Mesothelioma Lawsuit Timeline
The mesothelioma time limit is different from state to state. The clock begins to tick from the date of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A skilled mesothelioma attorney understands the statutes of limitations in each state and can speed up the process of obtaining the compensation as fast as is possible. A quicker resolution means that compensation is available when the families and victims need it most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will enter the discovery phase. This is an important part of the legal procedure and can last from 3-4 months. During this time lawyers will go through the evidence presented to establish your mesothelioma case and collect more details regarding asbestos exposure you've had in the past. Your attorney will also speak with you and any other witnesses involved in the mesothelioma lawsuit. This may include written and in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will help you prepare for these interviews.
A skilled mesothelioma lawyer will utilize the information gathered during the discovery phase to determine which asbestos companies are accountable for your injuries and illnesses. Asbestos defendants may attempt to delay the process so that they can avoid paying compensation for damages caused due to their negligence. Therefore, it is essential to hire a mesothelioma lawyer with experience and an aggressive approach.
Settlements are often used to compensate asbestos victims financially. Many of these payouts are made even before trial commences which can save both parties a lot of time and anxiety.
You have between one and five years, based on the state laws or statutes of limitations, from the date you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma spouses and heirs can have up to three years in which to submit a wrongful death claim to claim compensation on their behalf.
A mesothelioma suit is filed to win an appeal or an agreement prior to trial. The American legal system tends to be supportive of the asbestos victims and that is the reason why the majority of mesothelioma cases result with settlements instead of going to court.
Some settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not offered until lawyers are aware of the strength and weaknesses of each party's claim. The median mesothelioma trial verdict is around $2 million, however the majority of claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take between six months and a year to resolve. However, many mesothelioma claims settle out of court. This is advantageous to the victims because it allows them to receive compensation faster than in the event of an extensive trial and verdict process. Settlements do not require victims to file any appeals, which can linger on for years and delay compensation payments.
The first phase of mesothelioma cases is to gather evidence and details. A lawyer will look over the history of a patient's employment to determine asbestos-related exposures and the companies that are responsible for their illness. Then a list of defendants is compiled. Based on a person's mesothelioma type and which corporations were involved, there may be several defendants listed in one claim.
Asbestos defendants might not be eager to settle large sums of money and they may employ a variety of ways to avoid paying victims. They may attempt to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and ways to stop them.
A mesothelioma lawyer can assist a victim in reducing their legal timeframe. A person who is terminally sick can file a priority motion in the court to speed up the process of litigation.
The statute of limitations is a different factor that affects the mesothelioma timeline. States have laws that restrict the time a person has to make an action. The injured party and their family members must act quickly to prevent the statute of limitations from expiring.
Lawyers who specialize in mesothelioma can also accelerate the legal process by joining multidistrict litigation. MDLs are used to organize asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a quicker rate than if you had filed a separate lawsuit.
If the mesothelioma litigation process is successful, a verdict is reached within a few days after the trial phase. If the trial is lengthy and leads to an incorrect verdict, it may take several months, or up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever having to step foot in the courtroom. It is possible for the victims and their attorneys to settle a matter prior to trial. Settlements can take place after the initial offer was made and the defendant has been given a certain number of days to respond or even after the trial.
In the majority of cases, the settlement negotiation process involves a back and forth exchange of offers either via written correspondence or over the phone. The process can last for weeks or months, or even years. At this point mesothelioma lawyers can help their client receive the maximum compensation possible for their claim.
If a mesothelioma victim and their attorney are unable to reach a settlement during these negotiations, they may go to mediation, which is a third-party person who helps both sides agree on a fair compensation amount. It can take some time, but it is often quicker than waiting for a verdict from juries.
For decades, asbestos manufacturers hid the dangers associated with their products. This is why many military veterans, workers and family members of those exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. The victims can claim compensation to pay for funeral costs, medical bills and lost wages.
Although every case is unique, most mesothelioma cases end in a settlement. Asbestos companies prefer to settle rather than risk losing a trial verdict. Moreover, they know that it takes time to prepare the case for trial.
Asbestos-related lawsuits can be filed in the appropriate state and jurisdiction to accelerate the process. Some states, for example, have statutes that ensure a trial within a year. A nationally recognized mesothelioma lawyer can assist victims in filing their case in the jurisdiction that will allow them to receive the most compensation within the shortest time. Additionally, certain states have laws that permit the statute of limitations to begin at the victim's diagnosis date, or when they died, instead of their exposure dates. This is an excellent way to ensure that the statute of limitations will not expire before victims receive mesothelioma settlements.
edmond mesothelioma lawsuit will conclude with a verdict or settlement. The verdict could be awarded compensation to victims or their loved ones. It could also determine whether the defendant is liable for an asbestos-related injury or death.
The amount of time required to reach a final verdict varies from case to case. The amount of money awarded as well as 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 that their rights are protected throughout the mesothelioma lawsuit process. Lawyers will assist victims and their families to understand the complicated legal procedures and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation due to the time limit has expired.
After determining the type of mesothelioma suit, victims or their lawyers will start collecting all the documentation required for the claim. This includes mesothelioma-related diagnosis records and proof of exposure.
Based on the circumstances, there could be many asbestos trusts or companies that are responsible and will pay compensation to victims for asbestos-related injuries. The lawyer will investigate the victim's exposure history and determine which companies are liable. They will also investigate which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are atypical. They usually involve large corporations with teams of highly skilled defense lawyers paid large retainer fees to try to stop a victim's claim. Mesothelioma lawyers who are experienced are able to stop these efforts and keep the lawsuit moving.
If a mesothelioma lawsuit is not filed by the deadline, the victim will be disqualified from receiving compensation. The statute of limitations varies between states and the time limit for personal injury and claims for wrongful death is different. If a victim or a family member has any concerns regarding the statute of limitations and the time limit, they should contact a mesothelioma lawyer firm as soon as possible to discuss their options. A mesothelioma lawyer with experience will review the case and decide where to file it to maximize their chance of a favorable outcome.