Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations varies from state to state. The clock starts to tick from the time a patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).
A mesothelioma lawyer that is knowledgeable will know the statute of limitations in the state and how to speed up compensation to ensure that victims receive compensation as quickly as they can. Compensation is available to families of victims and the affected when they need it the most.
The Discovery Phase
Following the filing of a mesothelioma case attorneys on both sides will commence the discovery phase. This is an essential part of the legal process and often takes anywhere from 3 to 4 months. During this time, lawyers will review all evidence presented to establish your mesothelioma claim and gather more information about the asbestos exposure you've been exposed to in the past. Your lawyer will conduct an interview with you, as well as witnesses involved in the mesothelioma trial. This may include written and in-person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will help you prepare for these interviews.
A knowledgeable mesothelioma lawyer will use the data that is gathered during the discovery process to determine which asbestos-related companies are accountable for your injuries and illnesses. Asbestos defendants aren't eager to pay compensation for the harm they caused through their negligence, and will likely try to stall the process as long as possible. It is therefore important to find a mesothelioma lawyer who has experience and a strong representation.
Settlements are typically used to pay compensation to asbestos victims financially. These settlements are often made before the trial, which saves both parties time and stress.
You are entitled to between one to five years, based on the state laws or statutes of limitations, from the time you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma within the past three years their spouses or heirs are able to submit an application for compensation.
A mesothelioma suit is filed to win an appeal or a settlement prior to trial. The American legal system tends to be supportive of the asbestos victims and that is the reason why the majority of mesothelioma lawsuits end in settlements rather than going to court.
Some mesothelioma settlement offers are offered as soon as litigation begins and others are only available once lawyers are aware of the strength of each case. The median verdict in mesothelioma cases is approximately $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take months to a year to settle. savannah mesothelioma lawsuit are settled without a court hearing. It is beneficial for victims to receive compensation faster than if they had to go through the lengthy trial and verdict. Settlements also do not oblige victims to file appeals, which could drag on for years and delay compensation payments.
The first phase of a mesothelioma lawsuit involves gathering information and evidence. A lawyer will review the history of employment of the victim to determine asbestos exposure as well as companies responsible for their illness. Defendant lists are then created. Multiple defendants can be listed depending on the type of mesothelioma and the corporations involved.
Asbestos defendants may not be eager to pay large settlements, and they might try a variety ways to avoid paying victims. They may try to conceal evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and strategies and how to stop them.
A mesothelioma lawyer can help a victim shorten their legal timeline. If a person is terminally ill, they can file a motion for priority in court to speed up the litigation process.
The statute of limitation is another factor which can affect the timeframe for mesothelioma. This is because states have laws that limit the amount of time a person can file an injury claim. The time limit for filing a claim is expiring, which means 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 join similar asbestos lawsuits together for quicker processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a faster pace than if you filed an individual lawsuit.
If the mesothelioma lawsuit procedure is smooth, a decision may be reached within days of the trial phase. However, if the trial is complicated and results in a wrongful verdict, it can take up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without having to step foot in a courtroom. It is possible for the victims and their lawyers to settle a matter prior to 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 the majority of instances the process of negotiating settlements involves an exchange of offers, either through written correspondence or by phone. It can take weeks, months or even years. At this point mesothelioma lawyers can help their client receive the highest amount of compensation for their claim.
If a mesothelioma patient and their attorney cannot reach a settlement during these negotiations, they may proceed to mediation which is a third-party person who helps both sides agree on a fair compensation amount. It may take a while, but is usually much quicker than waiting for a verdict of juries.
Asbestos manufacturers hid the dangers of their products for a long time. As a result, many military veterans, workers and family members of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma cancer. The victims can claim compensation to pay for funeral expenses, medical bills and lost wages.
The majority of mesothelioma cases settle, even though each case is different. Asbestos firms would rather settle rather than risk a negative verdict at trial. They also realize that preparing a case for a trial will take time.
Asbestos-related lawsuits may be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. For instance, certain states have statutes of limitations that allow for a trial to be held within one year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the jurisdiction that will allow them to receive the highest amount of compensation within the shortest amount of time. Some states have laws that allow for the statute of limitations to begin on a victim’s diagnosis date or their death, instead of their exposure dates. This is a great way to ensure the statute of limitations will not run out before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a final settlement or verdict. The verdict may provide compensation to victims or their families. The verdict could also determine whether a defendant was responsible for an injury or death caused by asbestos.
The time it takes to reach a final verdict will vary from case to. The amount of money awarded, the strength of the evidence and the number of parties involved all impact how long it takes to settle a mesothelioma lawsuit.
Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma litigation process. Attorneys can help families and victims understand the complicated legal procedures and deadlines. A lawyer can also ensure that the statute of limitations doesn't expire before a victim is able to receive compensation.
After determining the mesothelioma case type is filed, the victim or their lawyers will start gathering all the required documentation. This includes mesothelioma diagnosis and proof of exposure.
Depending on the case, there may be several asbestos companies that are liable or trust funds that will pay a victim compensation for their asbestos-related harms. The lawyer will investigate the history of the victim's asbestos exposure to determine which companies could be responsible. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with.
Asbestos-related lawsuits are not common. They usually involve large corporations with teams of skilled defense lawyers paid large retainer fees in order to derail a victim's claim. Mesothelioma lawyers who are experienced know how to stop these tactics and ensure that the case is moving forward.
The victim will not be entitled to compensation if a mesothelioma suit is not filed in time. The statute of limitations varies between states and the time limit for personal injury and wrongful death claims is different. If a victim, or a family member has any doubts regarding the statute of limitations or the time limit for filing a claim, they should immediately consult a mesothelioma lawyer discuss their options. A skilled mesothelioma attorney will examine the case and decide where to file it in order to maximize their chance of a positive outcome.