Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different between states. The clock starts to tick at the time that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A knowledgeable mesothelioma lawyer is aware of state statutes of limitations and can speed up the process to get compensation as quickly as possible. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is a crucial part of the legal process, and usually takes anywhere from 3 to 4 months. During this period, lawyers analyze the evidence provided to construct your mesothelioma claim and collect additional information about asbestos exposure in the past. Your lawyer will also question you and any other witnesses involved in your mesothelioma claim. This may include written and in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer who is skilled will utilize the information gathered during the discovery phase to determine which asbestos-related companies are accountable for your illness and injuries. Asbestos defendants may try to delay the process in order to avoid paying compensation for damage caused by their negligence. This is why it is essential to hire mesothelioma attorneys who have an experienced and affluent legal representation.
Asbestos victims are typically awarded substantial financial compensation through settlements. Many of these payouts are made before the trial takes place which can save both parties a significant amount of time and stress.
Based on the laws of your state and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the time of diagnosis or discovery of your mesothelioma to file a lawsuit seeking financial compensation. If your loved one has died from mesothelioma, spouses and heirs are entitled to up to three years in which to make a claim for wrongful death to claim compensation on their behalf.
The purpose of a mesothelioma suit is to reach an agreement before trial or the case in the court. The American legal system is generally supportive of asbestos victims, which is why most mesothelioma lawsuits result in a settlement rather than going to trial.
Some mesothelioma settlement offers are made as soon as the litigation begins and others are only made available after lawyers have a clear understanding of the strength of each side's case. The median verdict in a mesothelioma case is around $2 million. However, the majority of claims are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit generally take anywhere from a few months to a full year to resolve. A majority of mesothelioma cases settle out of court. It is beneficial for victims to receive compensation quicker than if they had to endure a lengthy trial and verdict. Settlements do not also require victims to file appeals, which can linger on for years and delay the payment of compensation.
The initial stage of a mesothelioma suit is gathering evidence and information. A lawyer will go over the victim's employment history to determine the extent of asbestos exposure and companies responsible for their illness. Then a list of defendants is created. There may be multiple defendants listed based on the kind of mesothelioma and the corporations involved.
Asbestos defendants aren't eager to make large settlements and may employ various strategies to avoid paying victims. They may try to conceal evidence or deny medical records relating to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and deter them.
A mesothelioma attorney can also help a victim shorten their legal process. 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 factor that affects mesothelioma's timeline. This is because each state has laws that limit the length of time that a person has to make a claim for compensation. The injured party and their family members must act fast to prevent the statute of limitations from expiring.
Mesothelioma lawyers may also speed up the legal process by submitting an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs join similar asbestos lawsuits together for quicker processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case much faster than if you file separate lawsuits.
If the mesothelioma litigation process is smooth, a decision can be reached within days after the trial phase. However, if You Tube is complex and results in a wrong verdict, it can take several months or up to an entire year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to go into the courtroom. It is possible for the victims and their attorneys to settle a matter before a trial. Settlements can occur after the initial offer was made and the defendant has had a certain number of days to reply or even after the trial.
In most cases the process of negotiating settlements involves a back and forth exchange of offers either via written correspondence or by phone. The process can last for weeks or months, or even years. During this stage an attorney for mesothelioma can help their client get the most compensation they can for their claim.
If a mesothelioma sufferer and their attorney cannot come to a settlement during the negotiations, they can move to mediation, which is a third-party person who assists both parties to agree on a fair compensation amount. It can take some time however, it is generally faster than waiting for the verdict of a jury.
Asbestos producers hid the dangers of their products for decades. In the end, many military veterans, workers and family members of those exposed to asbestos have been diagnosed with the deadly mesothelioma disease. These victims may be entitled to reimbursement for medical expenses, funeral costs and lost wages.
While each case is unique, most mesothelioma lawsuits end with a settlement. Asbestos companies prefer to settle rather than risk losing a trial verdict. They also realize that preparing a case for a trial will take time.
Asbestos victims and their attorneys can also accelerate the process by filing lawsuits in the proper state and jurisdiction. For instance, certain states have statutes of limitations that allow for a trial to be held within one year. A nationally recognized mesothelioma law firm can help a victim file in the jurisdiction that can give them the highest amount of compensation within the shortest time. Certain states have laws that permit the statute of limitation to start on a victim's diagnosis date or their death date, not their exposure dates. This is an excellent way to ensure that the statute of limitations does not expire before patients receive mesothelioma compensation.
Final Verdict
The mesothelioma lawsuit will end with a final settlement or verdict. The verdict may award compensation to the victims or their loved ones. It may also determine whether or not a defendant is liable for a related asbestos-related injury or death.
The time needed to reach a decision will differ from case to situation. The amount awarded as well as the strength of the evidence and the number of parties involved all influence how long it takes to resolve a mesothelioma case.
Asbestos victims should seek out an experienced lawyer as soon as they can to protect their rights throughout the mesothelioma lawsuit procedure. Lawyers will assist victims and their families to understand the complexities of legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation because the statute of limitations has run out.
After determining the mesothelioma case type is filed, the victim or their attorneys will begin collecting all the necessary documents. This includes mesothelioma-related diagnoses and proof of exposure.
Based on the specific circumstances, there could be various asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will look into the history of exposure and determine which companies are responsible. They will also look into which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are unique. They usually involve large corporations with teams of skilled defense lawyers who pay substantial retainer fees in order to hinder a claim of a victim. Expert mesothelioma lawyers are able to stop these tactics and keep the case moving forward.
If a mesothelioma claim is not filed within the timeframe the victim will be disqualified from receiving compensation. The time limit for filing a lawsuit differs from state to the next and also for personal injury claims and the wrongful death of a person, it differs. If a victim or a family member has questions about the statute of limitations and the time limit, they should contact a mesothelioma lawyer firm right away to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine when to file it to maximize the chances of a favorable outcome.