Mesothelioma Lawsuit Timeline
The time limit for mesothelioma differs between states. The clock begins to tick from the date the patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who is skilled and knowledgeable knows the statutes of limitations in each state and can speed up the process of obtaining compensation as soon as is possible. Compensation is available to the families of victims when they require it most.
The Discovery Phase
After you have filed your mesothelioma suit, attorneys for both sides will begin the discovery phase. This is a crucial part of the legal procedure and can last from 3-4 months. During this time, lawyers will analyze the evidence submitted to build your mesothelioma case and gather additional information regarding asbestos exposure in your past. Your lawyer will also question witnesses, including you, involved in your mesothelioma claim. This could include written or in-person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will use the information gathered during the discovery phase to identify the asbestos-related companies responsible for your illness or injuries. Asbestos defendants may attempt to delay the process in order to avoid paying compensation for the damages caused by their negligence. It is therefore important to hire a mesothelioma lawyer with experience and aggressive representation.
Settlements are usually used to pay compensation to asbestos victims financially. A lot of these settlements are made 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 laws or statutes of limitations, starting from the day you were diagnosed with mesothelioma. If a loved one has passed away from mesothelioma in the last three years their spouses or heirs may submit an application for compensation.
The purpose of a mesothelioma suit is to reach a pre-trial settlement or win the case in court. The American legal system is generally supportive of asbestos manufacturers' victims, which is why most mesothelioma lawsuits result in an agreement rather than going to trial.
Certain mesothelioma settlements are offered as soon as litigation begins and others are only offered once attorneys have a strong understanding of the strength of each party's case. The median mesothelioma verdict is around $2 million, but the majority of claims settle for much less than that.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between a year and months to resolve. Many mesothelioma cases are settled out of court. This is advantageous for the victims as it allows them to receive compensation much faster than in the event of an extensive trial and verdict process. Settlements also do not require victims to file any appeals, which could drag on for a long time and delay the payment of compensation.
The first phase of mesothelioma cases involves gathering evidence and details. A lawyer will review the history of employment of the victim to determine asbestos exposure as well as companies responsible for their illness. Then, a list of defendants is compiled. Multiple defendants may be listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants don't want to pay out large settlements and may employ different strategies to avoid paying victims. They may try to conceal evidence or deny medical records related to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and thwart them.
A mesothelioma lawyer may assist a victim in reducing their legal timeline. A person who is terminally ill can file a priority motion in the court to speed up the process of litigation.
The statute of limitation is another factor which affects the timeline for mesothelioma. This is because states have laws that limit the length of time a person can make a claim for injury. The injured party and their family members must act fast to prevent the time limit from expiring.
Mesothelioma lawyers can also speed up the legal process by submitting a request to join a mesothelioma multipledistrict litigation (MDL). MDLs group similar asbestos lawsuits to ensure faster processing. The Williams Law Firm has extensive experience in handling MDLs and is able to handle your case at a much faster pace than if you filed a separate lawsuit.
If the mesothelioma lawsuit process goes smoothly, a verdict is reached within a few days after the trial phase. However, if the trial is lengthy and leads to a wrongful verdict, it could take up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without ever having to step foot in the courtroom. This is due to the fact that victims and their lawyers are able to settle a matter prior to a 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 most instances the process of negotiating settlements involves an exchange of offers either by written correspondence or via phone. It can take months, weeks or even years. In this stage, a mesothelioma attorney can help their client receive the highest amount of compensation for their claim.
If a mesothelioma sufferer and their attorney cannot come to a settlement during the negotiation process, they could go to mediation which is a third party person who helps both sides agree on a fair compensation amount. 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 veterans, workers and relatives of asbestos-exposed people have been diagnosed with mesothelioma, a deadly cancer. These people may be entitled to reimbursement for funeral expenses, medical costs, and lost wages.
The majority of mesothelioma cases are settled, even though every case is different. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also realize that making a case ready for trial can take a long time.
Asbestos victims and their lawyers can also speed up the process by filing a lawsuit in the right state and in the right jurisdiction. Certain states, like have laws which guarantee a trial within one year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the jurisdiction which will grant them the highest amount of compensation within the shortest period of time. You Tube have laws that allow for the statute of limitations to begin at the victim's diagnosis date or death date, not their exposure dates. This is an excellent way to make sure that the statute of limitations does not run out before victims receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma lawsuit. The verdict can provide compensation to the victims or their families. It may also determine whether or not a defendant is responsible for an asbestos-related injury, or death.
The amount of time required to reach the final verdict is different from case to case. The amount that is awarded as well as the strength of the evidence and the number of parties involved all affect the time it takes to settle a mesothelioma lawsuit.
Asbestos patients should consult experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers will assist victims and their families understand the complexities of legal procedures and deadlines. An attorney can ensure that a victim's claim is not denied compensation due to the time limit has expired.
Once they have determined the mesothelioma case type is filed, victims or their lawyers will start gathering all the required documentation. This includes mesothelioma diagnose records and proof of exposure.
Based on the specific circumstances, there may 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 companies are liable. They will also look into the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
Lawsuits involving asbestos are unique. They are typically filed by large corporations who hire teams of defense attorneys to try and derail the victim's claim. Mesothelioma lawyers who are experienced are able to stop these efforts and keep the lawsuit moving.
The victim isn't eligible for compensation if a mesothelioma lawsuit is not filed in time. The statute of limitation differs from one state to the next and, for personal injury claims and the wrongful death of a person, it differs. If the victim, or family member has any questions regarding the statute of limitation and should consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it in order to maximize the chance of a successful outcome.