Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different from state to state. The clock begins to tick at the time of diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer that is knowledgeable will know the statute of limitations in the state and how best to expedite compensation to ensure that victims receive settlement as soon as they can. Compensation is available to families of victims and the affected when they require it most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys on both sides will commence the discovery phase. This is a crucial part of the legal procedure and can last for 3 to 4 months. During this time, lawyers review the evidence submitted to build your mesothelioma lawsuit and gather additional information about asbestos exposure in your past. Your lawyer will conduct an interview with you and any witnesses involved in the mesothelioma lawsuit. This may include written and in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer who is skilled will utilize the information collected during the discovery phase to determine which asbestos-related companies are accountable for your illness and injuries. Asbestos defendants aren't eager to pay compensation for the harm 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.
Asbestos victims are typically awarded substantial financial compensation via settlements. Settlements are usually done prior to trial, saving both parties time and stress.
You have between one and five years, depending on the state laws or statutes of limitations, from the time you were diagnosed with mesothelioma. If a loved one has died from mesothelioma within the last three years their spouses or heirs are able to submit an application for compensation.
A mesothelioma suit is filed to secure a court verdict or reach an agreement prior to trial. The American legal system is known to be sympathetic to asbestos producers' victims which is why the majority of mesothelioma lawsuits 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 are aware of the strength of each side's case. The median mesothelioma verdict is around $2 million, however the majority of claims settle for far less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between six months and a full year to resolve. However, many mesothelioma cases are settled out of court. It is beneficial for victims to receive compensation faster than the case if they had to go through a lengthy verdict and trial process. Settlements do not oblige victims to file appeals, which could drag on for years and delay the payment of compensation.
The initial phase of mesothelioma cases is to gather evidence and information. A lawyer will review the history of employment of the victim to determine asbestos exposure and the companies that are responsible for their condition. Then, a list of defendants is created. Based on the mesothelioma type as well as the companies that were involved, there could be multiple defendants listed in a single claim.
Asbestos defendants don't want to pay out large settlements and may employ a variety of tactics to avoid paying victims. For instance, they may try to discredit medical records or conceal evidence related to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and strategies and how to stop them.
A mesothelioma lawyer can assist victims in reducing their legal timeframe. If someone is terminally ill, they can file a motion for priority in court to speed up the litigation process.
The statute of limitations is a different aspect that influences mesothelioma's timeline. States have laws that restrict how long an individual has to make an action. Victims and their loved ones must act swiftly to stop the statute of limitations from running out.
Mesothelioma lawyers can also expedite the legal process by making an application to join a mesothelioma multipledistrict litigation (MDL). MDLs group similar asbestos lawsuits for quicker processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case much faster than if you filed separate lawsuits.
If the mesothelioma trial process goes well, a final verdict can be obtained within days of reaching the trial phase. If the trial is lengthy and results in an unjust verdict, it may 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 enter the courtroom. It is possible for victims and their lawyers to settle a matter before a trial. Settlements can occur after the initial offer was made and the defendant has been given a certain number of days to reply or even after the trial.
In most instances the process of negotiating settlements involves an exchange of offers, either through written correspondence or over the phone. The process can last for weeks or months, or even years. At this point an attorney for mesothelioma can help their client get the most compensation they can for their claim.
If mesothelioma settlement checks and the victim cannot reach an agreement during the negotiations the two parties can then move to mediation. This is where an outside party helps both sides come up with an acceptable amount of compensation. It can take a while however, it is usually much shorter than waiting for a verdict from the jury.
For decades, asbestos manufacturers hid the dangers associated with their products. Many veterans, workers and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. This is the most deadly form of cancer. They are eligible for compensation to cover funeral costs, medical bills and lost wages.
Most mesothelioma cases are settled, even though each case is unique. Asbestos firms would rather settle rather than risk losing a trial verdict. They also know that it will take a long time to prepare an argument for trial.
Asbestos-related lawsuits can be filed in the correct state and jurisdiction to speed up the process. Certain states, like, have statutes which guarantee a trial within a year. A internationally recognized mesothelioma lawyer can help a victim file in the jurisdiction that can give them the highest amount of compensation within the shortest time. In addition, some states have special laws that allow the statute of limitations to begin at the victim's diagnosis date or the date they died, instead of the date of their exposure. This is an excellent way to make sure that the statute of limitations will not expire before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma lawsuit. The verdict could award compensation to the victims or their families. It will also decide whether or not a defendant is liable for a related asbestos-related injury or death.
The amount of time it takes to reach the final verdict will vary from case to. The amount of money awarded and the strength of evidence and the number of parties involved all influence how long it will take to settle a mesothelioma lawsuit.
Asbestos victims should seek out an experienced lawyer as soon as they can in order to protect their rights throughout the mesothelioma lawsuit process. Attorneys can help victims and families learn about the complex legal processes and deadlines. A lawyer can also help ensure that the statute of limitations does not expire before the victim receives compensation.
Once they have determined the type of mesothelioma lawsuit, the victims or their lawyers will start gathering all the necessary documents to support the claim. This includes mesothelioma diagnoses and evidence of exposure.
Based on the particular case, there could be several asbestos companies that are liable or trust funds that will compensate the victim for the asbestos-related injuries they sustained. The lawyer will investigate the victim's exposure history and determine which corporations are responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Lawsuits involving asbestos are unique. They are typically brought by large corporations that employ defense teams to try and derail the victim's claim. Expert mesothelioma lawyers are able to stop these tactics and keep the case moving forward.
The victim is not entitled to compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations differs from state to state and the time limit for personal injury and wrongful death claims is different. If the victim, or family member has concerns regarding the statute of limitation and should consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer with experience will review the case and determine where to file it in order to maximize their chance of a positive outcome.