Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation varies from state to state. The clock starts ticking at the time of diagnosis (for personal injury claims) or death (for wrongful death claims).
A skilled mesothelioma attorney understands the statutes of limitations in each state and how to speed up the process to receive compensation as quickly as possible. A faster resolution means compensation is available when victims and their families need it most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys from both sides will begin the discovery phase. This is an important part of the legal procedure and can last from 3-4 month. During this period lawyers will look over the evidence provided to help build your case for mesothelioma and gather additional information about the asbestos exposure you've experienced in the past. Your attorney will also speak with witnesses, including you, who are involved in your mesothelioma case. This may include written and in person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will help you prepare for these depositions.
A mesothelioma attorney will use the information gathered in the discovery phase to determine the asbestos companies that are responsible for your injuries or illness. Asbestos defendants are not eager to compensate you for the harm caused by their negligence, therefore they will likely attempt to delay the process as much as possible. This is why it is essential to hire a mesothelioma law firm with an experienced and affluent legal representation.
Settlements are usually used to pay compensation to asbestos victims financially. A lot of these settlements are made even before trial commences, which saves both parties a lot of time and stress.
You have between one to five years, based on the laws of your state or statutes of limitation, from the date you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma in the last three years, their spouses or heirs can make an application for compensation.
A mesothelioma lawsuit is filed to win an appeal or a settlement prior to trial. The American legal system is generally sympathetic to the victims of asbestos manufacturers, which is why most mesothelioma lawsuits end in the form of a settlement instead of going to trial.
Some mesothelioma settlement offers are offered as soon as litigation begins and others are only made available after lawyers have a clear understanding of the strength of each party's case. The median verdict in a mesothelioma lawsuit is approximately $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take between a year and months to settle. However, a lot of mesothelioma lawsuits are settled out of court. It is beneficial for the victims to receive compensation faster than if they had to go through the long trial and verdict process. Settlements do not also oblige victims to file appeals, which can linger on for years and cause delays to compensation payments.
The initial stage of a mesothelioma suit is gathering information and evidence. A lawyer will review a victim's work history to determine asbestos-related exposures and the companies responsible for their condition. The defendant lists are then compiled. Based on a person's mesothelioma type and which corporations were involved, there may be several defendants listed in a single claim.
Elgin mesothelioma lawyers YouTube don't want to pay out large settlements and may resort to a variety of tactics to avoid paying victims. For example, they might try to discredit medical records or conceal evidence related to asbestos exposure. Our mesothelioma lawyers are experienced in recognizing these tactics and strategies and how to stop them.
A mesothelioma lawyer may help a victim shorten their legal timeline. A person who is terminally sick can file a priority motion in court to speed up the litigation process.
The statute of limitation is another aspect that affects the timeline for mesothelioma. States have laws that limit how long a person must make an action. The victims and their families must act fast to prevent the statute of limitations from running out.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict lawsuit. MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs, and can handle your case much faster than if you filed separate lawsuits.
If the mesothelioma lawsuit process is smooth, a decision can be reached within days after the trial phase. If the trial is lengthy and leads to a wrongful verdict, it could take up to an entire year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without having to step foot in a courtroom. It is possible for asbestos victims and their attorneys to settle a case before a trial. Settlements can happen after the initial offer is made and the defendant is given a set number of days to decide or after the trial has begun.
Mesothelioma lawsuits typically involve a back-andforth exchange of offers during the settlement negotiation process, either through written correspondence or over the phone. It can take weeks, months or even years. During this stage an attorney for mesothelioma can assist their client in receiving the most compensation they can for their claim.
If the victim and their lawyer are unable to come to an agreement during these talks and they are unable to reach an agreement, they can move to mediation. This is when a third party can help both sides to come up with an acceptable amount of compensation. It may take some time however, it is usually much shorter than waiting for a decision from juries.
Asbestos manufacturers hid the dangers of their products for a long time. This is why many military veterans, workers and family members of those who were exposed to asbestos have been diagnosed with a fatal disease, mesothelioma. The victims can claim compensation to cover funeral costs, medical bills and lost wages.
The majority of mesothelioma cases are settled, even though each case is unique. Asbestos companies prefer to settle rather than risk a negative verdict at trial. They also understand that preparing a case for a trial will take time.
Asbestos-related lawsuits can be filed in the proper state and jurisdiction to expedite the process. Certain states, like, have statutes that guarantee a court trial within one year. A nationally recognized mesothelioma lawyer can help victims file in the state which will grant them the most compensation within the shortest time. Some states have laws that allow for the statute of limitations to start on a victim's diagnosis date or death date, not the date of their exposure. This is an excellent way to make sure that the statute of limitations will not expire before patients receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma lawsuit. The verdict could provide compensation to victims or their families. The verdict may also decide whether a defendant was responsible for the death or injury caused by asbestos.
The length of time required to reach the final verdict varies from case to case. The amount that is awarded, the quality of the evidence and the number of parties influence how long it takes to settle mesothelioma cases.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the entire mesothelioma litigation process. Attorneys will help victims and their families to understand the complex legal procedures and deadlines. A lawyer can also ensure that the statute of limitations does not expire before the victim receives compensation.
Once they have determined the type of mesothelioma lawsuit, the victims or their lawyers will begin collecting all necessary documentation for the claim. This includes mesothelioma diagnoses and evidence of exposure.
Depending on the circumstances, there could be many asbestos trusts or companies which are liable and compensate a victim for their asbestos-related injuries. The lawyer will investigate the history of exposure and determine which corporations are liable. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.
Asbestos lawsuits are unique. They typically involve large companies with teams of highly skilled defense attorneys paid substantial retainer fees to try to hinder a claim of a victim. Experienced mesothelioma lawyers know how to stop these efforts and keep the case moving forward.
The victim is not able to receive compensation if a mesothelioma claim is not filed on time. The statute of limitation varies from one state to the next and, for personal injury claims and wrongful deaths, it's different. If a victim, or their family member has questions regarding the statute of limitation, they should contact a mesothelioma legal firm right away to discuss their options. A mesothelioma lawyer will review the case and determine the best way to file it in order to maximize the chances of a successful result.