Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from state to state. The clock begins to tick from the date of diagnosis (for personal injury claims) or death (for claims for wrongful death).
A mesothelioma lawyer that is experienced will understand the statute of limitations in the state and how to speed up compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to victims and their families when they require it most.
The Discovery Phase
After you have filed your mesothelioma suit attorneys from both sides will go through the discovery phase. This is a crucial aspect of the legal process and can take anywhere from 3 to 4 months. During this period, lawyers examine the evidence provided to construct your mesothelioma claim and collect additional information regarding asbestos exposure in the past. Your attorney will interview you, as well as witnesses involved in the mesothelioma case. This could include written and in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to identify the asbestos-related companies responsible for your injuries or illness. Asbestos defendants don't want to compensate you for the harm they caused through their negligence, and are likely to try to delay the process as much as possible. It is therefore important to find a mesothelioma lawyer with experience and aggressive representation.
Asbestos victims are typically awarded substantial financial compensation through settlements. A lot of these settlements are made even before the trial is scheduled to take place, which saves both parties a significant amount of time and stress.
You have between one and five years, based on the state law or statutes of limitation from the time you were diagnosed with mesothelioma. If your loved one has died of mesothelioma spouses and heirs have up to three years to make a claim for wrongful death to claim compensation on their behalf.
A mesothelioma case is filed to win the verdict of a judge or to reach an agreement 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 the form of a settlement instead of going to trial.
Some mesothelioma settlement offers are offered as soon as litigation begins and others are only available once lawyers are aware of the strength of each side's case. The median mesothelioma verdict is approximately $2 million, but the majority of cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take months to a year to settle. However, a lot of mesothelioma lawsuits end up in court. This is beneficial for victims because they are able to receive compensation much faster than if they went through an extensive trial and verdict process. Settlements do not require victims make appeals, which can take years to resolve and could delay payment.
The initial stage of a mesothelioma suit is gathering evidence and obtaining information. A lawyer will look over a victim's work history to identify asbestos-related exposure and the companies responsible for their disease. Mobile mesothelioma lawyers are then created. There may be multiple defendants listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants don't want to settle large sums and may resort to a variety of tactics to avoid paying victims. They might try to hide evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in identifying these tactics and ways to stop them.
A mesothelioma lawyer can assist victims in reducing their legal process. If a person is terminally sick, they may file a motion for priority in the courtroom to speed up the litigation process.
The statute of limitation is another factor that affects the timeline for mesothelioma. States have laws that limit the time that the person must make an action. Victims and their loved ones must act quickly to prevent the statute of limitations from expiring.
Mesothelioma lawyers can also speed up the legal process by submitting an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to group asbestos lawsuits to speed up the process. 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 may be reached within days of the trial phase. However, if the trial is complicated and results in a wrong verdict, it could take up to an entire year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without ever having to step foot in a courtroom. This is because the victims and their lawyers can settle a case before the trial. Settlements can occur after the initial offer has been made and the defendant is given a number of days to make a response or after the trial has begun.
In most instances the settlement negotiation process involves a back and forth exchange of offers either by written correspondence or via phone. The process can last for weeks or months, or even years. During this time a mesothelioma lawyer who is skilled can help their client receive the maximum amount of compensation for their claim.
If a mesothelioma patient and their attorney are unable to reach a settlement during the negotiations, they can proceed to mediation which is a third party person who assists both parties to agree on a fair compensation amount. It can take a bit of time, but is usually much quicker than waiting for a verdict of juries.
For a long time, asbestos producers concealed the dangers of their products. In the end, many military veterans, workers and relatives of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma disease. The victims can claim compensation to cover funeral costs, medical bills and lost wages.
Each case is unique, most mesothelioma claims end in a settlement. Asbestos firms would rather settle than risk losing a trial verdict. They also know that making a case ready for trial can take a long time.
Asbestos-related lawsuits can be filed in the appropriate state and jurisdiction to accelerate the process. For instance, certain states have statutes of limitation that allow for a trial to be held within one year. A nationally recognized mesothelioma law firm can assist victims in filing in the jurisdiction that will give them the highest amount of compensation in the shortest time. In addition, some states have special laws that allow the statute of limitations to begin on a victim's diagnosis date or the date they died, rather than the date of their exposure. This is a great way to ensure the statute of limitations does not expire before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict could provide compensation to the victims or their loved ones. The verdict may also decide whether a defendant is liable for a death or injury caused by asbestos.
The time needed to reach a decision can vary from case to situation. The amount awarded as well as the strength of the evidence and the number of parties involved all impact the time it takes to resolve a mesothelioma case.
Asbestos patients should consult experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma litigation process. Lawyers can assist families and victims to get a better understanding of the complex legal procedures and deadlines. A lawyer can also ensure that the statute of limitations doesn't expire before a victim receives compensation.
After determining the nature of mesothelioma lawsuit, victims or their lawyers will start collecting all necessary documentation to support the claim. This includes mesothelioma diagnosis and evidence of exposure.
In the event of a situation, there could be a variety of asbestos companies or trust funds that will compensate the victim for their asbestos-related harms. The lawyer will investigate the victim's exposure history and determine which corporations are liable. They will also investigate which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit against.
Lawsuits involving asbestos are unique. The lawsuits are usually filed by large corporations who employ defense teams to attempt to stop the victim's claim. Experienced mesothelioma attorneys are able to stop these efforts and keep the lawsuit moving forward.
The victim will not be entitled to compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations varies from state to state and the time limit for personal injury and wrongful death claims is different. If a victim, or their family member have any questions about the statute of limitations, they should contact a mesothelioma legal firm as soon as possible to discuss their options. A mesothelioma lawyer will review the case to determine where to file it in order to maximize the chance of a successful result.