| othelioma patient is not compulsorily required to | | | | plaintiff will give closing arguments first. This speech |
| attend the trial of his/her mesothelioma lawsuit | | | | will sum up the facts, discredit the defendant, and |
| because most times by the time the lawsuit | | | | ask the jury to empathize and rule in your favor. The |
| commences the patient will be too weak to attend, | | | | defense will then present a closing argument as well, |
| but if the patient decides to attend then he/she | | | | in which they will attempt to refute your claims. |
| must be prepared to go through the different stages | | | | 4 - If the trial involves a jury, all 12 members of the |
| pf a trial. Each trial is different but there is usually an | | | | jury will retire to a conference room to deliberate |
| order of events in all civil cases and they will all pass | | | | after closing statements. Deliberation by the jury can |
| through the following stages: | | | | take just an hour or two, or it can take several days. |
| 1 - First, the judge (and possible a jury) will hear | | | | In high profile cases, the jury may be sequestered |
| opening statements. Your lawyer will start by outlining | | | | and sent to a hotel instead of home. However, in |
| your case. In response, the defendant's lawyers will | | | | most civil cases, the jury is not sequestered. When |
| outline how they hope to disprove your case. | | | | the jury reaches a verdict, all are called back to court |
| Opening statements are not evidence, but a brief | | | | and the foreman of the jury (elected by the other |
| outline of what each position hopes to prove during | | | | jurors) announces the decision. |
| trial. | | | | Sometimes upon the completion of this initial trial the |
| 2 - After opening statements, both parties will submit | | | | defendants can appeal the verdict if it does not |
| evidence for the judge and possible jury to review. | | | | favor them, the period of time for this appeal varies |
| This will include factual findings and testimony. | | | | sometimes it lasts up to a month and some other |
| Evidence such as old receipts, air quality tests, and | | | | times it takes longer. If the defendant wins the |
| medical records may come into play. Personal friends, | | | | appeal, you may also be able to also challenge this |
| family members, coworkers, doctors, and related | | | | decision if factual errors are found or procedures |
| experts may also be called to testify. If you are | | | | were not carried out correctly. This depends on the |
| going to testify, upon being sworn in, your lawyer | | | | court and on the details of the appeal case. |
| and the defendant's lawyer will proceed to question | | | | Keep in mind that at any point during the trial, you |
| you about the case. Before this portion of the case, | | | | and the defendant can decide to reach a settlement |
| your lawyer will have reviewed with you not only the | | | | out of court if the defendant is willing to pay a |
| questions he or she will ask, but also the questions | | | | reasonable amount of money. Usually if the |
| the defendant's lawyer is likely to ask of you. It is | | | | defendant's lawyer sees that you have a very |
| very important to assert your side of the case while | | | | strong case at some stage of the trial they will |
| answering all questions honestly. Witnesses will go | | | | approach you for a possible out of court settlement. |
| through the same testimony process as well. Physical | | | | Once this is agreed upon the complaint by the |
| evidence, such as medical records or work history, | | | | plaintiff is withdrawn and the trial is stopped. |
| will be submitted as evidence to the court. | | | | Mesothelioma victims should seek to know as much |
| 3 - Presentation of the evidence is followed by | | | | as they can about mesothelioma trials and lawsuits so |
| closing arguments. This element of trial is extremely | | | | that they do not get easily discouraged along the |
| important, especially in the case of a jury trial. The | | | | way. |