Watch This: How Mesothelioma Lawsuit Timeline Is Gaining Ground And What Can We Do About It
Mesothelioma Lawsuit Timeline
The mesothelioma time limit varies from state to state. The clock begins to tick from the time a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who's experienced will understand the statute of limitations in the state and the best way to speed up compensation to ensure that victims receive their compensation as quickly as they can. A faster resolution means compensation comes when families and victims need it most.
The Discovery Phase
After you have filed your mesothelioma suit attorneys from both sides will enter the discovery phase. This is an important part of the legal procedure and can last for 3 to 4 months. During this time, lawyers analyze the evidence submitted to create your mesothelioma case and gather additional information regarding asbestos exposure you have had in the past. Your lawyer will conduct an interview with you as well as any witnesses involved in the mesothelioma trial. garland mesothelioma attorneys could involve both depositions in person and in writing. Our mesothelioma attorneys are seasoned in this aspect of the litigation and will help you prepare for these interviews.
A mesothelioma lawyer will utilize the information gathered during the discovery phase to determine the asbestos companies accountable for your illness or injuries. Asbestos defendants will attempt to delay the process so that they can avoid paying compensation for the damages caused through their negligence. It is therefore important to choose a mesothelioma attorney with experience and aggressive representation.
Settlements are usually used to compensate asbestos victims financially. Many of these payouts are made before the trial takes place which saves both parties a lot of time and stress.
Based on the laws of your state and statutes of limitation depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or discovery of your mesothelioma to file a lawsuit for financial compensation. If a loved-one has passed away from mesothelioma during the past three years, their spouses or heirs may file a claim for compensation.
The aim of a mesothelioma case is to reach an agreement before trial or a verdict in the court. The American legal system tends to be tolerant of the asbestos victims which is why the majority of mesothelioma cases end in settlements, rather than going to court.
Certain mesothelioma settlements are made as soon as the trial begins, while others are only available once lawyers are aware of the strength of each case. The median verdict in mesothelioma cases is around $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between six months and a year to settle. However, many mesothelioma cases settle out of court. It is advantageous for victims to receive compensation quicker than if they had to go through the lengthy verdict and trial process. Settlements do not require that victims make appeals, which could take years and delay the payment.
The initial phase of mesothelioma cases is to gather evidence and information. A lawyer will go over the employee's history to determine asbestos exposure and companies responsible for their illness. Then the list of defendants is made. Depending 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 might not be keen to pay large settlements and they might try a variety strategies to avoid paying victims. For example, they might attempt to defy medical records or hide evidence related to asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these strategies and stop them.
A mesothelioma lawyer can also help victims shorten their legal process. 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 can affect the timeframe for mesothelioma. States have laws that limit the time a person has to make an action. The time limit for filing a claim is running out, so victims and their families have to take action quickly.
Mesothelioma lawyers can also speed up the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a faster rate than if you had filed an individual lawsuit.
If the mesothelioma litigation process goes well, a final verdict can be reached within days of reaching the trial phase. If the trial is complex and results in a wrong decision, it may take up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without ever having to step foot in the courtroom. It is possible for asbestos victims and their lawyers to settle a case before a trial. Settlements can take place after the initial offer was made and the defendant has had a specific amount of time to respond or even after the trial.
Mesothelioma lawsuits usually involve a back-andforth exchange of offers in the settlement negotiation process, via written correspondence or via phone. This can take months, weeks, or even years. During this phase, a knowledgeable mesothelioma lawyer can help their client get the most lucrative amount of compensation they can get for their claim.
If the victim and their lawyer are unable to come to an agreement during these talks the two parties can then move to mediation. This is where an outside party helps both sides come up with a fair compensation amount. This can also take time however, it is usually less time-consuming than waiting for a verdict from a jury.
Asbestos manufacturers hid the dangers of their products for decades. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. The victims can claim compensation to cover funeral expenses, medical bills and lost wages.
Each case is unique, most mesothelioma claims end in a settlement. Asbestos companies would rather settle rather than risk a negative verdict at trial. They also know that making a case ready for trial can take a long time.
Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to accelerate the process. For instance, certain states have statutes of limitation that guarantee a trial within one year. A nationally recognized mesothelioma law firm can help a victim file in the jurisdiction that will award them the most compensation within the shortest time. Additionally, certain states have special laws that allow the statute of limitations to begin at the victim's diagnosis date or the date they passed away, not their exposure dates. This is a great method to ensure that the statute of limitations does not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict could be awarded compensation to the victims or their families. The verdict may also decide whether a defendant is liable for an injury or death caused by asbestos.
The time required to reach a decision will differ from case to case. The amount that is awarded, the strength of the evidence and the number of parties involved all affect the time it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure that their rights are protected throughout the mesothelioma litigation process. Attorneys can help 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 expired.
Once they have determined the type of mesothelioma suit, victims or their lawyers will begin collecting all the documentation required for the claim. This includes mesothelioma diagnosis records and proof of exposure.
Depending on the circumstances, there could be many asbestos trusts or companies that are liable and will compensate the victim for their asbestos-related injuries. The lawyer will examine the victim's history of 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 file a claim against.
The asbestos lawsuits are atypical. They usually involve large corporations with teams of highly skilled defense lawyers paid large retainer fees to try to hinder a claim of a victim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward.
If a mesothelioma suit is not filed by the deadline the victim will be barred from receiving compensation. The statute of limitation varies from one state to another, and for personal injury claims as well as wrongful deaths it is different. If the victim, or family member has any questions about the statute of limitations, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer can review the case to determine where to file it to maximize the chance of a successful outcome.