Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation varies from state to state. The clock starts ticking at the time of a patient's diagnosis (for personal injury claims) or death (for wrongful death claims).
A knowledgeable mesothelioma lawyer is aware of the statutes of limitations in each state and how to expedite the process to receive compensation as quickly as possible. A faster resolution means that compensation comes when victims and their families are in need of it most.
The Discovery Phase
After a mesothelioma lawsuit is filed, attorneys on both sides will commence the discovery phase. This is an essential part of the legal process, and usually lasts from 3-4 months. During this time lawyers will go through the evidence submitted to build your case for mesothelioma and collect more details about the asbestos exposure you've had in the past. Your attorney will interview you, as well as witnesses involved in the mesothelioma lawsuit. This may include depositions in person and in writing. Our mesothelioma lawyers are skilled in this area of litigation and will help you prepare for these interviews.
A mesothelioma lawyer who is skilled will use the data collected during the discovery phase to determine which asbestos companies are liable for your injuries and illness. Asbestos defendants don't want to pay compensation for the harm caused by their negligence, therefore they are likely to try to delay the process as long as possible. This is why it's important to retain mesothelioma attorneys who have experienced and aggressive legal representation.
Settlements are often used to pay compensation to asbestos victims financially. Settlements are typically completed prior to the trial, saving both parties time and stress.
You are entitled to between one and five years, depending on the state law or statutes of limitation, from the time you were diagnosed with mesothelioma. If a loved one of yours has died of mesothelioma spouses and heirs have up to three years in which to make a claim for wrongful death to claim compensation on their behalf.
The aim of a mesothelioma lawsuit is to achieve a pre-trial settlement or win an award in the court. The American legal system is generally supportive of asbestos victims and that is the reason why most mesothelioma lawsuits result in a settlement rather than going to trial.
Some settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not announced until attorneys have a good understanding of the strength and weaknesses of each side's claim. The median verdict in a mesothelioma lawsuit is about $2 million. However, the majority of cases are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take between a year and months to settle. A majority of mesothelioma cases settle without a court hearing. This is advantageous to the victims as they are able to receive compensation much faster than when they had to go through an extensive trial and verdict process. Settlements do not require victims file appeals which can take years to resolve and could delay payment.
The first step in mesothelioma cases involves gathering evidence and information. A lawyer will look over a victim's work history to determine asbestos-related exposures and the companies that are responsible for their illness. Then a list of defendants is created. There may be multiple defendants listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants may not be keen to settle large sums of money and they may try a variety of strategies to avoid paying victims. They may attempt to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and ways to stop them.
A mesothelioma lawyer can also assist patients in reducing their legal process. Anyone who is sick can file a prior motion in the court to speed up the litigation process.
The statute of limitations is another factor that can affect mesothelioma's timeline. States have laws that limit the time that an individual must make a claim. The victims and their families must act quickly to prevent the time limit from running out.
Mesothelioma lawyers can also speed up the legal process by submitting an application to join a mesothelioma multipledistrict litigation (MDL). MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a faster pace than if you filed a separate lawsuit.
If the mesothelioma litigation procedure goes smoothly and a final verdict is reached, a decision can be reached within days of reaching the trial phase. If the trial is complex and results in a wrong verdict, it can take a few months or up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without ever needing to go into a courtroom. This is because the victims and their lawyers are able to settle a case prior to the trial. Settlements can occur after the initial offer has been made and the defendant has had a specific amount of time to respond or even after the trial.
Mesothelioma lawsuits typically involve a back and forth exchange of offers during the settlement negotiation process via written correspondence or via phone. It can take weeks, months or even years. During this time, a knowledgeable mesothelioma lawyer can help their client get the most lucrative compensation for their claim.
If a mesothelioma patient and their attorney are unable to reach a settlement during the negotiations, they can go to mediation, which is a third-party person who assists both parties reach an agreement on a fair compensation amount. It can take some time, but is usually much quicker than waiting for a verdict of the jury.
For a long time, asbestos producers concealed the dangers of their products. Many veterans, workers, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma. This is a deadly cancer. They are eligible for compensation to pay for funeral expenses, medical bills and lost wages.
Each case is unique, the majority of mesothelioma lawsuits end with an agreement. Asbestos firms would rather settle than risk losing a trial verdict. They also realize that preparing a case for a trial will take time.
Asbestos victims and their lawyers can also accelerate the process by filing lawsuits in the proper state and within the appropriate jurisdiction. For example, some states have statutes of limitation that guarantee a trial within one year. A internationally recognized mesothelioma lawyer can assist a victim in filing in the jurisdiction that will give them the highest amount of compensation in the shortest time. Certain states have laws that allow the statute of limitations to start on a victim's diagnosis date or death date, rather than their exposure dates. 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 suit. upland mesothelioma attorney can provide compensation to the victims or their loved ones. It could also determine whether the defendant is responsible for an asbestos-related injury or death.
The length of time required to reach the final verdict is different from case to case. The amount awarded and the strength of evidence and the number of parties involved all influence the time it takes to resolve a mesothelioma case.
Asbestos victims should hire experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist the families of victims to understand the complex legal procedures and deadlines. A lawyer can also ensure that the time limit does not expire before a victim is able to receive compensation.
After determining the nature of mesothelioma lawsuit, victims or their lawyers will start collecting all the documentation required for the claim. This includes mesothelioma-related diagnosis records and proof of exposure.
Based on the specific circumstances, there may be several asbestos companies or trusts that are liable and will pay compensation to victims for asbestos-related injuries. The lawyer will look into the history of the person's asbestos exposure to determine which companies could be responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
Asbestos lawsuits are unique. They typically involve large companies with teams of skilled defense lawyers paid large retainer fees to try and stop a victim's claim. Experienced mesothelioma lawyers know how to stop these efforts and ensure that the case is 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 varies from one state to another, and for personal injury claims as well as the wrongful death of a person, it differs. If a victim or a family member has any concerns about the statute of limitations, they should contact a mesothelioma legal firm as soon as possible to discuss their options. A mesothelioma lawyer will review the case to determine when to file it to increase the odds of a positive result.