Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma varies from one state to another. The clock begins ticking off at the time of the diagnosis (for personal injury claims) or death (for claims for wrongful death).
A mesothelioma lawyer who's experienced will understand the state statute of limitations and the best way to speed up compensation to ensure that victims receive compensation as quickly as they can. A faster resolution means that compensation comes when families and victims need it most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is an essential part of the legal process and often takes between 3 and 4 months. During this time lawyers will look over all evidence that has been provided to help build your mesothelioma claim and collect more details about asbestos exposure you have been exposed to in the past. Your attorney will also interview you and any other witnesses who are involved in your mesothelioma case. This may include written and in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interview sessions.
A skilled mesothelioma lawyer will use the data collected during the discovery phase to determine which asbestos-related companies are liable for your injuries and illnesses. Asbestos defendants are not eager to compensate for the damage caused by their negligence, so they will likely try to stall the process as long as possible. This is why it's important to retain mesothelioma attorneys who have skilled and aggressive legal representation.
Settlements are usually 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 great deal of time and stress.
Based on the laws of your state and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If your loved one has passed away from mesothelioma spouses and heirs are entitled to three years to file a wrongful death claim for compensation on their behalf.
A mesothelioma lawsuit is filed in order to secure an appeal or a settlement prior to trial. The American legal system is generally supportive of asbestos manufacturers' victims and that is the reason why most mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Some mesothelioma settlement offers are made as soon as trial begins, while others are only offered once attorneys have a clear understanding of the strength of each case. The median mesothelioma verdict is around $2 million, but the majority of claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take between a year and months to resolve. However, many mesothelioma cases end up in court. It is beneficial for victims to receive compensation sooner than if they had to go through the long trial and verdict process. Settlements do not require that victims make appeals, which can take years to resolve and could delay payment.
The initial stage of a mesothelioma lawsuit involves gathering evidence and obtaining information. A lawyer will look over the victim's employment history to determine asbestos exposure as well as companies responsible for their illness. The defendant lists are then compiled. Depending on a person's mesothelioma type and which corporations were involved, there may be several defendants in a single claim.
Asbestos defendants might not be keen to settle large sums of money and they may try a variety of strategies to avoid paying victims. albany mesothelioma lawsuit may try to conceal evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and how to defeat them.
A mesothelioma lawyer may assist victims in reducing their legal timeline. If a person is diagnosed as terminally sick, they can file a motion for priority in court to speed up the legal process.
The statute of limitations is a different aspect that influences the mesothelioma timeline. States have laws that restrict the time an individual has to make an action. The statute of limitations is dwindling, so the victims and their families need to take action quickly.
Lawyers who specialize in mesothelioma may also speed up 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 more quickly than if you file separate lawsuits.
If the mesothelioma lawsuit process goes smoothly, a verdict can be reached within days of the trial phase. If the trial is complicated and results in a wrong verdict, it could take a few months or up to an entire year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families, receive compensation without having to enter a 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 has been made and the defendant has had a specific number of days to reply or even after the trial.
In most instances the process of negotiating settlements involves a back and forth exchange of offers either by written correspondence or by phone. This can take months, weeks or even years. At this point an attorney for mesothelioma can help their client receive the highest amount of compensation for their claim.
If a mesothelioma sufferer and their attorney are unable to reach a settlement during these negotiations, they may go to mediation, which is a third-party person who assists both parties reach an agreement on a fair compensation amount. It may take some time but is typically quicker than waiting for a decision from a jury.
Asbestos producers hid the dangers of their products for decades. In the end, many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma disease. These people may be qualified for reimbursement for funeral expenses, medical costs, and lost wages.
Most mesothelioma cases are settled, even though each case is unique. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also realize that the preparation of a case for trial can take a long time.
Asbestos victims and their lawyers can also accelerate the process by filing an action in the correct state and jurisdiction. For instance, certain states have statutes of limitation that allow for a trial to be held within one year. A nationally recognized mesothelioma lawyer can assist patients in filing a claim in the state where they can receive the most compensation in the shortest amount of time. Certain states have laws that allow the statute of limitations to begin at the victim's diagnosis date or their death date, not the date of their exposure. This is a great way to ensure the statute of limitations does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict may provide compensation to victims or their families. It could also determine whether or not a defendant is responsible for an asbestos-related injury, or death.
The length of time it takes to reach a final decision will vary from case to. The amount awarded, the strength of the evidence and the number of parties involved all impact the time it takes to settle a mesothelioma lawsuit.
Asbestos patients should consult experienced lawyers as soon as they can to ensure that their rights are protected throughout the entire mesothelioma litigation process. Attorneys can help families and victims learn about the complex legal processes and deadlines. Lawyers can also ensure that the statute of limitations does not expire before a victim is able to receive compensation.
Once they have determined the type of mesothelioma lawsuit, victims or their lawyers will begin collecting all the documentation required to support the claim. This includes mesothelioma diagnose records and proof of exposure.
Depending on the case, there may be multiple liable asbestos companies or trust funds that will compensate the victim for their asbestos-related harms. The lawyer will look into the history of exposure and determine which corporations are responsible. They will also look into the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are unique. They typically involve large companies with teams of highly skilled defense lawyers paid large retainer fees to try to derail a victim's claim. Expert mesothelioma lawyers know how to defy these tactics and keep the lawsuit moving forward.
If a mesothelioma claim is not filed in time the victim will be barred from receiving compensation. The time limit for filing a lawsuit differs from one state to the next and, for personal injury claims as well as wrongful deaths it is different. If a victim or their family member have any questions regarding the statute of limitations, they should contact a mesothelioma legal firm right away to discuss their options. A skilled mesothelioma attorney will examine the case and determine when to file it in order to maximize the chances of a favorable outcome.