Mesothelioma Lawsuit Timeline
The mesothelioma time limit differs from state to state. The clock starts ticking from the time a patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).
A mesothelioma lawyer who is knowledgeable will know the statute of limitations in the state and the best way to speed up compensation to ensure that victims receive compensation as quickly as they can. A faster resolution means compensation comes when families and patients require it the most.
The Discovery Phase
After filing a mesothelioma suit attorneys on both sides will commence the discovery phase. This is a crucial aspect of the legal procedure and can last from 3-4 month. During this time, lawyers will analyze the evidence submitted to build your mesothelioma claim and collect additional information regarding asbestos exposure in the past. Your attorney will also speak with you and any other witnesses who are involved in your mesothelioma case. This may include depositions in person and in writing. Our mesothelioma lawyers are experienced in this aspect of the litigation and will help you prepare for these interviews.
A knowledgeable mesothelioma lawyer will use the information collected during the discovery phase to determine which asbestos-related companies are accountable for your illness and injuries. Asbestos defendants will attempt to delay the process to avoid paying compensation for damage caused by their negligence. It is therefore important to hire a mesothelioma lawyer with experience and an aggressive approach.
Asbestos victims are typically awarded substantial financial compensation through settlements. Settlements are typically done prior to trial, saving both parties time and stress.
You have between one and five years, depending on the laws of your state or statutes of limitation from the time you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma, spouses and heirs are entitled to three years to file a wrongful death claim for compensation on their behalf.
The purpose of a mesothelioma suit is to negotiate an early settlement or the case in court. The American legal system tends to be supportive of the asbestos victims and that is the reason why the majority of mesothelioma cases end in settlements, rather than going to court.
Some mesothelioma settlement offers are made as soon as litigation begins. Others are only available once lawyers have a clear understanding of the strength of each case. The mesothelioma average trial verdict is about $2 million, however the majority of claims settle for far less than that.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take between six months and a year to resolve. Many mesothelioma cases are settled out of court. It is advantageous for victims to receive compensation quicker than if they had to go through the lengthy verdict and trial process. Settlements do not require victims file appeals which could take years and delay the payment.
The first phase of a mesothelioma case involves gathering evidence and details. A lawyer will look over the work history of a victim to pinpoint asbestos-related exposure and the companies that are responsible for their illness. Then the list of defendants is made. Based on a person's mesothelioma type and which corporations were involved, there could be several defendants listed in a single claim.
Asbestos defendants aren't eager to pay out large settlements, and they may try various strategies to avoid paying victims. They may try to conceal evidence or deny medical records related to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and thwart them.
A mesothelioma lawyer can assist a victim in reducing their legal timeline. If a person is diagnosed as terminally sick, they may make a motion for priority in the courtroom to speed up the legal process.
The statute of limitations is another aspect that affects the timeline for mesothelioma. This is because states have laws that limit the length of time that a person has to make a claim for compensation. The victims and their families must act quickly to prevent the time limit from running out.
Mesothelioma lawyers can also expedite the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to organize asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case much faster than if you file separate lawsuits.
If the mesothelioma lawsuit process is successful, a verdict is reached within a few days of the trial phase. If the trial is complicated and results in an unjust verdict, it may take up to a year, or up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without needing to enter the courtroom. It is possible for the victims and their lawyers to settle a matter prior to trial. Settlements can occur after the initial offer has been made and the defendant is given a number of days to respond or, in some cases, after a trial has started.
In most cases the process of negotiating settlements involves an exchange of offers either by written correspondence or by phone. This process can take several weeks or months, or even years. In this stage, a knowledgeable mesothelioma lawyer can assist their client in obtaining the highest possible amount of compensation they can get for their claim.
If a mesothelioma sufferer and their lawyer are unable to come to a settlement during these negotiations, they may proceed to mediation which is a third party person who assists both parties to agree on a fair compensation amount. It can take some time however, it is generally quicker than waiting for the verdict of the jury.
For decades, asbestos manufacturers concealed the dangers of their products. In the end, many workers, military veterans and family members of those exposed to asbestos have been diagnosed with a fatal disease, mesothelioma. 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 know that it will take time to prepare an argument for trial.
Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. Certain states, like, have statutes that ensure a trial within a year. A nationally recognized mesothelioma law firm can assist a victim in filing in the jurisdiction that can give them the highest amount of compensation in the shortest amount of time. In addition, some states have laws that allow the statute of limitation to start on a victim's diagnosis date or when they passed away, not the date of their exposure. This is an excellent way to ensure the statute of limitations will not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a final settlement or verdict. The verdict may be awarded compensation to the victims or their families. It could also determine whether the defendant is liable for an asbestos-related injury, or death.
The time needed to reach a final decision can vary from case to case. The amount of money awarded, the quality of the evidence and the number of parties have an impact on the time it takes to decide on mesothelioma cases.
Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Attorneys can help families and victims to understand the complicated legal procedures and deadlines. Lawyers can also ensure that the time limit does not expire before a victim receives compensation.
Once they have determined the type of mesothelioma lawsuit, victims or their lawyers will start collecting all the documentation required for the claim. This includes mesothelioma diagnosis documents and proof of exposure.
Based on the specific circumstances, there may be several asbestos companies or trusts that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will examine the victim's history of asbestos exposure to determine which corporations could be 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 typically involve large companies with teams of experienced defense lawyers who pay substantial retainer fees to try to hinder a claim of a victim. Experienced mesothelioma lawyers know how to stop these tactics and ensure that the case is moving forward.
The victim isn't able to receive compensation if a mesothelioma lawsuit is not filed on time. The statute of limitations varies from one state to another and, for personal injury claims as well as wrongful deaths it is different. If a victim or a family member has questions about the statute of limitations and the time limit, they should contact a mesothelioma legal firm as soon as possible to discuss their options. accidentinjurylawyers will review the case to determine where to file it to maximize the odds of a positive result.