Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations differs from state to state. The clock begins to tick from the date the patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who's experienced will understand the statute of limitations in the state and how best to expedite compensation to ensure that victims receive their compensation as soon as possible. A quicker resolution means that compensation is available when the families and patients require it the most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will go through the discovery phase. This is an important part of the legal procedure and can last for 3 to 4 months. During this time lawyers will go through all evidence that has been provided to help build your mesothelioma claim and gather additional information about asbestos exposure you have been exposed to in the past. Your lawyer will conduct an interview with you as well as any witnesses involved in the mesothelioma case. This may include written and in person depositions. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will help you prepare for these interviews.
A mesothelioma lawyer will use the information gathered in the discovery phase to identify the asbestos companies that are responsible for your injury or illness. Asbestos defendants are not eager to pay compensation for the harm caused by their negligence, and will likely try to stall the process as long as possible. This is why it's essential to hire a mesothelioma law firm with experienced and aggressive legal representation.
Asbestos victims are typically awarded substantial financial compensation via settlements. Many of these payouts are paid out before the trial takes place, which saves both parties a significant amount of time and stress.
Depending on your state laws and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the time of diagnosis or discovery of mesothelioma, to file a suit for financial compensation. If a loved one of yours has passed away from mesothelioma spouses and heirs are entitled to up to three years in which to submit a wrongful death claim for compensation on their behalf.
A mesothelioma suit is filed to secure an appeal or a settlement before trial. The American legal system tends to be supportive of the asbestos victims which is why the majority of mesothelioma lawsuits end in settlements, rather than going to court.
Certain mesothelioma settlements are made as soon as the litigation begins and others are only available once lawyers have a strong understanding of the strength of each case. The median mesothelioma verdict is about $2 million, but the majority of claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit usually take months to a year to settle. However, many mesothelioma cases are settled out of court. It is beneficial for victims to receive compensation quicker than if they had to go through the long trial and verdict process. Settlements also do not require victims to file appeals, which can linger on for years and cause delays to compensation payments.
The first phase of a mesothelioma case involves gathering evidence and information. A lawyer will look over the history of a patient's employment to identify asbestos-related exposure and the companies responsible for their disease. Defendant lists are created. Multiple defendants may be listed based on the type of mesothelioma and the corporations involved.
Asbestos defendants don't want to settle large sums, and they may try various strategies to avoid paying victims. For example, they might attempt to defy medical records or hide evidence relating to asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these tactics and deter them.
A mesothelioma lawyer can assist a victim in reducing 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 limitations is another factor which affects the timeline for mesothelioma. States have laws that restrict the time the person has to make a claim. The victims and their families must act swiftly to stop the time limit from expiring.
Lawyers who specialize in mesothelioma may also accelerate the legal process by joining a multidistrict lawsuit. MDLs bring similar asbestos lawsuits together for quicker processing. The Williams Law Firm has extensive experience in handling MDLs and is able to handle your case at a much faster rate than if you file separately.
If the mesothelioma lawsuit procedure goes smoothly, a verdict is reached within a few days of the trial phase. If the trial is lengthy and leads to an incorrect decision, it could take several months, or even up to one year, for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without needing to go into the courtroom. This is because the victims and their attorneys can settle a case prior to the trial. Settlements can take place after the initial offer has been made and the defendant has had a specific amount of time to respond or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers in the settlement negotiation process whether in writing or via phone. st charles mesothelioma attorney can last for weeks or months, and even years. During this phase, a knowledgeable mesothelioma lawyer can help their client get the highest possible amount of compensation for their claim.
If the lawyer and the victim cannot reach an agreement during these negotiations the two parties can then move to mediation. This is where a third party can help both sides to come up with an appropriate amount of compensation. It can take a while, but it is often quicker than waiting for a verdict from juries.
For decades, asbestos producers kept a secret about the dangers that came with their products. This is why many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a fatal disease, mesothelioma. The victims can claim compensation to cover medical bills, funeral expenses and lost wages.
While each case is different, the majority of mesothelioma cases end in an agreement. Asbestos companies would rather settle than risk losing a verdict in court. They also know that it will take a long time to prepare a case for trial.
Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to speed up the process. For instance, certain states have statutes of limitation that guarantee a trial within one year. A nationally recognized mesothelioma law firm can assist a victim in filing in the state that will award them the most compensation within the shortest time. In addition, some states have special laws that allow the statute of limitations to begin on a victim's diagnosis date or the date they died, rather than their exposure dates. This is an excellent way to ensure that the statute of limitations does not expire before victims receive mesothelioma compensation.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict may award compensation to the victims or their families. It will also decide whether the defendant is liable for an asbestos-related injury, or death.
The length of time required to reach a final verdict is different from case to case. The amount that is awarded, the strength of the evidence, and number of parties all affect the time it takes to decide on a case of mesothelioma.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure that their rights are protected throughout the entire mesothelioma lawsuit process. Attorneys will help victims and their families understand the complicated legal procedures and deadlines. Lawyers can also ensure that the time limit does not expire before the victim receives compensation.
After determining the nature of mesothelioma lawsuit, victims or their lawyers will start collecting all the documentation required for the claim. This includes mesothelioma-related diagnoses and evidence of exposure.
Based on the particular case, there could be multiple liable asbestos companies or trust funds that will pay a victim compensation for their asbestos-related injuries. The lawyer will investigate the history of the victim's asbestos exposure to determine which companies may be liable. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Asbestos lawsuits are atypical. They typically involve large companies with teams of skilled defense lawyers paid large retainer fees to try and derail a victim's claim. Expert mesothelioma lawyers know how to defy these efforts and keep the lawsuit moving.
The victim will not be entitled to compensation if a mesothelioma suit is not filed by the deadline. The time limit for filing a lawsuit differs from one state to another and, for personal injury claims as well as wrongful deaths, it's different. If someone who is a victim, or a family member has any doubts 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 when to file it to maximize the chance of a successful result.