Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different from one state to another. The clock starts to tick from the date the patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A mesothelioma lawyer that is experienced will understand the statute of limitations for the state and how to speed up compensation to ensure that victims receive compensation as quickly as they can. Compensation is available to the families of victims when they require it most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will go through the discovery phase. This is an essential part of the legal process and typically takes between 3 and 4 months. During this time, lawyers examine the evidence submitted to build your mesothelioma lawsuit and gather additional information regarding asbestos exposure in your past. Your lawyer will also question witnesses, including you, who are involved in your mesothelioma case. This could include written or in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interviews.
A mesothelioma attorney will use the information gathered during the discovery phase to identify the asbestos companies that are accountable for your injuries or illness. Asbestos defendants may attempt to delay the process in order to avoid paying compensation for damages caused due to their negligence. Therefore, it is essential to find a mesothelioma lawyer with experience and aggressive representation.
Settlements are often used to compensate asbestos victims financially. These settlements are often made before the trial, saving both parties from stress and time.
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 time of diagnosis or the discovery of mesothelioma in order to file a lawsuit for financial compensation. If a loved one of yours has passed away from mesothelioma spouses and heirs are entitled to three years to submit a wrongful death claim to claim compensation on their behalf.
The purpose of a mesothelioma case is to achieve a pre-trial settlement or win the case in court. Torrance mesothelioma lawyer YouTube is known to be sympathetic to victims of asbestos producers, which is why the majority of mesothelioma cases end with settlements instead of going to court.
Certain mesothelioma settlements are offered as soon as litigation begins and others are only available once lawyers have a strong understanding of the strength of each case. The median mesothelioma trial verdict is approximately $2 million, but most cases settle for less than that.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take between six months and a year to resolve. However, a lot of mesothelioma lawsuits end up in court. It is beneficial for victims to receive compensation sooner than if they had to endure a long trial and verdict process. Settlements do not oblige victims to file appeals, which can linger on for years and cause delays to compensation payments.
The initial stage of a mesothelioma lawsuit involves gathering evidence and obtaining information. A lawyer will review the employee's history to determine asbestos exposure as well as companies responsible for their illness. Defendant lists are created. Based on the mesothelioma diagnosis and the type of company that were involved, there may be several defendants in a single claim.
Asbestos defendants may not be eager to pay large settlements and they may try a variety of ways 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 also help victims shorten their legal timeline. Someone who is terminally sick can file a priority motion in court to speed up the process of litigation.
The statute of limitations is yet another aspect that influences the mesothelioma timeline. States have laws that limit the time that the person must file a claim. The statute of limitations is dwindling, so victims and their families have to be quick to act.
Mesothelioma lawyers can also expedite the legal process by submitting a request to join a mesothelioma multidistrict litigation (MDL). MDLs join similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a faster pace than if you had filed an individual lawsuit.
If the mesothelioma lawsuit procedure is smooth, a decision is reached within a few days after the trial phase. If the trial is complicated and results in a wrong decision, it may take up to an entire year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without having to step foot in the courtroom. This is because victims and their lawyers are able to settle a case prior to a trial. Settlements can occur after the initial offer has been made and the defendant is given a certain number of days to make a response or after the trial has begun.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers in the settlement negotiation process whether in writing or via phone. It can take months, weeks or even years. During this stage, a mesothelioma attorney can help their client get the highest amount of compensation for their claim.
If the victim and their lawyer are unable to come to an agreement during these negotiations the two parties can then move to mediation. This is where a third party can help both sides to come up with a fair compensation amount. It may take a while, but is usually much quicker than waiting for a verdict of the jury.
For decades, asbestos manufacturers concealed the dangers of their products. This is why many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma disease. These victims may be eligible for compensation for funeral expenses, medical costs and lost wages.
While each case is different, the majority of mesothelioma lawsuits end with a settlement. Asbestos companies prefer to settle rather than be at risk of a poor verdict in court. They also know that the preparation of a case for trial will take some time.
Asbestos victims and their attorneys can also accelerate the process by filing lawsuits in the proper state and within the appropriate jurisdiction. Some states, for example have laws that guarantee a court trial within a year. A mesothelioma lawyer who is nationally recognized can assist patients in filing a claim in the state which will grant them the most compensation within the shortest amount of time. Some states have laws that permit the statute of limitations to start on a victim's diagnosis date or death, instead of the date of their exposure. This is an excellent way to make sure that the statute of limitations does not expire before victims receive mesothelioma settlements.
Final Verdict
The mesothelioma trial will conclude with a final verdict or settlement. The verdict could provide compensation to victims or their families. The verdict may also decide whether a defendant was responsible for a death or injury caused by asbestos.
The time required to reach a final verdict can differ from case case. The amount of money awarded and the strength of evidence and the number of parties involved all impact how long it will take to settle a mesothelioma matter.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to ensure their rights throughout the entire mesothelioma litigation process. Lawyers will assist the families of victims to understand the complex legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation due to the time limit has expired.
After determining the type of mesothelioma claim is filed, the victims or their lawyers will start collecting all the necessary documentation. This includes mesothelioma diagnosis and evidence of exposure.
Depending on the case, there may be a variety of asbestos companies or trust funds that compensate the victim for their asbestos-related injuries. The lawyer will investigate the victim's exposure history and determine which corporations are liable. They will also investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
The asbestos lawsuits are atypical. They are typically brought by large companies who hire teams of defense attorneys to try to thwart the victim's claim. Mesothelioma lawyers who are experienced know how to thwart these efforts and keep the lawsuit moving.
The victim isn't entitled to compensation if a mesothelioma claim is not filed in time. The statute of limitations varies from state to state, and the statute of limitations for personal injury and claims for wrongful deaths is different. If someone who is a victim, or a family member has questions regarding the statute of limitations and should contact a mesothelioma lawyer to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine when to file it to maximize their chance of a successful outcome.