Mesothelioma Lawsuit Timeline
The time limit for mesothelioma is different between states. The clock begins to tick from the time that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who is skilled and knowledgeable knows the limitations of state law and how to speed up the process of obtaining compensation as soon as is possible. Compensation is available to victims and their families when they need it most.
The Discovery Phase
Following the filing of a mesothelioma case attorneys on both sides will commence the discovery phase. This is a crucial part of the legal procedure and can last from 3-4 months. During this period lawyers will look over all evidence that has been provided to help build your mesothelioma case and gather more information about asbestos exposure you have experienced in the past. Your lawyer will conduct an interview with you as well as witnesses involved in the mesothelioma case. This could include both depositions in person or written. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will prepare you for these interviews.
A knowledgeable 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 don't want to pay compensation for the damage caused by their negligence, and are likely to try to delay the process as long as they can. This is why it's essential to hire mesothelioma attorneys who have an experienced and affluent legal representation.
Settlements are typically used to pay compensation to asbestos victims financially. Settlements are usually done prior to trial, which saves both parties time and stress.
Depending on your state laws and statutes of limitations, you have one to five years from the time of diagnosis or discovery of your mesothelioma to file a suit for financial compensation. If a loved one of yours has died from mesothelioma within the past three years their spouses or heirs can make an action for compensation.
A mesothelioma suit is filed in order to secure the verdict of a judge or to reach a settlement before trial. The American legal system is generally supportive of asbestos victims this is why the majority of mesothelioma lawsuits end in an agreement rather than going to trial.
Some settlement offers for mesothelioma can be made as soon as the litigation begins, while others are not announced until attorneys have a clear understanding of the strength and weaknesses of each party's claim. The mesothelioma average trial verdict is about $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 months to a year to settle. Many mesothelioma cases are settled without a court hearing. This is beneficial for victims as they can receive compensation faster than if they went through an extensive trial and verdict process. Settlements do not require that victims make appeals, which can take years to resolve and could delay the payment.
The initial stage of a mesothelioma lawsuit involves gathering evidence and obtaining information. A lawyer will look over the history of employment of the victim to determine the extent of asbestos exposure and the companies responsible for their disease. Defendant lists are created. Based on the mesothelioma type and which corporations were involved, there could be multiple defendants in a single claim.
Asbestos defendants don't want to settle large sums and may resort to different strategies to avoid paying victims. They might try to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are experienced in recognizing these tactics and how to defeat them.
A mesothelioma lawyer may help a victim shorten their legal timeframe. A person who is terminally sick can file a prior motion in the court to speed up the process of litigation.
The statute of limitations is another factor that affects a mesothelioma timeline. This is because states have laws that limit the length of time a person can make a claim for injury. The time-limit for filing claims is dwindling, so victims and their families have to be quick to act.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict lawsuit. MDLs group similar asbestos lawsuits together for faster processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a much quicker rate than if you file separately.
If the mesothelioma trial procedure goes smoothly the final verdict could be reached within a matter of days after the trial phase. If the trial is complicated and results in an unjust verdict, it may take several months, or even up to a year for victims to get compensation.
Settlement Negotiations
Many asbestos victims, and their families, get compensation without the need to go through an in-courtroom. This is because victims and their lawyers can settle a case prior to a trial. https://www.youtube.com/watch?v=gte0c1GL6ts can occur after the initial offer has been made and the defendant has had a certain number of days to reply or even after the trial.
Mesothelioma lawsuits usually involve a back-andforth exchange of offers during the settlement negotiation process, whether in writing or over the phone. This could take weeks, months or even years. During this phase, a skilled mesothelioma lawyer can help their client receive the most lucrative compensation for their claim.
If the victim and their lawyer cannot reach an agreement during these negotiations and they are unable to reach an agreement, they can move to mediation. This is where an outside party helps both sides come to an appropriate amount of compensation. It may take some time, but it is often less time-consuming than waiting for a verdict from juries.
Asbestos producers hid the dangers of their products for decades. Many workers, veterans, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma, a deadly cancer. These victims are eligible for compensation to cover medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases are settled, even though each case is different. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also realize that preparing a case for a trial will take some time.
Asbestos victims and their attorneys can also speed up the process by filing an action in the correct state and jurisdiction. Certain states, for instance have laws that guarantee a court trial within a year. A well-known mesothelioma law firm can assist a victim in filing in the jurisdiction that will give them the highest amount of compensation in the shortest amount of time. Additionally, certain states have special laws that allow the statute of limitation to begin on a victim's diagnosis date or the date they died, instead of the date of their exposure. This is an excellent method to ensure that the statute of limitation does not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a final settlement or verdict. The verdict could provide compensation to victims or their families. It will also decide whether the defendant is responsible for a related asbestos-related injury or death.
The time it takes to reach a final verdict can vary from case to case. The amount that is awarded, the strength of the evidence and the number of parties involved all influence how long it will take 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 entire mesothelioma lawsuit process. Attorneys will help victims and their families to understand the complicated legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before the victim receives compensation.
After determining the type of mesothelioma lawsuit, victims or their lawyers will start collecting all the documentation required for the claim. This includes mesothelioma diagnosis records and proof of exposure.
Based on the 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 victim's history of asbestos exposure to determine which corporations may be liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to file a claim with.
Asbestos lawsuits are atypical. They are typically brought by large companies who employ defense teams to attempt to stop the victim's claim. Mesothelioma lawyers who are experienced know how to thwart these tactics and keep the lawsuit going.
The victim is not entitled to compensation if a mesothelioma lawsuit is not filed in time. The time limit for filing a lawsuit differs from state to the next and, for personal injury claims and wrongful deaths it is different. If a victim or their family member has any concerns regarding the statute of limitation and should contact a mesothelioma law firm immediately to discuss their options. A knowledgeable mesothelioma attorney will examine the case and determine when to file it to maximize their chance of a favorable outcome.