20 Insightful Quotes About Mesothelioma Lawsuit Timeline
Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations differs from state to state. The clock starts ticking from the date a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands state statutes of limitations and can speed up the process to receive compensation as quickly as possible. A quicker resolution means that compensation is available when the victims and their families are in need of it most.
The Discovery Phase
After you have filed your mesothelioma suit attorneys from both sides will enter the discovery phase. This is an essential phase of the legal process, and usually takes between 3 and 4 months. During this period, lawyers review the evidence submitted to create your mesothelioma claim and collect additional information regarding asbestos exposure in the past. Your lawyer will question you as well as witnesses in the mesothelioma lawsuit. This may include written and in-person depositions. Our mesothelioma lawyers are skilled in this aspect of the litigation and will help you prepare for these interviews.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to identify the asbestos-related companies responsible for your injuries or illness. Asbestos defendants don't want to compensate you for the harm caused by their negligence, so they are likely to try to delay the process as much as possible. 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. mesothelioma lawsuit settlements of these payouts are made even before the trial is scheduled to take place which can save both parties a significant amount of time and anxiety.
You have between one to five years, based on the laws of your state or statutes of limitation starting from the day you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma, spouses and heirs have up to three years in which to submit a wrongful death claim for compensation on their behalf.
The goal of a mesothelioma suit is to negotiate a pre-trial settlement or win an award in court. The American legal system is generally supportive of asbestos victims this is why the majority of mesothelioma lawsuits end in a settlement rather than going to trial.
Some mesothelioma settlement offers are offered as soon as litigation begins and others are only offered once attorneys have a strong understanding of the strength of each side's case. The mesothelioma average trial verdict is about $2 million, but most claims settle for far less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take months to a year to settle. However, many mesothelioma claims end up in the court. It is beneficial for the victims to receive compensation sooner than if they had to go through the lengthy trial and verdict. Settlements also do not require victims to file any appeals, which could drag on for a long time and delay compensation payments.
The first phase of mesothelioma cases involves gathering evidence and information. A lawyer will review a victim's work history to identify asbestos-related exposure and the companies that are responsible for their illness. Then a list of defendants is made. Multiple defendants can be listed based on the kind of mesothelioma, as well as the corporate involved.
Asbestos defendants may not be keen to pay large settlements, and they may try a variety of ways to avoid paying victims. They may try to conceal evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in identifying these tactics and ways to defeat them.
A mesothelioma lawyer may help a victim shorten their legal timeframe. A person who is terminally sick can file a priority motion in the court to speed up the litigation process.
The statute of limitations is another aspect that influences the timeframe for mesothelioma. This is due to states having laws that limit the length of time that a person has to make a claim for injury. The statute of limitations is dwindling, so victims and their families have to be quick to act.
Mesothelioma lawyers may also speed up the legal process by submitting an application to join a mesothelioma multidistrict litigation (MDL). MDLs join similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience handling MDLs and can manage your case at a faster rate than if you had filed a separate lawsuit.
If the mesothelioma lawsuit procedure goes smoothly, a verdict can be reached within days of the trial phase. If the trial is lengthy and results in an unjust verdict, it could take several months, or even up to one year, for 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 attorneys can settle a matter prior to a trial. Settlements can be made after the initial offer is made and the defendant is given a set number of days to decide or, in some cases, after a trial has begun.
Mesothelioma lawsuits typically involve a back and forth exchange of offers in the settlement negotiation process either through written correspondence or via phone. It can take months, weeks, or even years. During this phase, a skilled mesothelioma lawyer can help their client get the highest possible amount of compensation for their claim.
If the lawyer and the victim cannot reach an agreement during these negotiations the two parties can then move to mediation. This is when an outside party helps both sides come up with an appropriate amount of compensation. It can take a bit of time, but is usually much faster than waiting for the verdict of the jury.
For decades, asbestos producers concealed the dangers of their products. Many veterans, workers and family members of asbestos-exposed persons have been diagnosed with mesothelioma. It is which is a deadly cancer. They are eligible for compensation to cover funeral costs, medical bills and lost wages.
The majority of mesothelioma cases are settled, even though every case is different. Asbestos companies prefer to settle rather than risk a negative verdict in court. They also know that it will take time to prepare an argument for trial.
Asbestos victims and their attorneys can also accelerate the process by filing lawsuits in the proper state and jurisdiction. For instance, some states have statutes of limitation that guarantee a trial within one year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the jurisdiction that will allow them to receive the highest amount of compensation within the shortest period of time. Certain states have laws that allow the statute of limitation to begin on a victim’s diagnosis date or their death date, not their exposure dates. This is a great way to ensure the statute of limitations will not expire before the victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a final verdict or settlement. The verdict could award compensation to the victims or their families. The verdict may also decide whether a defendant was responsible for an injury or death caused by asbestos.
The time needed to reach a final decision can vary from case to the case. The amount of money awarded and the strength of evidence and the number of parties involved all influence the time it takes to settle a mesothelioma matter.
Asbestos victims should seek out an experienced lawyer as soon as they can to safeguard their rights throughout the mesothelioma lawsuit process. Lawyers can assist victims and families get a better understanding of the complex legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before a victim is able to receive compensation.
After determining which mesothelioma case type is filed, victims or their lawyers will start gathering all the required documentation. This includes mesothelioma diagnosis records and proof of exposure.
Based on the particular case, there could be multiple liable asbestos companies or trust funds that will compensate the victim for the asbestos-related injuries they sustained. The lawyer will look into the history of the victim's asbestos exposure to determine which corporations could be responsible. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with.
Lawsuits involving asbestos are unique. They typically involve large companies with teams of experienced defense lawyers paid large retainer fees to try and stop a victim's claim. Mesothelioma lawyers who are experienced know how to stop these attempts and keep the case moving forward.
If a mesothelioma suit is not filed by the deadline, the victim will be denied from receiving compensation. 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 any concerns regarding the statute of limitation, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer will look over the case to determine where to file it in order to maximize the chance of a successful outcome.