Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from one state to another. The clock begins ticking off from the date of the diagnosis (for personal injury claims) or death (for wrongful death claims).
A knowledgeable mesothelioma lawyer is aware of state statutes of limitations and how to speed up the process to receive the compensation as fast as is possible. Compensation is available to victims and their families when they need it the most.
The Discovery Phase
Following the filing of a mesothelioma case 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 month. During this period, lawyers review the evidence provided to construct your mesothelioma case and gather additional information about asbestos exposure in your past. Your lawyer will conduct an interview with you, as well as any witnesses involved in the mesothelioma lawsuit. This could include written or in-person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will help you prepare for these depositions.
A mesothelioma attorney will use the information gathered during the discovery phase to determine the asbestos companies that are accountable for your injury or illness. Asbestos defendants try to delay the process to avoid paying compensation for damages caused through their negligence. It is therefore crucial to choose a mesothelioma attorney with experience and aggressive representation.
Settlements are often used to pay compensation to asbestos victims financially. california mesothelioma lawsuit of these settlements are paid out before trial commences which saves both parties a lot of time and stress.
Depending on your state laws 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 for financial compensation. If a loved-one has died from mesothelioma within the last three years and their spouses or heirs are able to submit an action for compensation.
The goal of a mesothelioma suit is to achieve an agreement before trial or a verdict in court. The American legal system is generally sympathetic to asbestos victims, which is why most mesothelioma lawsuits result in a settlement rather than going to trial.
Certain mesothelioma settlements are made as soon as the litigation begins. Others are only offered once attorneys have a clear understanding of the strength of each party's case. The median verdict in a mesothelioma case is about $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit usually take anywhere from a few months to a full year to settle. Many mesothelioma cases are settled without a court hearing. This is beneficial for patients because it allows them to receive compensation faster than if they went through an extensive trial and verdict process. Settlements also do not require victims to file any appeals, which could drag on for a long time and delay compensation payments.
The initial stage of a mesothelioma suit is 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 disease. Defendant lists are created. There may be multiple defendants listed depending on the type of mesothelioma and the corporations involved.
Asbestos defendants don't want to pay out large settlements and may resort to a variety of tactics to avoid paying victims. They may attempt to hide evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and strategies and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal process. 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 another factor which affects the timeline for mesothelioma. States have laws that restrict the time that an individual has to make a claim. The victims and their families must act quickly to prevent the time limit from running out.
Mesothelioma lawyers may also speed up the legal process by submitting a request to join a mesothelioma multipledistrict litigation (MDL). MDLs join similar asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a much faster pace than if you filed separately.
If the mesothelioma lawsuit process is smooth, a decision can be reached within days after the trial phase. If the trial is complex and results in an unjust verdict, it may take several months, or even up to one year, for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without needing to enter the courtroom. It is possible for victims and their lawyers to settle a matter prior to trial. Settlements can be made after the initial offer has been 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 via written correspondence or over the phone. It can take months, weeks or even years. During this stage, a mesothelioma attorney can help their client get the maximum compensation possible for their claim.
If the lawyer and the victim are unable to come to an agreement during the negotiations and they are unable to reach an agreement, they can move to mediation. This is when an outside party helps both sides to come up with an acceptable amount of compensation. It can take some time but is generally quicker than waiting for a verdict of the jury.
For a long time, asbestos producers kept a secret about the dangers that came with their products. This is why many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. These people may be eligible for compensation for medical expenses, funeral costs and lost wages.
Although every case is different, the majority of mesothelioma lawsuits end with the form of a settlement. Asbestos companies prefer to settle rather than risk a bad verdict at trial. Moreover, they know that it will take a long time to prepare the case for trial.
Asbestos-related lawsuits may be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. Certain states, for instance have laws that guarantee a court trial within a year. A mesothelioma lawyer with national recognition can help victims file in the state that will allow them to receive the most compensation within the shortest period of time. Certain states have laws that allow the statute of limitations to begin at the victim's diagnosis date or their death date, rather than the date of their exposure. This is a great way to ensure that the statute of limitations will not expire before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma lawsuit. The verdict may award compensation to the victims or their families. It will also decide whether the defendant is liable for a related asbestos-related injury or death.
The time needed to reach a final verdict will differ from case to the case. The amount that is awarded, the quality of the evidence and number of parties all have an impact on how long it takes to settle a case of mesothelioma.
Asbestos victims need to hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the mesothelioma lawsuit process. Lawyers can assist victims and their families understand the complexities of 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 which type of mesothelioma claim is filed, victims or their lawyers will start gathering all the required documentation. This includes mesothelioma-related diagnosis records and proof of exposure.
In the event of a case, there could be a variety of asbestos companies or trust funds that will pay a victim compensation for their asbestos-related injuries. The lawyer will investigate the history of exposure and determine which companies are liable. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Asbestos lawsuits are unique. They usually involve large corporations with teams of highly skilled defense attorneys paid substantial retainer fees in order to stop a victim's claim. Experienced mesothelioma attorneys know how to thwart these attempts and keep the lawsuit going.
The victim is not entitled to compensation if a mesothelioma suit is not filed by the deadline. The statute of limitation differs from state to another and also for personal injury claims as well as wrongful deaths it is different. If a victim or their family member has questions regarding the statute of limitation, they should contact a mesothelioma lawyer firm immediately to discuss their options. A mesothelioma lawyer with experience will review the case and determine where to file it in order to maximize their chance of a successful outcome.