Mesothelioma Lawsuit Timeline
The mesothelioma time limit varies from state to state. The clock starts ticking at the time of a patient’s diagnosis (for personal injury claims) or death (for claims for wrongful death).
A mesothelioma lawyer who is skilled and knowledgeable knows the limitations of state law and how to speed up the process to get compensation as soon as is possible. Compensation is available to victims and their families when they need it the most.
The Discovery Phase
After filing a mesothelioma suit attorneys from both sides will begin the discovery phase. This is a crucial part of the legal process and can take anywhere from 3 to 4 month. During this time, lawyers will examine the evidence submitted to build your mesothelioma claim and collect additional information regarding asbestos exposure in the past. Your lawyer will also question you and any other witnesses who are involved in your mesothelioma case. This could include both depositions in person and in writing. Our mesothelioma attorneys are seasoned in this area of litigation and will prepare you for these depositions.
A mesothelioma attorney will use the information gathered in the discovery phase to identify the asbestos companies responsible for your illness or injuries. Asbestos defendants don’t want to pay compensation for the harm they caused through their negligence, so they will likely try to stall the process as long as possible. This is why it is important to retain mesothelioma attorneys who have skilled and aggressive legal representation.
Asbestos victims are typically awarded substantial financial compensation via settlements. Settlements are usually completed prior to the trial, which saves both parties time and stress.
Based on the laws of your state and statutes of limitations, you have one to five years from the date of diagnosis or the discovery of your mesothelioma to file a suit for financial compensation. If a loved one of yours has passed away from mesothelioma in the last three years and their spouses or heirs are able to submit an application for compensation.
A mesothelioma suit is filed to win the verdict of a judge or to reach a settlement prior to trial. The American legal system is generally supportive of the victims of asbestos manufacturers this is why the majority of mesothelioma cases end with a settlement rather than going to trial.
Certain mesothelioma settlements are made as soon as trial begins, while others are only made available after lawyers have a clear understanding of the strength of each party’s case. The median verdict in a mesothelioma lawsuit is around $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit generally take months to a year to resolve. A majority of mesothelioma cases settle out of court. This is beneficial for patients because they are able to receive compensation faster than if they went through an extended trial and a lengthy verdict process. Settlements don’t require victims to file appeals which could take years and delay the payment.
The first step in mesothelioma cases is to gather evidence and information. A lawyer will review the history of a patient’s employment to determine asbestos-related exposures and the companies responsible for their condition. Then the list of defendants is made. Depending on a person’s mesothelioma type and which corporations were involved, there may be several defendants listed in one claim.
Asbestos defendants aren’t eager to pay out large settlements and may employ different strategies to avoid paying victims. They may attempt to hide evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and strategies and how to stop them.
A mesothelioma attorney can also assist victims in reducing their legal timeframe. If someone is terminally sick, they may submit a motion to have priority in court to speed up the litigation process.
The statute of limitations is yet another aspect that influences the mesothelioma timeline. States have laws that restrict how long an individual has to make an action. The victims and their families must act swiftly to stop the statute of limitations from running out.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining multidistrict litigation. MDLs group similar asbestos lawsuits to ensure faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a quicker rate than if you had filed separately.
If the mesothelioma lawsuit procedure is successful, a verdict can be reached within days after the trial phase. However, if the trial is complex and results in a wrong verdict, it can take several months or up to a year for the victims to receive compensation.
Many asbestos victims and their families receive compensation without having to step foot in a courtroom. It is possible for victims and their attorneys to settle a matter prior to trial. Settlements can take place after the initial offer has been made and the defendant has been given a certain amount of time to respond or even after the trial.
In the majority of instances the settlement negotiation process involves an exchange of offers either via written correspondence or by phone. This process could take weeks or months, or even years. During this phase a mesothelioma lawyer who is skilled can help their client receive the most lucrative amount of compensation they can get for their claim.
If the victim and their lawyer cannot reach an agreement during these talks, then they can proceed to mediation. This is when a third party person helps both sides come to an appropriate amount of compensation. It can take some time however, it is generally quicker than waiting for a verdict of the jury.
Asbestos producers hid the dangers of their products for years. In the end, many workers, military veterans and family members of those exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. These people may be entitled to reimbursement for medical expenses, funeral costs and lost wages.
Although every case is unique, the majority of mesothelioma cases end in an agreement. Asbestos companies prefer to settle rather than be at risk of a poor verdict in court. Moreover, they know that it will take a long time to prepare an argument for trial.
Asbestos-related lawsuits can be filed in the correct state and jurisdiction to accelerate the process. Certain states, for instance, have statutes which guarantee a trial within one year. A mesothelioma lawyer who is nationally recognized can assist patients in filing a claim in the jurisdiction which will grant them the most compensation in the shortest time. In addition, some states have special laws that allow the statute of limitation to begin at the victim’s diagnosis date or the date they died, instead of their exposure dates. This is a great way to ensure the statute of limitations does not expire before the victims receive compensation for mesothelioma.
The mesothelioma trial will conclude with a final settlement or verdict. The verdict could provide compensation to the victims or their loved ones. The verdict could also determine whether a defendant is liable for a death or injury caused by asbestos.
The time needed to reach a final decision can differ from case case. The amount of money awarded, the strength of the evidence, and number of parties all influence the time it takes to settle mesothelioma cases.
Asbestos victims should seek out an experienced lawyer as soon as they can to safeguard their rights throughout the entire mesothelioma lawsuit procedure. Attorneys will help victims and their families understand the complicated legal procedures and deadlines. A lawyer can also ensure that the statute of limitations doesn’t expire before a victim is able to receive compensation.
Once they have determined the type of mesothelioma claim is filed, victims or their lawyers will start gathering all the required documentation. This includes mesothelioma diagnose documents and proof of exposure.
Depending on the situation, there could be a variety of asbestos companies or trust funds that will compensate the victim for the asbestos-related injuries they sustained. The lawyer will research the history of exposure to asbestos and determine which corporations are responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
settlement for mesothelioma are atypical. They usually involve large corporations with teams of highly skilled defense lawyers who pay substantial retainer fees to try to derail a victim’s claim. Experienced mesothelioma lawyers know how to stop these efforts and keep the case moving forward.
The victim isn’t able to receive compensation if a mesothelioma claim is not filed in time. The statute of limitations varies between states and the statute of limitations for personal injury and claims for wrongful deaths is different. If a victim, or their family member has any concerns regarding the statute of limitation and should contact a mesothelioma legal firm as soon as possible to discuss their options. A mesothelioma lawyer can review the case to determine where to file it to maximize the chance of a successful outcome.
Mesothelioma Lawsuit Timeline