Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different between states. The clock begins to tick at the time a patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).
A knowledgeable mesothelioma lawyer is aware of the limitations of state law and can speed up the process to get the compensation as fast as is possible. A faster resolution means that compensation is available when the victims and their families need it most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys from both sides will begin the discovery phase. This is an essential part of the legal process and typically lasts from 3-4 months. During this period, lawyers will review all evidence that has been presented to establish your mesothelioma claim and gather more information regarding asbestos exposure you've experienced in the past. Your lawyer will conduct an interview with you as well as witnesses in the mesothelioma case. This could include both written and in person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare you for these interviews.
A mesothelioma lawyer will use the information gathered during the discovery phase to identify the asbestos companies that are responsible for your illness or injuries. Asbestos defendants don't want to compensate you for the damage caused by their negligence, therefore they will likely try to stall the process as much as they can. It is therefore important to choose a mesothelioma attorney with experience and aggressive representation.
Settlements are often used to pay compensation to asbestos victims financially. Settlements are typically made before the trial, which saves both parties time and stress.
You have between one and five years, depending on the state law or statutes of limitation starting from the day you were diagnosed with mesothelioma. If accidentinjurylawyers.claims loved-one has died from mesothelioma within the past three years their spouses or heirs may submit a claim for compensation.
A mesothelioma suit is filed to secure a court verdict or reach a settlement before trial. The American legal system is generally supportive of asbestos manufacturers' victims this is why the majority of mesothelioma cases end with a settlement rather than going to trial.
Certain mesothelioma settlements are made as soon as litigation begins. Others are only made available after lawyers are aware of the strength of each case. The median mesothelioma verdict is about $2 million, but most claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take anywhere from a few months to a full year to settle. However, many mesothelioma cases settle out of the court. This is advantageous for the victims as they are able to receive compensation much quicker than in the event of an extended trial and a lengthy verdict process. Settlements also do not require victims to file any appeals, which could drag on for years and delay the payment of compensation.
The initial phase of mesothelioma cases is to gather evidence and data. A lawyer will look over the employee's history to determine the extent of asbestos exposure and companies responsible for their illness. Then a list of defendants is made. Multiple defendants may be listed depending on the type of mesothelioma as well as the companies involved.
Asbestos defendants might not be eager to pay large settlements, and they may try a variety of strategies to avoid paying victims. For instance, they may attempt to refute medical records or conceal evidence of asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these tactics and thwart them.
A mesothelioma lawyer may help a victim shorten their legal timeline. If a person is terminally sick, they may submit a motion to have priority in court to speed up the legal process.
The statute of limitation is another factor that affects the timeline for mesothelioma. States have laws that restrict the time that the person must make a claim. The time-limit for filing claims is expiring, which means victims and their families have to be quick to act.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining multidistrict litigation. MDLs group similar asbestos lawsuits to ensure 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 the final verdict could be obtained within days after the trial phase. If the trial is lengthy and results in an unjust verdict, it may take several months, or up to a year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families, receive compensation without the need for a courtroom. It is possible for asbestos victims and their attorneys to settle a case prior to a trial. Settlements can be made after the initial offer has been made and the defendant has been given a certain number of days to respond or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process, whether in writing or via phone. This can take months, weeks, or even years. In this stage, a knowledgeable mesothelioma lawyer can help their client receive the highest possible compensation for their claim.
If the lawyer and the victim are unable to come to an agreement during these negotiations, then they can proceed to mediation. This is where an outside party helps both sides to come up with an appropriate amount of compensation. It may take time however, it is usually less time-consuming than waiting for a decision from the jury.
For decades, asbestos producers concealed the dangers of their products. Many veterans, workers and family members of asbestos-exposed people have been diagnosed with mesothelioma, the most deadly form of cancer. These people may be entitled to compensation for funeral expenses, medical costs, and lost wages.
The majority of mesothelioma cases are settled, even though every case is unique. Asbestos firms would rather settle rather than risk a negative verdict at trial. They also realize that making a case ready for trial can take a long time.
Asbestos victims and their attorneys can also accelerate the process by filing a lawsuit in the right state and jurisdiction. Certain states, like, have statutes that ensure a trial within a year. A mesothelioma lawyer with national recognition can assist patients in filing a claim in the jurisdiction which will grant them the highest amount of compensation within the shortest period of time. Additionally, certain states have special laws that permit the statute of limitations to begin on a victim's diagnosis date or when they died, rather than the date of their exposure. This is a great way to ensure the statute of limitations will not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma lawsuit. The verdict may award compensation to victims or their families. It could also determine whether or not a defendant is liable for a related asbestos-related injury or death.
The time required to reach a final decision will differ from case to situation. The amount awarded, the strength of the evidence and the number of parties involved all affect how long it takes to resolve a mesothelioma case.
Asbestos patients should consult experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist victims and their families understand the complexities of legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation because the time limit has expired.
Once they have determined the mesothelioma type of claim is filed, victims or their attorneys will begin collecting all the necessary documents. This includes mesothelioma diagnosis records and proof of exposure.
In the event of a case, there could be multiple liable asbestos companies or trust funds that will pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will examine the history of the victim's asbestos exposure to determine which companies are liable. They will also discover which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.
The asbestos lawsuits are atypical. They are typically brought by large corporations that hire teams of defense attorneys to attempt to stop the claim of the victim. Expert mesothelioma lawyers know how to defy these attempts and keep the lawsuit moving.
If a mesothelioma lawsuit is not filed in time, the victim will be barred from receiving compensation. The statute of limitation varies from one state to another and also for personal injury claims as well as wrongful deaths it is different. If someone who is a victim, or a family member, has any questions regarding the statute of limitation or the time limit for filing a claim, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer can review the case to determine where to file it in order to maximize the chances of a successful outcome.