Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation is different from state to state. The clock starts ticking from the date of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful death).
A skilled mesothelioma attorney understands state statutes of limitations and can speed up the process to get 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 from both sides will go through the discovery phase. This is a crucial part of the legal procedure and can last from 3-4 months. During this time, lawyers will review the evidence provided to construct your mesothelioma lawsuit and gather additional information regarding asbestos exposure in your past. Your attorney will also interview you and any other witnesses who are involved in your mesothelioma case. This could include both written and in person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interview sessions.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to determine the asbestos companies responsible for your illness or injuries. Asbestos defendants are not eager to compensate for the harm caused by their negligence, so they will likely attempt to delay the process as long as they can. It is therefore crucial to hire a mesothelioma lawyer with experience and aggressive representation.
Asbestos victims typically receive significant financial compensation in settlements. Settlements are usually made before the trial, which saves both parties time and stress.
You are entitled to between one to five years, based on the laws of your state or statutes of limitations, starting from the day you were diagnosed with mesothelioma. If your loved one has passed away from mesothelioma spouses and heirs are entitled to three years to submit a wrongful death claim for compensation on their behalf.
The goal of a mesothelioma case is to reach an agreement before trial or the case in court. The American legal system is known to be tolerant of the asbestos producers' victims, which is why the majority of mesothelioma cases end with settlements instead of going to court.
Certain mesothelioma settlements are made as soon as the litigation begins and others are only offered once attorneys are aware of the strength of each party's case. The median mesothelioma verdict is around $2 million, however the majority of claims settle for far less than that.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between a year and months to resolve. However, a lot of mesothelioma lawsuits are settled out of court. This is beneficial for victims as it allows them to receive compensation much quicker than if they went through an extensive trial and verdict process. Settlements also do not oblige victims to file appeals, which can linger on for a long time and delay the payment of compensation.
The initial stage of a mesothelioma lawsuit is gathering evidence and information. A lawyer will look over the victim's employment history to determine asbestos exposure as well as companies responsible for their illness. The defendant lists are then compiled. Based on a person's mesothelioma diagnosis and the type of company that were involved, there could be multiple defendants listed in one claim.
Asbestos defendants might not be keen to settle large sums of money and they might try a variety strategies to avoid paying victims. They might try to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these strategies and stop them.
A mesothelioma lawyer can assist victims in reducing their legal timeframe. A person who is terminally ill can file a priority motion in court to speed up the litigation process.
The statute of limitations is another aspect that affects the timeline for mesothelioma. States have laws that restrict the time the person must file an action. The statute of limitations is running out, so victims and their families must take action quickly.
Mesothelioma lawyers can also speed up the legal process by making a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs group similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a much quicker rate than if you had filed an individual lawsuit.
If the mesothelioma lawsuit procedure is successful, a verdict may be reached within days after the trial phase. If the trial is lengthy and results in an incorrect verdict, it may take up to a year, or up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families receive compensation without the need for an in-courtroom. This is because the victims and their lawyers are able to settle a matter prior to the trial. Settlements can occur after the initial offer has been made and the defendant is given a set number of days to make a response or after the trial has begun.
In the majority of instances, the settlement negotiation process involves an exchange of offers, either through written correspondence or via phone. The process can last for weeks or months, and even years. In this stage, a skilled mesothelioma lawyer can assist their client in obtaining the highest possible amount of compensation for their claim.
If the lawyer and the victim cannot 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 some time however, it is usually quicker than waiting for a decision from a jury.
Asbestos manufacturers concealed the dangers of their products for a long time. Many veterans, workers and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. It is the most deadly form of cancer. The victims could be eligible for compensation for medical expenses, funeral costs and lost wages.
Most mesothelioma cases are settled, even though every case is different. Asbestos companies prefer to settle than be at risk of a poor verdict in court. They also know that preparing a case for a trial will take some time.
Asbestos victims and their lawyers can also speed up the process by filing an action in the correct state and jurisdiction. For instance, some states have statutes of limitations that guarantee a trial within one year. A well-known mesothelioma law firm can assist victims in filing in the jurisdiction that can award them the most compensation in the shortest amount of time. Additionally, certain states have laws that permit the statute of limitations to begin on a victim's diagnosis date or the date they passed away, not the date of their exposure. This is a great way to ensure the statute of limitation does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma lawsuit. The verdict could be awarded compensation to the victims or their families. It may also determine whether or not a defendant is accountable for a related asbestos-related injury or death.
The time it takes to reach a final verdict will vary from case to. The amount that is awarded as well as the strength of the evidence and the number of parties involved all affect how long it takes to settle a mesothelioma matter.
Asbestos patients should consult experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist families and victims to get a better understanding of the complex legal procedures and deadlines. Lawyers can also ensure that the statute of limitations doesn't expire before a victim receives compensation.
After determining the type of mesothelioma claim is filed, the victim or their lawyers will begin collecting all the necessary documents. This includes mesothelioma diagnosis and evidence of exposure.
Depending on the situation, there could be a variety of asbestos companies or trust funds that compensate the victim for the asbestos-related injuries they sustained. hammond mesothelioma attorneys will investigate the victim's history of asbestos exposure to determine which companies may be liable. They will also investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Lawsuits involving asbestos are unique. They are typically filed by large corporations who employ defense teams to attempt to stop the claim of the victim. Mesothelioma lawyers who are experienced know how to stop these tactics and keep the case moving forward.
If a mesothelioma suit is not filed within the timeframe, the victim will be disqualified from receiving compensation. The time limit for filing a lawsuit varies from state to state and the time limit for personal injury and claims for wrongful death is different. If a victim, or their family member has any concerns about the statute of limitations, they should contact a mesothelioma legal firm immediately to discuss their options. A mesothelioma lawyer with experience will examine the case and determine where to file it in order to maximize the chance of a successful outcome.