Mesothelioma Lawsuit Timeline: 11 Thing That You're Failing To Do
Mesothelioma Lawsuit Timeline
The mesothelioma time limit differs from state to state. The clock begins ticking off from the date of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who's knowledgeable will know the state statute of limitations and how to speed up compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to families of victims and the affected when they require it most.
The Discovery Phase
After you have filed your mesothelioma suit, attorneys for both sides will go through the discovery phase. This is an essential phase of the legal process and typically takes between 3 and 4 months. During this period, lawyers will review all evidence provided to help build your case for mesothelioma and gather additional information about the asbestos exposure you've experienced in the past. Your lawyer will question you, as well as any witnesses involved in the mesothelioma case. This may include written and in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interview sessions.
A mesothelioma attorney will use the information gathered in the discovery phase to determine the asbestos companies that are responsible for your illness or injuries. Asbestos defendants don't want to pay compensation for the harm caused by their negligence, therefore they will likely attempt to delay the process as much as they can. Therefore, it is essential to find a mesothelioma lawyer with experience and aggressive representation.
Settlements are typically used to pay compensation to asbestos victims financially. A large portion of these settlements are made before the trial takes place which saves both parties a significant amount of time and anxiety.
You are entitled to between one and five years, depending 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 passed away from mesothelioma in the past three years and their spouses or heirs may submit an application for compensation.
A mesothelioma lawsuit is filed to win a court verdict or 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 a settlement rather than going to trial.
Certain settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not announced until attorneys have a clear understanding of the strength and weakness of each claim. The median verdict in a mesothelioma case is approximately $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between six months and a full year to resolve. However, Billings mesothelioma lawyers settle out of court. This is advantageous to the victims as it allows them to receive compensation much quicker than in the event of a lengthy trial and verdict process. Settlements also do not require victims to file any appeals, which can linger on for years and cause delays to compensation payments.
The first phase of a mesothelioma lawsuit is gathering evidence and obtaining information. A lawyer will review the history of a patient's employment to determine asbestos-related exposures and the companies responsible for their disease. 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 several defendants listed in one claim.
Asbestos defendants might not be eager to settle large sums of money and they might try a variety strategies to avoid paying victims. For instance, they could attempt to refute medical records or hide evidence of asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these tactics and deter them.
A mesothelioma attorney can also help a victim shorten their legal process. If someone is terminally sick, they may make a motion for priority in the courtroom to speed up the legal process.
The statute of limitation is another factor which affects the timeline for mesothelioma. This is because each state has laws that limit the amount of time it takes to file an injury claim. The statute of limitations is running out, so the victims and their families need to act fast.
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 for faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a much faster pace than if you file separately.
If the mesothelioma lawsuit process goes smoothly, a verdict can be reached within days of the trial phase. However, if the trial is complex and results in a wrong verdict, it can take several months or up to an entire year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families, are compensated without the need to go through the courtroom. It is possible for victims and their lawyers to settle a matter prior to a trial. Settlements can take place after the initial offer was made and the defendant has had a specific number of days to respond or even after the trial.
In most cases the settlement negotiation process involves an exchange of offers either via written correspondence or via phone. This process could take weeks or months, or even years. In this stage, a skilled mesothelioma lawyer can help their client get the maximum amount of amount of compensation for their claim.
If the lawyer and the victim are unable to reach an agreement during these negotiations, then they can proceed to mediation. This is when a third party person helps both sides come up with an acceptable amount of compensation. It may take a while, but is usually much quicker than waiting for a verdict of the jury.
Asbestos manufacturers hid the dangers of their products for decades. Many veterans, workers and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma, which is a deadly cancer. The victims can claim compensation to pay for funeral expenses, medical bills and lost wages.
Most mesothelioma cases are settled, even though every case is different. Asbestos companies prefer to settle than risk a negative verdict in court. They also know that making a case ready for trial will take time.
Asbestos victims and their attorneys can also accelerate the process by filing an action in the correct state and in the right jurisdiction. Certain states, like, have statutes that guarantee a court trial within a year. A mesothelioma lawyer who is nationally recognized can help victims file in the jurisdiction that will allow them to receive the most compensation in the shortest time. Some states have laws that allow the statute of limitations to begin at the victim's diagnosis date or 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 verdict or settlement. The verdict can provide compensation to the victims or their families. The verdict could also determine whether a defendant is liable for the death or injury caused by asbestos.
The time needed to reach a final decision can differ from case the case. The amount that is awarded and the strength of evidence and the number of parties involved all affect the time it takes to resolve a mesothelioma case.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist victims and their families to understand the complicated legal procedures and deadlines. A lawyer can ensure that a victim's claim is not denied compensation because the statute of limitations has expired.
After determining which mesothelioma case type is filed, victims or their attorneys will begin collecting all the necessary documentation. This includes mesothelioma diagnosis records and proof of exposure.
Depending on the case, there could be a variety of asbestos companies or trust funds that will compensate the victim for the asbestos-related injuries they sustained. The lawyer will research the victim's exposure history and determine which companies are responsible. They will also investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are unique. They usually involve large corporations with teams of skilled defense lawyers who pay substantial retainer fees to try to hinder a claim of a victim. Mesothelioma lawyers who are experienced know how to thwart these efforts and keep the lawsuit going.
The victim will not be entitled to compensation if a mesothelioma claim is not filed on time. The statute of limitations varies from state to state and the statute of limitations for personal injury and claims for wrongful death is different. If the victim, or family member, has any doubts regarding the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine where to file it to maximize the chance of a successful outcome.