Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation 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 deaths).
A knowledgeable mesothelioma lawyer is aware of the limitations of state law and can speed up the process to get the compensation as fast as is possible. Compensation is available to victims and their families when they require it most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys from both sides will start the discovery phase. This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 month. During this period, lawyers review the evidence provided to construct your mesothelioma claim and collect additional information regarding asbestos exposure you have had in the past. Your attorney will interview you, as well as witnesses in the mesothelioma trial. This could include both depositions in person or written. Our mesothelioma lawyers are skilled in this aspect of the litigation and will prepare you for these depositions.
A skilled mesothelioma lawyer will utilize the information that is gathered during the discovery process to determine which asbestos companies are responsible for your injuries and illness. Asbestos defendants may try to delay the process to avoid paying compensation for the damages caused through their negligence. This is why it is important to retain mesothelioma attorneys who have skilled and aggressive legal representation.
Asbestos victims typically receive substantial financial compensation through settlements. These settlements are often completed prior to the trial, which saves both parties from stress and time.
You have between one and five years, based on the state laws or statutes of limitation from the time you were diagnosed with mesothelioma. If a loved one has died from mesothelioma within the past three years their spouses or heirs may make an application for compensation.
A mesothelioma lawsuit is filed to secure the verdict of a judge or to reach a settlement before trial. The American legal system is generally sympathetic to asbestos manufacturers' victims this is why the majority of mesothelioma cases end with the form of a settlement instead of going to trial.
Certain settlement offers for mesothelioma settlements are made as soon as the litigation commences, while other settlement offers are not announced until attorneys have a good understanding of the strength and weakness of each side's claim. The median verdict in a mesothelioma case is around $2 million. However, most claims are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between six months and a year to be resolved. Many mesothelioma cases are settled outside of court. It is beneficial for victims to receive compensation faster than if they had to endure a lengthy verdict and trial process. Settlements do not require victims to file any appeals, which can linger on for years and cause delays to compensation payments.
The first step in mesothelioma cases involves gathering evidence and information. A lawyer will look over the work history of a victim to identify asbestos-related exposure and the companies that are responsible for their illness. Then the list of defendants is made. Based on a person's mesothelioma diagnosis and the type of company that were involved, there could be multiple defendants listed in a single claim.
Asbestos defendants aren't eager to pay out large settlements and may resort to various strategies to avoid paying victims. They might try to hide evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal timeframe. If someone is terminally sick, they can make a motion for priority in the courtroom to speed up the legal process.
The statute of limitation is another factor which influences the timeframe for mesothelioma. This is because states have laws that limit the length of time it takes to make a claim for injury. The statute of limitations is expiring, which means victims and their families have to be quick to act.
Mesothelioma lawyers may also speed up the legal process by submitting a request to join a mesothelioma multidistrict litigation (MDL). MDLs group similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs and can handle your case faster than if you filed separate lawsuits.
If the mesothelioma litigation procedure goes smoothly the final verdict could be reached within days of reaching the trial phase. If the trial is lengthy and leads to an incorrect verdict, it could take up to a year, or up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to enter a courtroom. This is because victims and their lawyers are able to settle a case prior to the start of a trial. Settlements can happen after the initial offer is made and the defendant is given a number of days to decide, or even after a trial has started.
Mesothelioma lawsuits typically involve a back and forth exchange of offers during the settlement negotiation process, via written correspondence or via phone. This could 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 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 assists both parties reach an agreement on a fair amount of compensation. It can take some time, but it is often quicker than waiting for a verdict from juries.
For a long time, asbestos producers kept a secret about the dangers that came with their products. Buena Park mesothelioma lawyers is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. These victims may be eligible for compensation for funeral expenses, medical costs and lost wages.
Each case is different, the majority of mesothelioma lawsuits end with an agreement. Asbestos companies prefer to settle than risk a negative verdict at trial. They also understand that preparing a case for a trial will take time.
Asbestos-related lawsuits may be filed in the appropriate state and in the appropriate jurisdiction to speed up the process. Some states, for example have laws which guarantee a trial within a year. A mesothelioma lawyer with national recognition can help victims file in the jurisdiction that will allow them to receive the most compensation within the shortest amount of time. Certain states have laws that allow for the statute of limitation to begin on a victim’s diagnosis date or death date, rather than their exposure dates. This is a great 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 end result of the mesothelioma lawsuit. The verdict may award compensation to victims or their loved ones. The verdict can also decide whether a defendant is liable for an injury or death caused by asbestos.
The time required to reach a final verdict will differ from case to situation. The amount awarded, strength of the evidence, and number of parties all influence the time it takes to settle a case of mesothelioma.
Asbestos patients should consult experienced lawyers as soon as possible to ensure that their rights are protected throughout the mesothelioma litigation process. Lawyers can assist families and victims learn about the complex legal processes and deadlines. An attorney can ensure that a claim is not denied compensation because the statute of limitations has run out.
Once they have determined the mesothelioma case type is filed, victims or their lawyers will start collecting all the necessary documentation. This includes mesothelioma diagnosis records and evidence of exposure.
Depending on the situation, there could be several asbestos companies that are liable or trust funds that will pay a victim compensation for their asbestos-related injuries. The lawyer will investigate the victim's exposure history and determine which corporations are responsible. They will also determine which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are atypical. They are typically brought by large corporations that employ defense teams to try and derail the victim's claim. Expert mesothelioma lawyers are able to stop these efforts and ensure that the case is moving forward.
If a mesothelioma suit is not filed within the timeframe the victim will be disqualified from receiving compensation. The statute of limitation differs from one state to another and also for personal injury claims as well as wrongful deaths it is different. If a victim, or their family member has questions about the statute of limitations, they should contact a mesothelioma legal firm as soon as possible to discuss their options. A mesothelioma lawyer will review the case to determine when to file it to maximize the chances of a successful result.
