Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations differs from state to state. The clock starts ticking at the time of the diagnosis (for personal injury claims) or death (for claims for wrongful death).
A mesothelioma lawyer who is skilled will be aware of the statute of limitations in the state and how best to expedite compensation to ensure that victims receive settlement as soon as they can. 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 essential part of the legal process and typically takes anywhere from 3 to 4 months. During this time, lawyers will review all evidence presented to establish your case for mesothelioma and collect more details regarding asbestos exposure you've been exposed to in the past. Your attorney will also speak with you and any other witnesses who are involved in your mesothelioma case. This may include written and in-person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will help you prepare for these depositions.
A mesothelioma attorney will use the information gathered during the discovery phase to identify the asbestos companies responsible for your illness or injuries. Asbestos defendants don't want to compensate for the harm they caused through their negligence, so they will likely attempt to delay the process as long as possible. Therefore, it is essential to find a mesothelioma lawyer with experience and aggressive representation.
Settlements are often used to pay compensation to asbestos victims financially. A large portion of these settlements are paid out before the trial takes place which saves both parties a lot of time and stress.
You have between one and five years, depending on the laws of your state or statutes of limitations, starting from the day you were diagnosed with mesothelioma. If your loved one has passed away from mesothelioma spouses and heirs can have three years to file a wrongful death claim for compensation on their behalf.
YouTube of a mesothelioma lawsuit is to achieve an early settlement or an award in court. The American legal system is known to be supportive of the asbestos producers' victims and that is the reason why the majority of mesothelioma lawsuits end in settlements, rather than going to court.
Some settlement offers for mesothelioma can be immediately after the trial starts, while others are not offered until lawyers have a clear understanding of the strength and weaknesses of each claim. The mesothelioma average trial verdict is around $2 million, but most cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take anywhere from a few months to a full year to resolve. A majority of mesothelioma cases settle out of court. This is advantageous to the patients because they are able to receive compensation much quicker than would be the case if they went through an extended trial and a lengthy verdict process. Settlements also do not require victims to file appeals, which can linger on for years and cause delays to compensation payments.
The first phase of a mesothelioma suit is gathering evidence and information. A lawyer will look over the work history of a victim to pinpoint asbestos-related exposure and the companies that are responsible for their disease. Defendant lists are created. Multiple defendants may be listed based on the type of mesothelioma as well as the companies involved.
Asbestos defendants may not be eager to pay large settlements and they may employ a variety of ways to avoid paying victims. For example, they might attempt to refute medical records or conceal evidence of asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these strategies and stop them.
A mesothelioma attorney can also assist victims in reducing their legal timeframe. If someone is terminally ill, they can make a motion for priority in court to speed up the legal process.
The statute of limitations is another factor that can affect the timeframe for mesothelioma. States have laws that restrict how long an individual must file a claim. The time-limit for filing claims is dwindling, so victims and their families have to be quick to act.
Mesothelioma lawyers may also speed up the legal process by making a request to join a mesothelioma multidistrict litigation (MDL). MDLs are used to group asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience handling 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. However, if the trial is complex and leads to a wrongful verdict, it can take up to an entire year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families, are compensated without having to enter a courtroom. This is due to the fact that victims and their attorneys can settle a case prior to a trial. Settlements can occur after the initial offer is made and the defendant is given a set number of days to decide, or even after a trial has started.
In the majority of cases the process of negotiating settlements involves an exchange of offers either via written correspondence or via phone. This could take months, weeks, or even years. At this point an attorney for mesothelioma can help their client get the highest amount of compensation for their claim.
If a mesothelioma sufferer and their lawyer are unable to come to a settlement during the negotiation process, they could go to mediation which is a third-party person who helps both sides to agree on a fair compensation amount. This can also take time but is typically much shorter than waiting for a decision from the jury.
Asbestos producers hid the dangers of their products for years. This is why many workers, military veterans and family members of those exposed to asbestos have been diagnosed with a deadly mesothelioma disease. These victims may be eligible for compensation for funeral expenses, medical costs and lost wages.
The majority of mesothelioma cases settle, even though each case is unique. Asbestos companies prefer to settle than risk a negative verdict at trial. They also understand that the preparation of a case for trial can take a long time.
Asbestos-related lawsuits may be filed in the appropriate state and jurisdiction to accelerate the process. For instance, certain states have statutes of limitation that guarantee a trial within one year. A mesothelioma lawyer with national recognition can help victims file in the state that will allow them to receive the most compensation in the shortest time. Certain states have laws that permit the statute of limitations to begin at the victim's diagnosis date or their death, instead of the date of their exposure. This is an excellent way to ensure that the statute of limitations does not expire before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict may be awarded compensation to the victims or their families. It will also decide whether or not a defendant is liable for an asbestos-related injury, or death.
The time required to reach a decision will differ from case to case. The amount awarded and the strength of evidence and the number of parties involved all affect how long it will take to resolve a mesothelioma case.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the entire mesothelioma litigation process. Attorneys can help families and victims get a better understanding of the complex legal procedures and deadlines. A lawyer can help ensure that the claim of a victim is not denied compensation because the statute of limitations has expired.
After determining the mesothelioma case type is filed, the victims or their lawyers will start gathering all the required documentation. This includes mesothelioma diagnosis and proof of exposure.
Depending on the circumstances, there may be several asbestos companies or trusts which are liable and pay compensation to victims for asbestos-related injuries. The lawyer will investigate the victim's exposure history and determine which companies are responsible. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.
Asbestos lawsuits are atypical. They usually involve large corporations with teams of experienced defense lawyers paid large retainer fees in order to derail a victim's claim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward.
The victim will not be eligible for compensation if a mesothelioma claim is not filed in time. The time limit for filing a lawsuit varies from state to state and the time limit for personal injury and wrongful death claims is different. If a victim or a family member have any questions regarding the statute of limitations and the time limit, they should contact a mesothelioma legal firm immediately to discuss their options. A mesothelioma lawyer with experience will examine the case and determine where to file it in order to maximize their chance of a successful outcome.