Mesothelioma Lawsuit Timeline
The time limit for mesothelioma varies from state to state. The clock begins to tick from the date of the diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer who is skilled and knowledgeable knows state statutes of limitations and can speed up the process of obtaining compensation as soon as is possible. A quicker resolution means that compensation is available when families and patients need it most.
The Discovery Phase
After filing a mesothelioma suit, attorneys on both sides will commence the discovery phase. This is an essential part of the legal process and often takes between 3 and 4 months. During this period lawyers will look over the evidence provided to help build your mesothelioma case and gather more information about asbestos exposure you have been exposed to in the past. Your attorney will interview you as well as any witnesses involved in the mesothelioma case. This could include both depositions in person and in writing. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will utilize the information gathered during the discovery phase to determine the asbestos-related companies accountable for your injuries or illness. Asbestos defendants aren't eager to compensate for the harm they caused through their negligence, and will likely try to stall the process as long as they can. Therefore, it is essential to hire a mesothelioma lawyer with experience and an aggressive approach.
Asbestos-related victims are usually awarded substantial financial compensation via settlements. Settlements are usually completed prior to the trial, saving both parties from stress and time.
You are entitled to between one to five years, based on the state law or statutes of limitation, from the date you were diagnosed with mesothelioma. If your loved one has died from mesothelioma, spouses and heirs are entitled to three years to make a claim for wrongful death to claim compensation on their behalf.
The goal of a mesothelioma lawsuit is to negotiate a pre-trial settlement or win an award in the court. The American legal system is known to be tolerant of the asbestos producers' victims which is why the majority of mesothelioma cases end in settlements, rather than going to court.
Some mesothelioma settlement offers are made as soon as the trial begins, while others are only made available after lawyers have a clear understanding of the strength of each party's case. The median verdict in a mesothelioma lawsuit is approximately $2 million. However, most claims are settled for much less.
The Trial Phase
Cases of mesothelioma that reach the trial phase of a lawsuit typically take between six months and a full year to be resolved. However, a lot of mesothelioma lawsuits end up in court. It is beneficial for victims to receive compensation sooner than those who had to endure a lengthy trial and verdict. Settlements don't require victims to file appeals which could take years and delay payment.
The first phase of a mesothelioma lawsuit involves gathering information and evidence. A lawyer will go over the history of employment of the victim to determine asbestos exposure as well as companies responsible for their illness. Then a list of defendants is compiled. Based on the mesothelioma diagnosis and the type of company that were involved, there could be multiple defendants in a single claim.
Asbestos defendants don't want to make large settlements and may resort to various strategies to avoid paying victims. muncie mesothelioma lawyer might try to hide evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and ways to stop them.
A mesothelioma lawyer could also assist patients in reducing their legal timeline. If someone is terminally sick, they may submit a motion to have priority in court to speed up the litigation process.
The statute of limitations is another factor which can affect the timeframe for mesothelioma. This is due to states having laws that limit the amount of time that a person has to make a claim for compensation. The time-limit for filing claims is dwindling, so the victims and their families need to act fast.
Lawyers who specialize in mesothelioma could also accelerate the legal process by joining multidistrict litigation. MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm has extensive experience handling MDLs and can manage your case at a faster rate than if you file an individual lawsuit.
If the mesothelioma litigation process is successful, a verdict is reached within a few days of the trial phase. However, if the trial is complex and results in a wrongful decision, it may take up to an entire year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without ever needing to enter a courtroom. It is possible for victims and their lawyers to settle a case prior to a trial. Settlements can happen after the initial offer is made and the defendant is given a certain number of days to decide, or even after a trial has begun.
In the majority of cases the settlement negotiation process involves an exchange of offers either by written correspondence or over the phone. It can take months, weeks or even years. In this stage a mesothelioma lawyer who is skilled can help their client receive the highest possible compensation for their claim.
If a mesothelioma victim and their attorney cannot come to a settlement during the negotiations, they can go to mediation which is a third-party person who assists both parties reach an agreement on a fair amount of compensation. It can take some time however, it is usually much shorter than waiting for a verdict from juries.
Asbestos manufacturers concealed the dangers of their products for years. Many workers, veterans, and relatives of asbestos-exposed people have been diagnosed with mesothelioma. It is a deadly cancer. The victims could be entitled to compensation for medical expenses, funeral costs, and lost wages.
While each case is unique, the majority of mesothelioma cases end in an agreement. Asbestos companies prefer to settle than risk losing a verdict in court. They also understand that preparing a case for a trial can take a long time.
Asbestos victims and their attorneys can also speed up the process by filing a lawsuit in the right state and within the appropriate jurisdiction. For instance, certain states have statutes of limitation which guarantee a trial within one year. A internationally recognized mesothelioma lawyer can assist victims in filing in the jurisdiction that will provide them with the highest compensation in the shortest time. Additionally, certain states have laws that allow the statute of limitation to begin on a victim's diagnosis date, or when they passed away, not their exposure dates. This is an excellent method to ensure that the statute of limitation does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma case. The verdict could provide compensation to victims or their families. The verdict can also decide whether a defendant is liable for the death or injury caused by asbestos.
The time required to reach a final decision will differ from case to case. The amount awarded, quality of evidence, and the number of parties affect the time it takes to resolve mesothelioma cases.
Asbestos victims should hire experienced lawyers as soon as possible to ensure that their rights are protected throughout the entire mesothelioma litigation process. Lawyers will assist the families of victims to understand the complicated legal procedures and deadlines. A lawyer can help ensure that the claim of a victim is not denied compensation due to the time limit has expired.
After determining which mesothelioma type of claim is filed, the victims or their attorneys will begin collecting all the necessary documents. This includes mesothelioma diagnose documents and proof of exposure.
Based on the circumstances, there may be various asbestos trusts or companies that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will research the history of exposure and determine which corporations are responsible. They will also investigate which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
The asbestos lawsuits are atypical. The lawsuits are usually filed by large corporations who employ teams of defense lawyers to attempt to stop the victim's claim. Mesothelioma lawyers who are experienced know how to defy these tactics and keep the lawsuit going.
The victim is not able to receive compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations varies from one state to another and also for personal injury claims as well as the wrongful death of a person, it differs. 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 can review the case and determine the best way to file it in order to maximize the chances of a successful result.