Mesothelioma Lawsuit Timeline Explained In Fewer Than 140 Characters
Mesothelioma Lawsuit Timeline
The time limit for mesothelioma varies from state to state. The clock starts ticking at the time a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A mesothelioma lawyer who is skilled will be aware of the state statute of limitations and how to speed up compensation to ensure that victims receive compensation as quickly as they can. A faster resolution means compensation is available when families and victims require it the most.
The Discovery Phase
After a mesothelioma lawsuit is filed attorneys from both sides will start the discovery phase. This is a crucial aspect of the legal process and can last for 3 to 4 months. During this time, lawyers will review the evidence provided to construct your mesothelioma case and gather additional information regarding asbestos exposure in the past. Your attorney will also interview witnesses, including you, involved in the mesothelioma lawsuit. This could involve both written and in person depositions. Our mesothelioma attorneys are seasoned in this area of litigation and will prepare you for these depositions.
A mesothelioma attorney will use the information gathered during the discovery phase to determine the asbestos-related companies accountable for your injury or illness. Asbestos defendants are not eager to pay compensation for the damage caused by their negligence, therefore they will likely attempt to delay the process as long as possible. This is why it is important to retain mesothelioma attorneys who have an experienced and affluent legal representation.
Asbestos victims typically receive substantial financial compensation via settlements. Settlements are typically done prior to trial, which saves both parties time and stress.
You have between one and five years, based on the state laws or statutes of limitation, starting from the day you were diagnosed with mesothelioma. If a loved one has died from mesothelioma within the last three years, their spouses or heirs are able to make a claim for compensation.
A mesothelioma case is filed in order to secure a court verdict or reach an agreement prior to trial. The American legal system tends to be supportive of the asbestos producers' victims which is why the majority of mesothelioma cases end in settlements, rather than going to court.
Certain mesothelioma settlements are offered as soon as trial begins, while others are only available once lawyers have a strong understanding of the strength of each party's case. The median mesothelioma trial verdict is around $2 million, but most cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take months to a year to settle. A majority of mesothelioma cases settle without a court hearing. It is beneficial for the victims to receive compensation quicker than those who had to go through the lengthy trial and verdict. Settlements do not require victims file appeals which could take years and delay the payment.
The initial phase of a mesothelioma lawsuit is gathering evidence and obtaining information. A lawyer will look over the employee's history to determine asbestos exposure as well as the companies responsible for their disease. Defendant lists are then created. Based on a person's mesothelioma diagnosis and the type of company that were involved, there may be multiple defendants listed in a single claim.
Asbestos defendants aren't eager to settle large sums and may resort to various strategies to avoid paying victims. They might try to hide evidence or conceal medical records related to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and thwart them.
A mesothelioma lawyer may assist a victim in reducing their legal process. A person who is terminally ill can file a priority motion in court to speed up the litigation 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 a person can make a claim for injury. The time-limit for filing claims is dwindling, so victims and their families have to act fast.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict litigation. MDLs bring similar asbestos lawsuits together for quicker processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a quicker rate than if you filed an individual lawsuit.
If the mesothelioma lawsuit procedure is successful, a verdict is reached within a few days after the trial phase. However, if the trial is lengthy and results in a wrongful verdict, it can take up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without having to step foot in the courtroom. It is possible for victims and their attorneys to settle a case prior to a trial. Settlements can happen after the initial offer has been made and the defendant is given a number of days to make a response or after a trial has begun.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers during the settlement negotiation process, via written correspondence or via phone. It can take months, weeks or even years. In this stage mesothelioma lawyers can help their client receive the highest 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 where an outside party helps both sides to come up with an acceptable amount of compensation. It may take a while however, it is generally faster than waiting for the verdict of a jury.
Asbestos manufacturers hid the dangers of their products for a long time. Many workers, veterans, and relatives of asbestos-exposed people have been diagnosed with mesothelioma, which is a deadly cancer. These victims may be eligible for compensation for medical expenses, funeral costs, and lost wages.
Each case is different, the majority of mesothelioma cases end in a settlement. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also understand that preparing a case for a trial will take time.
Asbestos victims and their attorneys can also speed up the process by filing a lawsuit in the right state and within the appropriate jurisdiction. For example, some states have statutes of limitation which guarantee a trial within one year. A well-known mesothelioma law firm can help a victim file in the state that will give them the highest amount of compensation in the shortest amount of time. Some states have laws that permit the statute of limitation to begin on a victim’s diagnosis date or death date, rather than their exposure dates. This is a great method to ensure that the statute of limitations will not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma lawsuit. The verdict may provide compensation to victims or their families. The verdict can also decide whether a defendant was responsible for an injury or death caused by asbestos.
The time it takes to reach a decision can differ from case case. The amount that is awarded, the strength of the evidence and the number of parties involved all affect how long it takes to settle a mesothelioma lawsuit.
Asbestos victims need to hire an experienced lawyer as soon as they can to protect their rights throughout the entire mesothelioma litigation process. Lawyers can assist families and victims learn about the complex legal processes and deadlines. Everett mesothelioma attorney can also ensure that the time limit does not expire before the victim receives compensation.
Once they have determined the type of mesothelioma lawsuit, the victims or their lawyers will begin gathering all the necessary documents for the claim. This includes mesothelioma diagnosis records and evidence of exposure.
In the event of a case, there could be several asbestos companies that are liable or trust funds that will compensate the victim for their asbestos-related harms. The lawyer will examine the history of the victim's asbestos exposure to determine which corporations could be responsible. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Asbestos lawsuits are atypical. They usually involve large corporations with teams of highly skilled defense attorneys paid substantial retainer fees to try and derail a victim's claim. Experienced mesothelioma lawyers know how to stop these attempts and ensure that the case is moving forward.
If a mesothelioma suit is not filed in time, the victim will be disqualified from receiving compensation. The time limit for filing a lawsuit differs from one state to the next, and for personal injury claims and wrongful deaths it is different. If a victim or their family member have any questions regarding the statute of limitations, they should contact a mesothelioma law firm as soon as possible to discuss their options. A mesothelioma lawyer can review the case to determine when to file it to maximize the chances of a successful result.