Mesothelioma Lawsuit Timeline
The time limit for mesothelioma is different between states. The clock starts to tick at the time a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A mesothelioma lawyer who is skilled and knowledgeable knows the statutes of limitations in each state and can speed up the process to receive compensation as quickly as possible. Compensation is available to the families of victims when they need it most.
The Discovery Phase
After filing a mesothelioma suit attorneys from both sides will begin the discovery phase. This is an essential part of the legal process and typically lasts from 3-4 months. During this period, lawyers examine the evidence submitted to build your mesothelioma case and gather additional information regarding asbestos exposure in your past. Your attorney will interview you, as well as witnesses in the mesothelioma trial. 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 attorney will use the information gathered during the discovery phase to identify the asbestos companies responsible for your illness or injuries. Asbestos defendants don't want to compensate you for the harm they caused through their negligence, therefore they are likely to try to delay the process as much as they can. This is why it's crucial to choose mesothelioma lawyers who provide experienced and aggressive legal representation.
Asbestos-related victims are usually awarded substantial financial compensation through settlements. A lot of these settlements are made even before the trial is scheduled to take place which can save both parties a significant amount of time and anxiety.
You have between one to five years, based on the state laws or statutes of limitation 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 are able to make an action for compensation.
A mesothelioma suit is filed in order to secure the verdict of a judge or to reach a settlement prior to trial. The American legal system is known to be tolerant of the asbestos victims and that is the reason why the majority of mesothelioma lawsuits end with settlements instead of going to court.
Certain settlement offers for mesothelioma are made immediately after the litigation starts, while others are not announced until attorneys have a clear understanding of the strength and weaknesses of each party's claim. The median verdict in mesothelioma cases is around $2 million. However, the majority of cases are settled for less.
The Trial Phase
Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a year to settle. A majority of mesothelioma cases settle out of court. It is advantageous for victims to receive compensation sooner than those who had to go through a lengthy trial and verdict. Settlements do not also require victims to file any appeals, which could drag on for a long time and delay the payment of compensation.
The first phase of a mesothelioma lawsuit is gathering evidence and obtaining information. A lawyer will review the history of a patient's employment to determine asbestos-related exposures and the companies responsible for their disease. Then, a list of defendants is compiled. Depending on a person's mesothelioma type as well as the companies that were involved, there may be several defendants in a single claim.
Asbestos defendants are not eager to pay out large settlements and may resort to different strategies to avoid paying victims. They may attempt to hide 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 also assist patients in reducing their legal timeline. Someone who is terminally sick can file a prior motion in court to speed up the process of litigation.
The statute of limitation is another factor that can affect the timeframe for mesothelioma. This is because states have laws that limit the amount of time that a person has to make a claim for compensation. The injured party and their family members must act quickly to prevent the statute of limitations from running out.
Mesothelioma lawyers can also expedite the legal process by submitting a request to join a mesothelioma multipledistrict litigation (MDL). MDLs are used to group asbestos lawsuits to facilitate faster processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case faster than if you had filed separate lawsuits.
If the mesothelioma litigation process goes smoothly, a verdict may be reached within days of the trial phase. If the trial is complex and leads to an incorrect decision, it could take several months, or up to one year, for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families are compensated without the need to go through the courtroom. It is possible for asbestos victims and their attorneys to settle a matter prior to a trial. Settlements can be made after the initial offer is made and the defendant is given a number of days to make a response, or even after the trial has begun.
In the majority of cases the process of negotiating settlements involves an exchange of offers either by written correspondence or over the phone. This process can take several weeks or months, and even years. At this point an attorney for mesothelioma can help their client receive the maximum compensation possible for their claim.
If the lawyer and the victim are unable to come to an agreement during these negotiations the two parties can then move to mediation. This is when a third party person helps both sides come up with an acceptable amount of compensation. It may take some time, but it is often quicker than waiting for a verdict from juries.
For a long time, asbestos producers concealed the dangers of their products. As a result, many military veterans, workers and family members of those exposed to asbestos have been diagnosed with the deadly mesothelioma disease. The victims can claim compensation to pay for medical bills, funeral expenses and lost wages.
Although every case is unique, the majority of mesothelioma lawsuits end with a settlement. westminster mesothelioma lawsuit would rather settle rather than risk losing a verdict in court. They also realize that making a case ready for trial will take time.
Asbestos victims and their lawyers can also accelerate the process by filing an action in the correct state and in the right jurisdiction. For instance, some states have statutes of limitation which guarantee a trial within one year. A internationally recognized mesothelioma lawyer 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 limitation to begin on a victim's diagnosis date or when they died, rather than their exposure dates. This is an excellent way to ensure that the statute of limitations will not expire before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict could provide compensation to victims or their families. The verdict can also decide whether a defendant was responsible for the death or injury caused by asbestos.
The amount of time it takes to reach the final verdict will vary from case to. The amount awarded, quality of the evidence and number of parties all influence how long it takes to resolve a case of mesothelioma.
Asbestos sufferers should hire an experienced lawyer as soon as they can to safeguard their rights throughout the entire mesothelioma lawsuit process. Lawyers can assist families and victims get a better understanding of the complex legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation because the statute of limitations has run out.
After determining the nature of mesothelioma lawsuit, the victims or their lawyers will start gathering all the necessary documents to support the claim. This includes mesothelioma diagnosis and proof of exposure.
Based on the specific circumstances, there may be various asbestos trusts or companies that are liable and will compensate the victim for their asbestos-related injuries. The lawyer will look into the history of exposure to asbestos and determine which corporations are responsible. They will also determine which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit against.
Lawsuits involving asbestos are unique. They are typically brought by large companies who hire teams of defense attorneys to try to thwart the claim of the victim. Expert mesothelioma lawyers are able to stop these efforts and keep the case moving forward.
The victim isn't entitled to compensation if a mesothelioma lawsuit is not filed in time. The time limit for filing a lawsuit differs from state to another and also for personal injury claims and the wrongful death of a person, it differs. If a victim, or a family member has any doubts regarding the statute of limitations or the time limit for filing a claim, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer with experience will review the case and determine where to file it to maximize their chance of a successful outcome.