Typical Steps in a Stone Fabrication Case  

  • Free Consultation -New Client Intake  
  • Paralegal Contact 
  • Confirming the Diagnosis & Work History Interview 
  • Filing the Lawsuit 
  • Discovery Phase 
  • Settlement Negotiations 
  • Trial 
  • Resolution & Support 

 

1. Free Consultation – New Client Intake

  • We begin with a free consultation to determine if the potential client may have a qualifying claim.  
  • During this call, we collect important background details, medical diagnosis, and information regarding work history in the stone countertop fabrication trade. 
  • We explain the legal process clearly so you know what to expect and answer any questions you may have about the litigation process. 
  • Our partners then review the information and decide if we can assist you. 

2. Paralegal Contact--Within 5 days of partner approval our paralegal team will contact you to move the case forward:  

  • Paralegal will guide you through signing the necessary paperwork such as records authorizations, fee contract.  
  • Our team will book you for a High-Resolution CT scan if needed and/or obtain medical records from your treating doctor to confirm diagnosis and severity. 
  • We’ll request copies of any employment or work-related documents you already have to help expedite your case. 

3. Confirming the Diagnosis & Work History Interview

  • Once we have a definitive diagnosis either from your treating medical records or from the HRCT scan, we begin building the foundation of your case. 
  • Our work history team conducts a detailed interview to understand every aspect of your career, the companies you worked for, the materials you handled, the suppliers of those materials, coworkers and the conditions you were exposed to. 
  • This allows us to directly connect your illness to specific stone slab products and suppliers. 

4. Filing the Lawsuit 

  • After confirming both your medical diagnosis and work history, we file your case in court. 
  • The defendants then have 30 days to answer after service with the complaint. 

5. Discovery Phase—Once defendants have answered, the discovery phase begins and evidence is exchanged between the plaintiffs and defendants, and testimony is given: 

  • You (the plaintiff), defendants, doctors, and witnesses may all give deposition testimony.  The most important deposition is your deposition.  
  • Both sides provide relevant documents, such as safety manuals, product records, or medical evidence. 
  • Medical and occupational health experts will issue reports and testify at deposition explain how silica dust exposure causes silicosis. 

6. Settlement Negotiations 

  • Some defendants will settle after your deposition.  Others will wait until after they lose a motion to dismiss.  Some defendants will wait until the start of trial.  Some defendants may insist on going to trial.  We fight all of them to secure fair compensation for your medical bills, lost wages, and emotional distress. 

7. Trial (if necessary)

  • Jury Selection and Opening Statements. 
  • Testimony & Evidence presented by us, then by the defendants. 
  • Closing & Verdict: The jury will issue a verdict. 
  • Some defendants may appeal, and we will handle that as well. 

8. Resolution & Support

  • During the whole process you will be assigned a team to work on your case—Case atty, trial atty, case paralegal, trail paralegal, investigator. 
  • At all times, we also provide assistance with medical insurance, finding treating doctors, estate planning, settlement investment, and immigration status.  
  • Our entire team is here to help you throughout the process.  We expect that one of us is always available via phone or email to help you.  If you cannot reach your case paralegal, case attorney, or case investigator, you can always contact one of our senior associates or me directly. 
  • For more information about the stone fabrication silicosis epidemic and litigation, check out our website at www.braytonlaw.com and watch our podcast entitled From Dust to Verdict.