused mesothelioma, and why the defendant is legally responsible.
- Defense opening statement: Often challenges the source of exposure, the severity of damages, or the link between asbestos and the illness.
Opening statements are not evidence, but they help set the stage for what the jury will hear.
Presentation of Evidence and Witness Testimony
This is the longest and most important phase of a mesothelioma trial.
Plaintiff’s Case
The plaintiff presents evidence first, which may include:
- Testimony from the mesothelioma victim or family members
- Medical experts explaining diagnosis, prognosis, and causation
- Occupational experts detailing asbestos exposure history
- Corporate documents showing what companies knew about asbestos risks
Defense’s Case
After the plaintiff rests, the defense presents its case, which may involve:
- Challenging the cause of exposure
- Arguing alternative sources of asbestos
- Questioning the extent of damages
Both sides are allowed to cross-examine witnesses, which can be intense but is a normal part of trial proceedings.
Closing Arguments
After all evidence has been presented, each side gives closing arguments. This is the opportunity to summarize the case, highlight key evidence, and explain why the jury should rule in their favor.
In mesothelioma cases, closing arguments often emphasize:
- The devastating impact of the disease
- The defendant’s knowledge of asbestos dangers
- The financial and emotional toll on victims and families
Jury Deliberation and Verdict
Once closing arguments conclude, the jury deliberates in private. Deliberations may last hours or several days, depending on the complexity of the case.
The jury will decide:
- Whether the defendant is liable
- The amount of compensation awarded, including medical expenses, lost income, pain and suffering, and possibly punitive damages
If the case is tried before a judge instead of a jury, the judge will issue a verdict.
After the Trial: Appeals or Compensation
If the jury finds in favor of the plaintiff, the defendant may choose to appeal, which can delay payment. However, many cases resolve through post-trial settlements while appeals are pending.
Your attorney will continue advocating for you after trial to help secure the compensation you deserve as efficiently as possible.
How a Mesothelioma Lawyer Can Help
A mesothelioma trial involves complex medical evidence, corporate liability issues, and strict procedural rules. Having an experienced mesothelioma lawyer ensures that your case is presented clearly, persuasively, and with your best interests in mind.
At Robins Cloud LLP, we understand how stressful this process can be for patients and families. Our team handles every legal detail so you can focus on your health and your loved ones.
Contact our firm today for a free consultation. We can explain your legal options, answer your questions, and fight for the compensation you deserve.
