Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations varies from state to state. The clock begins to tick at the time of diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who is skilled and knowledgeable knows the statutes of limitations in each state and how to speed up the process to receive compensation as quickly as possible. A faster resolution means 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 usually takes anywhere from 3 to 4 months. During this time, lawyers review the evidence provided to construct your mesothelioma claim and collect additional information about asbestos exposure you have had in the past. Your attorney will also interview you and any other witnesses involved in the mesothelioma lawsuit. This may include written and in person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will prepare you for these depositions.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to identify the asbestos companies responsible for your injury or illness. Asbestos defendants are not eager to compensate you for the harm caused by their negligence, and are likely to try to delay the process as long as they can. This is why it is crucial to choose mesothelioma lawyers who provide skilled and aggressive legal representation.
Settlements are often used to pay compensation to asbestos victims financially. A large portion of these settlements are made before the trial is scheduled to take place, which saves both parties a significant amount of time and stress.
You are entitled to between one and five years, based on the laws of your state or statutes of limitations, from the time you were diagnosed with mesothelioma. If your loved one has passed away from mesothelioma spouses and heirs are entitled to up to three years to make a claim for wrongful death to claim compensation on their behalf.
A mesothelioma lawsuit is filed to secure a court verdict or reach an agreement prior to trial. The American legal system is known to be tolerant of the victims of asbestos producers, which is why the majority of mesothelioma lawsuits end in settlements, rather than going to court.
Certain settlement offers for mesothelioma can be immediately after the trial begins, while others are not announced until attorneys have a clear understanding of the strength and weakness of each party's claim. The median verdict in mesothelioma cases is around $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take months to a year to settle. However, many mesothelioma claims are settled out of court. It is beneficial for victims to receive compensation sooner than the case if they had to go through a lengthy verdict and trial process. Settlements do not also require victims to file appeals, which could drag on for years and delay compensation payments.
The initial stage of a mesothelioma lawsuit is gathering evidence and information. A lawyer will look over the history of a patient's employment to determine asbestos-related exposures and the companies responsible for their illness. The defendant lists are then compiled. Based on a person's mesothelioma type and which corporations were involved, there could be several defendants listed in one claim.
Asbestos defendants may not be eager to settle large sums of money and they may employ a variety of ways to avoid paying victims. For instance, they may attempt to refute medical records or conceal evidence related to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these strategies and stop them.
A mesothelioma lawyer can assist victims in reducing their legal timeframe. If someone is terminally ill, they can make a motion for priority in court to speed up the litigation process.
The statute of limitations is a different factor that can affect the mesothelioma timeline. This is due to states having laws that limit the length of time that a person has to file an injury claim. Victims and their loved ones must act fast to prevent the time limit from expiring.
Lawyers who specialize in mesothelioma may also accelerate the legal process by joining a multidistrict lawsuit. MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case faster than if you file separate lawsuits.
If the mesothelioma lawsuit procedure goes smoothly, a final verdict can be reached within days after the trial phase. If the trial is lengthy and results in an unjust decision, it could take up to a year, or up to one year, for victims to receive compensation.
sugar land mesothelioma attorneys and their families are awarded compensation without ever needing to enter the courtroom. It is possible for victims and their attorneys to settle a case before a trial. Settlements can take place after the initial offer was made and the defendant has had a certain number of days to reply or even after the trial.
In the majority of instances, the settlement negotiation process involves an exchange of offers, either through written correspondence or over the phone. The process can last for weeks or months, or even years. During this time, a skilled mesothelioma lawyer can assist their client in obtaining the maximum amount of compensation for their claim.
If the victim and their lawyer cannot reach an agreement during the negotiations, then they can proceed to mediation. This is where a third party person helps both sides come up with an acceptable amount of compensation. It may take some time, but it is often less time-consuming than waiting for a decision from the jury.
For decades, asbestos manufacturers hid the dangers associated with their products. In the end, many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma disease. These people may be eligible for compensation for medical expenses, funeral costs and lost wages.
Each case is unique, the majority of mesothelioma claims end in a settlement. Asbestos companies would rather settle rather than risk a negative verdict at trial. Furthermore, they are aware that it will take a long time to prepare the case for trial.
Asbestos victims and their attorneys can also accelerate the process by filing a lawsuit in the right state and within the appropriate jurisdiction. Certain states, for instance have laws that ensure a trial within one year. A nationally recognized mesothelioma law firm can help a victim file in the jurisdiction that can award them the most compensation within the shortest time. In addition, some states have laws that allow the statute of limitation to start on a victim's diagnosis date or when they passed away, not their exposure dates. This is an excellent way to make sure that the statute of limitations will not expire before patients receive mesothelioma settlements.
Final Verdict
The mesothelioma trial will conclude with a final settlement or verdict. The verdict could award compensation to the victims or their families. The verdict could also determine whether a defendant is liable for an injury or death caused by asbestos.
The time it takes to reach a final verdict can differ from case case. The amount that is awarded, the strength of the evidence, and number of parties all have an impact on 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 litigation process. Attorneys will help the families of victims to understand the complexities of legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation due to the time limit has expired.
After determining which mesothelioma case type is filed, the victim or their attorneys will begin gathering all the required documentation. This includes mesothelioma diagnosis records and evidence of exposure.
Based on the specific circumstances, there could be various asbestos trusts or companies that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will look into the victim's history of asbestos exposure to determine which companies could be responsible. They will also determine the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
Lawsuits involving asbestos are unique. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees to try to derail a victim's claim. Mesothelioma lawyers who are experienced are able to stop these attempts and keep the lawsuit moving.
The victim is not eligible for compensation if a mesothelioma suit is not filed by the deadline. The statute of limitations differs between states and the statute of limitations for personal injury and claims for wrongful deaths is different. If the victim, or family member has any questions regarding the statute of limitations and should seek out a mesothelioma attorney to discuss their options. A knowledgeable mesothelioma attorney will examine the case and determine when to file it in order to maximize the chances of a positive outcome.