Mesothelioma Lawsuit Timeline
The mesothelioma time limit varies from state to state. The clock begins to tick from the time the patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands state statutes of limitations and how to expedite the process to receive compensation as soon as is possible. A faster resolution means that compensation is available when families and victims are in need of it most.
The Discovery Phase
After filing a mesothelioma suit attorneys on both sides will commence the discovery phase. This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 months. During this time lawyers will look over all 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 also interview witnesses, including you, involved in your mesothelioma claim. This may include written and in-person depositions. Our mesothelioma lawyers are skilled in this aspect of the litigation and will help you prepare for these depositions.
A mesothelioma attorney will use the information gathered in the discovery phase to determine the asbestos-related companies responsible for your injuries or illness. Asbestos defendants don't want to compensate you for the harm they caused through their negligence, so they will likely try to stall the process as long as possible. This is why it is 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 even before the trial takes place which saves both parties a significant amount of time and stress.
You are entitled to between one to five years, based on the state law or statutes of limitation from the date you were diagnosed with mesothelioma. If Westminster mesothelioma lawsuit youtube.com loved one has died from mesothelioma, spouses and heirs can have three years to make a claim for wrongful death to claim compensation on their behalf.
A mesothelioma suit is filed to win a court verdict or reach an agreement prior to trial. The American legal system tends to be tolerant of the asbestos victims and that is the reason why the majority of mesothelioma cases result with settlements instead of going to court.
Certain mesothelioma settlements are made as soon as litigation begins and others are only available once lawyers have a clear understanding of the strength of each side's case. The median verdict in a mesothelioma case is around $2 million. However, the majority of claims are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take between six months and a year to resolve. Many mesothelioma cases are settled without a court hearing. It is beneficial for the victims to receive compensation quicker than if they had to go through a long trial and verdict process. Settlements don't require victims to to file appeals that can take years to resolve and could delay payment.
The first phase of a mesothelioma lawsuit involves gathering evidence and information. A lawyer will go over the history of employment of the victim to determine asbestos exposure as well as the companies that are responsible for their condition. Defendant lists are created. Based on the mesothelioma type as well as the companies that were involved, there may be multiple defendants in a single claim.
Asbestos defendants aren't eager to pay out large settlements and may resort to different strategies to avoid paying victims. They may attempt to hide evidence or conceal medical records related to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and deter them.
A mesothelioma lawyer could assist victims in reducing their legal timeframe. If a person is diagnosed as terminally sick, they can submit a motion to have priority in the courtroom to speed up the litigation process.
The statute of limitations is yet another aspect that influences a mesothelioma timeline. This is due to states having laws that limit the length of time that a person has to file an injury claim. The statute of limitations is expiring, which means the victims and their families need to take action quickly.
Mesothelioma lawyers can also speed up the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case more quickly than if you filed separate lawsuits.
If the mesothelioma lawsuit process is successful, a verdict may be reached within days after the trial phase. If the trial is complicated and leads to an incorrect verdict, it may take up to a year, or up to one year, for victims to get compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without needing to go into the courtroom. It is possible for victims and their attorneys to settle a case prior to a trial. Settlements can happen after the initial offer is made and the defendant is given a set number of days to make a response or, in some cases, after a trial has begun.
In most cases the process of negotiating settlements involves a back and forth exchange of offers either via written correspondence or by phone. It can take weeks, months or even years. In this stage mesothelioma lawyers can help their client receive the maximum compensation possible for their claim.
If a mesothelioma victim and their lawyer are unable to reach a settlement in the negotiation process, they could proceed to mediation which is a third-party person who helps both sides reach an agreement on a fair amount for compensation. It may take a while however, it is generally faster than waiting for the verdict of a jury.
Asbestos manufacturers hid the dangers of their products for years. As a result, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a deadly mesothelioma cancer. These victims may be entitled to compensation for funeral expenses, medical costs and lost wages.
Each case is unique, most mesothelioma lawsuits end with the form of a settlement. Asbestos companies prefer to settle than be at risk of a poor verdict in court. They also know that it will take time to prepare an argument for trial.
Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and in the right jurisdiction. Certain states, for instance, have statutes which guarantee a trial within a year. A internationally recognized mesothelioma lawyer can help a victim file in the state that will award them the most compensation in the shortest amount of time. In addition, some states have laws that allow the statute of limitation to begin at the victim's diagnosis date or the date they died, rather than their exposure dates. This is a great method to ensure that the statute of limitation does not expire before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict could award compensation to the victims or their families. The verdict can also decide whether a defendant was responsible for a death or injury caused by asbestos.
The time it takes to reach a decision can vary from case to situation. The amount that is awarded, the strength of the evidence and the number of parties involved all impact how long it takes to settle a mesothelioma matter.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure their rights are protected throughout the mesothelioma litigation process. Attorneys can help families and victims understand the complicated legal procedures and deadlines. A lawyer can ensure that a claim is not denied compensation due to the time limit has expired.
Once they have determined the mesothelioma case type is filed, the victim or their lawyers will begin gathering all the required documentation. This includes mesothelioma-related diagnosis records and proof of exposure.
Based on the circumstances, there could be various asbestos trusts or companies which are liable and compensate the victim for their asbestos-related injuries. The lawyer will look into the history of the person's asbestos exposure to determine which corporations could be responsible. They will also investigate which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are atypical. The lawsuits are usually brought by large corporations that employ teams of defense lawyers to attempt to stop the victim's claim. Expert mesothelioma lawyers are able to stop these attempts and keep the case moving forward.
If a mesothelioma suit is not filed by the deadline, the victim will be denied from receiving compensation. 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 their family member have any questions regarding the statute of limitations and should contact a mesothelioma law firm as soon as possible to discuss their options. A mesothelioma lawyer can review the case to determine where to file it to maximize the chance of a successful outcome.