Mesothelioma Lawsuit Timeline
The mesothelioma time limit is different from state to state. The clock begins ticking off at the time of diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who's experienced will understand the state statute of limitations and how best to expedite compensation to ensure that victims receive their compensation as soon as possible. Compensation is available to victims and their families when they need it the most.
The Discovery Phase
After you file your mesothelioma lawsuit, attorneys for both sides will go through the discovery phase. This is an essential part of the legal process, and usually lasts from 3-4 months. During this period, lawyers will review all evidence that has been submitted to build your mesothelioma claim and collect more details about asbestos exposure you have been exposed to in the past. Your lawyer will also question you and any other witnesses involved in your mesothelioma claim. This could involve both written and in person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will utilize the information gathered during the discovery phase to determine the asbestos-related companies responsible for your injury or illness. Asbestos defendants don't want to compensate for the harm caused by their negligence, and will likely attempt to delay the process as long as possible. This is why it is essential to hire a mesothelioma law firm with experienced and aggressive legal representation.
Asbestos victims are typically awarded substantial financial compensation via settlements. Settlements are usually done prior to trial, which saves both parties time and stress.
Depending on the laws of your state and statutes of limitation You have a period of one to five years from the date of diagnosis or discovery of mesothelioma, to file a lawsuit seeking financial compensation. If a loved-one has passed away from mesothelioma during the last three years and their spouses or heirs can make a claim for compensation.
A mesothelioma lawsuit is filed to secure the verdict of a judge or to reach a settlement prior to trial. The American legal system tends to be tolerant of the victims of asbestos producers which is why the majority of mesothelioma cases result in settlements rather than going to court.
Some mesothelioma settlement offers are made as soon as trial begins, while others are only offered once attorneys have a strong understanding of the strength of each side's case. The median mesothelioma verdict is about $2 million, however the majority of claims settle for much less than that.
The Trial Phase
Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a full year to resolve. However, many mesothelioma claims are settled out of the court. It is beneficial for victims to receive compensation quicker than those who had to endure a lengthy trial and verdict. Settlements don't require victims to to file appeals that can take years and delay payment.
The first phase of a mesothelioma lawsuit involves gathering evidence and obtaining information. A lawyer will review a victim's work history to identify asbestos-related exposure and the companies that are responsible for their disease. Then a list of defendants is compiled. There may be multiple defendants listed based on the kind of mesothelioma and the corporations involved.
Asbestos defendants are not eager to make large settlements, and they may try various strategies to avoid paying victims. They may attempt to hide evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and strategies and how to stop them.
A mesothelioma lawyer can also help victims shorten their legal process. A person who is terminally sick can file a priority motion in the court to speed up the process of litigation.
The statute of limitation is another aspect that influences the timeframe for mesothelioma. States have laws that limit how long the person has to make a claim. The statute of limitations is expiring, which means the victims and their families need to act fast.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict litigation. MDLs join similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case faster than if you file separate lawsuits.
If the mesothelioma lawsuit procedure is smooth, a decision is reached within a few days after the trial phase. If the trial is complicated and results in an unjust decision, it could take several months, or even up to a year for victims to receive compensation.
richardson mesothelioma attorneys and their families receive compensation without ever needing to go into the courtroom. It is possible for asbestos victims and their attorneys to settle a matter prior to a trial. Settlements can happen after the initial offer has been made and the defendant is given a certain number of days to respond or, in some cases, after a trial has begun.
In the majority of instances the process of negotiating settlements involves an exchange of offers either by written correspondence or by phone. It can take weeks, months or even years. In this stage, a knowledgeable mesothelioma lawyer can help their client get the maximum amount of amount of compensation for their claim.
If the lawyer and the victim are unable to reach an agreement during these negotiations, then they can proceed to mediation. This is where a third party person helps both sides come up with an acceptable amount of compensation. It may take a while, but is usually much quicker than waiting for a verdict of a jury.
Asbestos producers hid the dangers of their products for years. Many workers, veterans, and family members of asbestos-exposed persons have been diagnosed with mesothelioma. This is the most deadly form of cancer. These victims are eligible for compensation to cover medical bills, funeral expenses and lost wages.
While each case is unique, the majority of mesothelioma lawsuits end with the form of a settlement. Asbestos companies prefer to settle rather than risk a negative verdict at trial. Moreover, they know that it takes time to prepare a case for trial.
Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and within the appropriate jurisdiction. For instance, certain states have statutes of limitations which guarantee a trial within one year. A nationally recognized mesothelioma law firm can help a victim file in the state that will provide them with the highest compensation within the shortest time. Additionally, certain states have laws that allow the statute of limitations to begin at the victim's diagnosis date, or when they passed away, not the date of their exposure. This is an excellent method to ensure that the statute of limitation does not run out before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a verdict or settlement. The verdict may be awarded compensation to victims or their loved ones. The verdict can also decide if a defendant was liable for the death or injury caused by asbestos.
The amount of time required to reach the final verdict varies from case to case. The amount of money awarded, the strength of the evidence and the number of parties involved all influence how long it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist families and victims to learn about the complex legal processes and deadlines. Lawyers can also ensure that the statute of limitations doesn't expire before the victim receives compensation.
After determining which mesothelioma case type is filed, the victim or their lawyers will begin collecting all the necessary documentation. This includes mesothelioma diagnoses and proof of exposure.
Based on the specific circumstances, there could be several asbestos companies or trusts which are liable and pay compensation to victims for asbestos-related injuries. The lawyer will investigate the history of the victim's asbestos exposure to determine which corporations are liable. They will also look into which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
Lawsuits involving asbestos are unique. The lawsuits are usually brought by large companies who employ teams of defense lawyers to try and derail the claim of the victim. Mesothelioma lawyers who are experienced know how to defy these attempts and keep the lawsuit going.
If a mesothelioma suit is not filed by the deadline the victim will be denied from receiving compensation. The statute of limitation varies from one state to another and also for personal injury claims and the wrongful death of a person, it differs. If a victim, or their family member has any concerns regarding the statute of limitation and the time limit, they should contact a mesothelioma legal firm right away to discuss their options. A skilled mesothelioma attorney will review the case and determine where to file it to maximize the chance of a successful outcome.