Mesothelioma Lawsuit Timeline
The time limit for mesothelioma is different from one state to another. The clock begins to tick from the time a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who is skilled and knowledgeable knows the limitations of state law and can speed up the process to receive compensation as soon as is possible. Compensation is available to families of victims and the affected when they need it the most.
The Discovery Phase
After filing your mesothelioma lawsuit, attorneys for both sides will begin the discovery phase. This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 month. During this time, 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 attorney will also interview you and any other witnesses involved in your mesothelioma claim. This could include 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 use the information gathered in the discovery phase to identify the asbestos companies that are accountable for your injury or illness. Asbestos defendants are not eager to compensate you for the damage caused by their negligence, and are likely to try to delay the process as long as they can. It is therefore important to find a mesothelioma lawyer with experience and an aggressive approach.
Settlements are typically used to compensate asbestos victims financially. A large portion of these settlements are paid out before the trial takes place which saves both parties a great deal of 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 of yours has died from mesothelioma, spouses and heirs have up to three years to make a claim for wrongful death for compensation on their behalf.
The purpose of a mesothelioma lawsuit is to reach an agreement before trial or a verdict in the court. The American legal system tends to be sympathetic to asbestos producers' victims which is why the majority of mesothelioma lawsuits end in settlements, rather than going to court.
Some settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not offered until lawyers have a good understanding of the strength and weaknesses of each claim. The median verdict in a mesothelioma case is about $2 million. However, most claims are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between six months and a full year to settle. A majority of mesothelioma cases settle without a court hearing. This is advantageous to the patients because they are able to receive compensation faster than would be the case when they had to go through an extended trial and a lengthy verdict process. Settlements also do not require victims to file any appeals, which can linger on for a long time and delay the payment of compensation.
The first phase of mesothelioma cases is to gather evidence and information. A lawyer will review the victim's employment history to determine the extent of asbestos exposure and companies responsible for their illness. Then a list of defendants is made. Multiple defendants can be listed based on the type of mesothelioma as well as the companies involved.
Asbestos defendants don't want to make large settlements and may employ different strategies to avoid paying victims. They may attempt to hide evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced in recognizing these tactics and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal process. If a person is diagnosed as terminally sick, they may file a motion for priority in the courtroom to speed up the legal process.
The statute of limitations is another factor that affects the timeline for mesothelioma. States have laws that limit the time an individual has to make an action. The statute of limitations is expiring, which means the victims and their families need to be quick to act.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining multidistrict litigation. MDLs are used to organize asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience in handling MDLs and is able to handle your case at a faster pace than if you file separately.
If the mesothelioma lawsuit procedure is successful, a verdict is reached within a few days after the trial phase. If the trial is lengthy and results in a wrong decision, it may take several months or up to a year for victims to be awarded 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 case prior to a trial. Settlements can occur after the initial offer is made and the defendant is given a certain number of days to respond, or even after the trial has begun.
Mesothelioma lawsuits usually involve a back-andforth exchange of offers in the settlement negotiation process, via written correspondence or over the phone. This can take weeks, months or even years. During this phase, a knowledgeable mesothelioma lawyer can help their client get the most lucrative compensation for their claim.
If a mesothelioma victim and their lawyer are unable to reach a settlement in the negotiations, they can proceed to mediation which is a third-party person who assists both parties agree on a fair compensation amount. YouTube may take some time, but it is often much shorter than waiting for a verdict from the jury.
For a long time, asbestos producers kept a secret about the dangers that came with their products. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with the deadly mesothelioma disease. These victims may be eligible for reimbursement for funeral expenses, medical costs, and lost wages.
Although every case is different, the majority of mesothelioma claims end in the form of a settlement. Asbestos companies would rather settle than risk a negative verdict at trial. They also know that it will take time to prepare an argument for trial.
Asbestos victims and their attorneys can also speed up the process by filing a lawsuit in the right state and jurisdiction. For example, some states have statutes of limitations that allow for a trial to be held within one year. A nationally recognized mesothelioma lawyer can assist victims in filing their case in the state that will allow them to receive the highest amount of compensation within the shortest time. Additionally, certain states have special laws that allow the statute of limitations to begin at the victim's diagnosis date, or when they passed away, not their exposure dates. This is an excellent way to ensure the statute of limitations does not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict could be awarded compensation to the victims or their families. The verdict can also decide if a defendant was liable for a death or injury caused by asbestos.
The time needed to reach a final verdict will differ from case to situation. The amount of money awarded, the quality of the evidence and the number of parties affect the time it takes to settle a case of mesothelioma.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma litigation process. Attorneys will help victims and their families understand the complexities of legal procedures and deadlines. A lawyer can ensure that a victim's claim is not denied compensation because the statute of limitations has expired.
After determining the type of mesothelioma lawsuit, victims or their lawyers will begin gathering all the necessary documents to support the claim. This includes mesothelioma-related diagnosis documents and proof of exposure.
Based on the circumstances, there may be many asbestos trusts or companies that are liable and will compensate the victim for their asbestos-related injuries. The lawyer will investigate the victim's history of asbestos exposure to determine which corporations could be responsible. They will also look into which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit against.
Lawsuits involving asbestos are unique. The lawsuits are usually brought by large corporations that employ teams of defense lawyers to try and derail the victim's claim. Expert mesothelioma lawyers are able to stop these tactics and keep the lawsuit moving.
If a mesothelioma suit is not filed in time, the victim will be disqualified from receiving compensation. The statute of limitations varies from state to state, and the time limit for personal injury and claims for wrongful death is different. If someone who is a victim, or a family member has any concerns regarding the statute of limitations, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer will look over the case to determine where to file it to maximize the odds of a positive outcome.