Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different between states. The clock begins to tick from the time that 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 limitations of state law and how to speed up the process to get the compensation as fast as is possible. A faster resolution means that compensation is available when the families and victims are in need of it most.
The Discovery Phase
After filing a mesothelioma suit attorneys on both sides will commence the discovery phase. This is an essential phase of the legal process and typically takes between 3 and 4 months. During this period, lawyers examine the evidence provided to construct your mesothelioma lawsuit and gather additional information about asbestos exposure in your past. Your lawyer will also question you and any other witnesses who are involved in your mesothelioma case. This may include written and in-person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interview sessions.
A knowledgeable mesothelioma lawyer will use the information that is gathered during the discovery process to determine which asbestos companies are accountable for your injuries and illnesses. Asbestos defendants attempt to delay the process so that they can avoid paying compensation for damage caused due to their negligence. It is therefore important to find a mesothelioma lawyer with experience and aggressive representation.
Asbestos victims typically receive substantial financial compensation through settlements. A large portion of these settlements are made even before trial commences, which saves both parties a lot of time and anxiety.
Depending on your state laws and statutes of limitations, you have one to five years from the date of diagnosis or the discovery of mesothelioma, to file a suit for financial compensation. If a loved one of yours has died of mesothelioma spouses and heirs are entitled to up to three years to make a claim for wrongful death for compensation on their behalf.
A mesothelioma lawsuit is filed to secure an appeal or a settlement prior to trial. The American legal system is generally supportive of the victims of asbestos manufacturers this is why the majority of mesothelioma lawsuits end in a settlement rather than going to trial.
Certain settlement offers for mesothelioma settlements are made as soon as the litigation starts, while others are not announced until attorneys have a clear understanding of the strengths and weaknesses of each side's claim. The median mesothelioma verdict is about $2 million, but most claims settle for far less than that.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between six months and a full year to settle. Many mesothelioma cases are settled out of court. It is beneficial for the victims to receive compensation sooner than the case if they had to endure a lengthy trial and verdict. Settlements do not require victims make appeals, which can take years and delay payment.
The first step in a mesothelioma case involves gathering evidence and data. A lawyer will look over a victim's work history to pinpoint asbestos-related exposure and the companies that are responsible for their illness. Defendant lists are then created. Based on the mesothelioma type as well as the companies that were involved, there may be several defendants listed in one claim.
Asbestos defendants don't want to settle large sums and may resort to a variety of tactics to avoid paying victims. They might try to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these tactics and deter them.
A mesothelioma lawyer can help a victim shorten their legal process. Someone who is terminally sick can file a priority motion in court to speed up the process of litigation.
The statute of limitation is another aspect that influences the timeframe for mesothelioma. States have laws that restrict the time that a person must file a claim. The time-limit for filing claims is dwindling, so victims and their families have to act fast.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict litigation. MDLs are used to organize asbestos lawsuits to speed up the process. The Williams Law Firm has extensive experience with MDLs and can handle your case at a faster rate than if you file an individual lawsuit.
If the mesothelioma lawsuit procedure is successful, a verdict can be reached within days of the trial phase. If the trial is complex and results in an incorrect verdict, it could take up to a year, or up to one year for victims to get compensation.
clearwater mesothelioma law firm and their families are awarded compensation without ever having to step foot in the courtroom. This is because the victims and their lawyers can settle a case before the start of a trial. Settlements can occur after the initial offer was made and the defendant has had a certain amount of time to respond or even after the trial.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers during the settlement negotiation process, whether in writing or via phone. The process can last for weeks or months, or even years. In this stage, a skilled mesothelioma lawyer can assist their client in obtaining the highest possible compensation for their claim.
If the lawyer and the victim are unable to reach an agreement during the negotiations the two parties can then move to mediation. This is where an outside party helps both sides to come up with an appropriate amount of compensation. It can take a while however, it is usually quicker than waiting for a decision from a jury.
For a long time, asbestos producers concealed the dangers of their products. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with a fatal mesothelioma disease. They are eligible for compensation to cover medical bills, funeral expenses and lost wages.
While each case is unique, most mesothelioma lawsuits end with the form of a settlement. Asbestos companies prefer to settle rather than risk a negative verdict at trial. Furthermore, they are aware that it takes time to prepare the case for trial.
Asbestos-related lawsuits may be filed in the correct state and jurisdiction to speed up the process. Certain states, for instance have laws that ensure a trial within a year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the jurisdiction which will grant them the most compensation in the shortest period of time. In addition, some states have laws that allow the statute of limitation to begin at the victim's diagnosis date, or when they died, rather than their exposure dates. This is a great method to ensure that the statute of limitations does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict may award compensation to the victims or their families. The verdict may also decide if a defendant was liable for an injury or death caused by asbestos.
The time needed to reach a decision will differ from case to the case. The amount awarded as well as the strength of the evidence and the number of parties involved all influence the time it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out an experienced lawyer as soon as they can to safeguard their rights throughout the mesothelioma litigation process. Attorneys will help victims and their families to understand the complexities of legal procedures and deadlines. A lawyer can ensure that a victim's claim is not denied compensation because the time limit has expired.
Once they have determined the type of mesothelioma claim is filed, the victim or their lawyers will begin collecting all the necessary documentation. This includes mesothelioma diagnose records and evidence of exposure.
Based on the circumstances, there may be various asbestos trusts or companies that are liable and will pay compensation to victims for asbestos-related injuries. The lawyer will look into the victim's exposure history and determine which corporations are liable. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with.
The asbestos lawsuits are atypical. They typically involve large companies with teams of skilled defense lawyers who pay substantial retainer fees to try and stop a victim's claim. Expert mesothelioma lawyers are able to stop these tactics and ensure that the case is moving forward.
The victim will not be entitled to compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations varies between states and the time limit for personal injury and claims for wrongful death is different. If a victim, or a family member has any doubts regarding the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine when to file it to maximize their chance of a successful outcome.