Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation is different from state to state. The clock starts ticking from the time a patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).
A mesothelioma lawyer who is knowledgeable will know the state statute of limitations and how to speed up compensation to ensure that victims receive compensation as soon as 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 begin the discovery phase. This is an essential phase of the legal process, and usually takes anywhere from 3 to 4 months. During this period, lawyers will review all evidence that has been provided to help build your mesothelioma case and gather additional information about the asbestos exposure you've experienced in the past. Your lawyer will conduct an interview with you and witnesses involved in the mesothelioma trial. This may include depositions in person and in writing. Our mesothelioma attorneys are seasoned in this aspect of the litigation and will prepare you for these interviews.
A mesothelioma attorney will use the information gathered in the discovery phase to identify the asbestos companies that are responsible for your injuries or illness. Asbestos defendants will try to delay the process in order to avoid paying compensation for damages caused through their negligence. It is therefore important to choose a mesothelioma attorney who has experience and a strong representation.
Asbestos victims typically receive substantial financial compensation through settlements. Many of these payouts are paid out before the trial is scheduled to take place which can save both parties a significant amount of time and anxiety.
Based on the laws of your state and statutes of limitations, you have one to five years from the date of diagnosis or discovery of your mesothelioma to file a suit for financial compensation. If a loved one of yours has died of mesothelioma spouses and heirs are entitled to up to three years in which to file a wrongful death claim for compensation on their behalf.
The aim of a mesothelioma lawsuit is to achieve an early settlement or the case in court. The American legal system is known to be tolerant of the victims of asbestos producers and that is the reason why the majority of mesothelioma cases result in settlements, rather than going to court.
Certain mesothelioma settlements are offered as soon as litigation begins. Others are only offered once attorneys have a strong understanding of the strength of each side's case. The median verdict in a mesothelioma lawsuit is approximately $2 million. However, most claims are settled for less.
The Trial Phase
Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a full year to be resolved. However, many mesothelioma claims are settled out 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 make appeals, which can take years to resolve and could delay the payment.
The first step in mesothelioma cases is to gather evidence and data. A lawyer will go over the history of employment of the victim to determine asbestos exposure and the companies responsible for their disease. The defendant lists are then compiled. Multiple defendants can be listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants are not eager to make large settlements and may resort to a variety of tactics to avoid paying victims. They might try to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these tactics and deter them.
A mesothelioma attorney can also assist a victim in reducing their legal timeframe. Someone who is terminally ill can file a priority motion in court to accelerate the process of litigation.
The statute of limitations is yet another factor that can affect a mesothelioma timeline. Santa Fe mesothelioma lawsuit is due to states having laws that limit the amount of time that a person has to make a claim for injury. The time-limit for filing claims is expiring, which means the victims and their families need to act fast.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining a multidistrict litigation. MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs and can take care of your case much faster than if you file separate lawsuits.
If the mesothelioma lawsuit procedure is smooth, a decision is reached within a few days after the trial phase. If the trial is complex and results in an unjust verdict, it may take several months, or up to one year for victims to get compensation.
Settlement Negotiations
Many asbestos victims, and their families are compensated without the need to go through a courtroom. This is because the victims and their lawyers can settle a case prior to the trial. Settlements can occur after the initial offer was made and the defendant has had a certain number of days to respond or even after the trial.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers in the settlement negotiation process, whether in writing or via phone. The process can last for weeks or months, or even years. During this stage an attorney for mesothelioma can help their client receive the most compensation they can for their claim.
If a mesothelioma victim and their attorney are unable to come to a settlement during these negotiations, they may proceed to mediation, which is a third-party person who assists both parties reach an agreement on a fair amount for compensation. It may take some time however, it is usually quicker than waiting for a verdict from a jury.
For decades, asbestos manufacturers hid the dangers associated with their products. Many workers, veterans, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma. It is the most deadly form of cancer. These victims are eligible for compensation to pay for funeral costs, medical bills and lost wages.
Although every case is different, the majority of mesothelioma cases end in a settlement. Asbestos companies prefer to settle rather than risk a negative verdict at trial. Moreover, they know that it will take a long time to prepare the case for trial.
Asbestos victims and their attorneys can also accelerate the process by filing lawsuits in the proper state and within the appropriate jurisdiction. For instance, some states have statutes of limitation that guarantee a trial within one year. A well-known mesothelioma law firm can help a victim file in the jurisdiction that will award them the most compensation within the shortest time. Some states have laws that allow for the statute of limitations to begin on a victim’s diagnosis date or their death date, rather than the date of their exposure. This is an excellent way to ensure that the statute of limitations does not run out before victims receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict may be awarded compensation to the victims or their families. It could also determine whether or not a defendant is liable for an asbestos-related injury, or death.
The time it takes to reach a decision will differ from case to case. The amount that is awarded, the strength of the evidence, and number of parties all influence how long it takes to settle a case of mesothelioma.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure that their rights are protected throughout the entire mesothelioma lawsuit process. Attorneys can help families and victims to learn about the complex legal processes and deadlines. A lawyer can help ensure that the claim of a victim is not denied compensation because the statute of limitations has run out.
Once they have determined the type of mesothelioma claim is filed, the victims or their lawyers will begin gathering all the required documentation. This includes mesothelioma diagnoses and evidence of exposure.
In the event of a case, there could be several asbestos companies that are liable or trust funds that compensate the victim for their asbestos-related harms. The lawyer will research the victim's exposure history and determine which companies are liable. They will also determine which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
The asbestos lawsuits are atypical. The lawsuits are usually brought by large companies who hire teams of defense attorneys to try and derail the victim's claim. Experienced mesothelioma lawyers know how to stop these efforts and ensure that the case is moving forward.
The victim isn't able to receive compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations varies from state to state, and the time limit for personal injury and claims for wrongful deaths is different. If a victim, or a family member has doubts regarding the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A knowledgeable mesothelioma attorney will examine the case and determine where to file it to maximize the chance of a successful outcome.