Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation is different from state to state. The clock starts to tick from the time the patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer that is experienced will understand the state statute of limitations and how best to expedite compensation to ensure that victims receive compensation as soon as possible. Compensation is available to the families of victims when they need it most.
The Discovery Phase
After filing a mesothelioma suit attorneys from both sides will start the discovery phase. This is an important part of the legal process and can last for 3 to 4 months. During this period lawyers will go through the evidence presented to establish your mesothelioma claim and gather additional information regarding asbestos exposure you’ve been exposed to in the past. Your attorney will also interview witnesses, including you, 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 interview sessions.
A mesothelioma lawyer who is skilled will use the information that is gathered during the discovery process to determine which asbestos companies are liable for your injuries and illness. Asbestos defendants don’t want to pay compensation for the damage caused by their negligence, therefore they will likely attempt to delay the process as much as possible. This is why it’s essential to hire a mesothelioma law firm with skilled and aggressive legal representation.
Settlements are often used to pay compensation to asbestos victims financially. Settlements are typically made before the trial, saving both parties from stress and time.
You have between one and five years, based on the state laws or statutes of limitation from the date you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma during the past three years their spouses or heirs are able to file a claim for compensation.
A mesothelioma suit is filed in order to secure a court verdict or reach an agreement prior to trial. The American legal system is generally sympathetic to asbestos manufacturers’ victims this is why the majority of mesothelioma cases end with an agreement rather than going to trial.
Certain mesothelioma settlements are made as soon as litigation begins and others are only available once lawyers are aware of the strength of each party’s case. The median mesothelioma verdict is about $2 million, but most claims settle for much less than that.
The Trial Phase
Cases of mesothelioma that reach the trial phase of a lawsuit usually take between six months and a year to settle. However, many mesothelioma claims end up in court. It is beneficial for victims to receive compensation sooner than those who had to endure a long trial and verdict process. Settlements do not require victims to file appeals, which can linger on for years and delay compensation payments.
The initial stage of a mesothelioma lawsuit is gathering information and evidence. A lawyer will look over the employee’s history to determine asbestos exposure as well as the companies responsible for their disease. Then a list of defendants is compiled. There may be multiple defendants listed based on the type of mesothelioma and the corporations involved.
Asbestos defendants may not be keen to settle large sums of money and they may try a variety of tactics to avoid paying victims. They may try to conceal evidence or deny medical records related to asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these tactics and thwart them.
A mesothelioma attorney can also assist a victim in reducing their legal timeline. A person who is terminally sick can file a priority motion in the court to speed up the litigation process.
The statute of limitations is a different aspect that influences a mesothelioma timeline. States have laws that restrict how long an individual must file an action. The time limit for filing a claim is running out, so the victims and their families need to be quick to act.
Mesothelioma lawyers may also speed up the legal process by making an application to join a mesothelioma multidistrict litigation (MDL). MDLs bring similar asbestos lawsuits for quicker processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a much quicker rate than if you had filed an individual lawsuit.
If settlement for mesothelioma is smooth, a decision can be reached within days after the trial phase. If the trial is complicated and results in an unjust verdict, it may take several months, or up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families get compensation without the need for the courtroom. It is possible for asbestos victims and their lawyers to settle a matter prior to trial. Settlements can take place 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 cases the process of negotiating settlements involves a back and forth exchange of offers either by written correspondence or via phone. This process could take weeks, months, or even years. In this stage an attorney for mesothelioma can assist their client in receiving the highest amount of compensation for their claim.
If the lawyer and the victim cannot reach an agreement during these negotiations the two parties can then move to mediation. This is where an outside party helps both sides to come up with an acceptable amount of compensation. This can also take some time, but it is often less time-consuming than waiting for a decision from the jury.
Asbestos manufacturers concealed the dangers of their products for decades. Many veterans, workers and family members of asbestos-exposed people have been diagnosed with mesothelioma, a deadly cancer. The victims could be entitled to reimbursement 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 a negative verdict at trial. They also understand that making a case ready for trial will take some time.
Asbestos victims and their attorneys can also speed up the process by filing an action in the correct state and in the right jurisdiction. For instance, some states have statutes of limitation that allow for a trial to be held within one year. A nationally recognized mesothelioma law firm can help a victim file in the jurisdiction that will give them the highest amount of compensation in the shortest amount of time. Additionally, certain states have laws that permit the statute of limitations to begin at the victim’s diagnosis date or the date they passed away, not the date of their exposure. This is an excellent way to make sure that the statute of limitations does not run out before victims receive mesothelioma compensation.
Final Verdict
The mesothelioma lawsuit will end with a verdict or settlement. The verdict can be awarded compensation to the victims or their families. The verdict may also decide whether a defendant is liable for an injury or death caused by asbestos.
The amount of time it takes to reach the final verdict is different from case to case. The amount that is awarded, the quality of evidence, and the number of parties affect how long it takes to settle mesothelioma cases.
Asbestos patients should consult experienced lawyers as soon as possible to ensure their rights are protected throughout the mesothelioma litigation process. Attorneys will help victims and their families understand the complexities of legal procedures and deadlines. Lawyers can also ensure that the time limit does not expire before a victim receives compensation.
After determining the type of mesothelioma lawsuit, victims or their attorneys will start gathering all the necessary documents for the claim. This includes mesothelioma diagnosis and evidence of exposure.
In the event of a case, there may be several asbestos companies that are liable or trust funds that compensate a victim for the asbestos-related injuries they sustained. The lawyer will investigate the history of exposure and determine which companies are liable. They will also discover which companies have filed for bankruptcy and which asbestos trust funds to file a claim with.
The asbestos lawsuits are atypical. They are typically brought by large corporations that employ defense teams to attempt to stop the claim of the victim. Mesothelioma lawyers who are experienced are able to stop these tactics and keep the lawsuit moving forward.
The victim is not able to receive compensation if a mesothelioma suit is not filed in time. The time limit for filing a lawsuit varies from one state to another and, for personal injury claims as well as wrongful deaths it is different. If the victim, or family member has doubts about the statute of limitations, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer with experience will examine the case and determine when to file it to maximize their chance of a successful outcome.
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