Mesothelioma Lawsuit Timeline
The time limit for mesothelioma varies from one state to another. The clock begins to tick from the date of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful death).
A mesothelioma lawyer that is knowledgeable will know the statute of limitations for the state and how to speed up compensation to ensure that victims receive their compensation as quickly as they can. Compensation is available to victims and their families when they need it most.
The Discovery Phase
After a mesothelioma lawsuit is filed attorneys from both sides will begin 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 submitted to build your mesothelioma claim and collect additional information about asbestos exposure you have had in the past. Your lawyer will also question you and any witnesses involved in the mesothelioma lawsuit. 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 interviews.
A mesothelioma attorney will use the information gathered in the discovery phase to identify the asbestos companies that are accountable for your injury or illness. Asbestos defendants will attempt to delay the process to avoid paying compensation for damages caused by their negligence. This is why it's essential to hire mesothelioma lawyers who provide experienced and aggressive legal representation.
Asbestos victims are typically awarded significant financial compensation in settlements. Settlements are usually made before the trial, saving both parties time and stress.
Based on the laws of your state and statutes of limitation, you have one to five years from the date of diagnosis or discovery of your mesothelioma to file a suit for financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs have three years to submit a wrongful death claim to claim compensation on their behalf.
The aim of a mesothelioma suit is to negotiate a pre-trial settlement or win the case in court. The American legal system is generally sympathetic to asbestos manufacturers' victims this is why the majority of mesothelioma cases end with an agreement rather than going to trial.
Some settlement offers for mesothelioma can be immediately after the trial starts, while others are not made until attorneys have a clear understanding of the strengths and weaknesses of each party's claim. The median verdict in a mesothelioma lawsuit is about $2 million. However, most claims are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take months to a year to settle. However, many mesothelioma cases end up in court. This is advantageous for the victims because they can receive compensation much quicker than when they had to go through a lengthy trial and verdict process. Settlements do not also require victims to file appeals, which can linger on for a long time and delay the payment of compensation.
The initial stage of a mesothelioma suit is gathering evidence and information. A lawyer will review the employee's history to determine the extent of asbestos exposure and the companies responsible for their disease. Defendant lists are then created. Multiple defendants can be listed based on the kind of mesothelioma as well as the companies involved.
Santa Fe mesothelioma lawsuits may not be keen to pay large settlements, and they may employ a variety of ways to avoid paying victims. For instance, they may try to discredit medical records or conceal evidence related to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these tactics and thwart them.
A mesothelioma lawyer could assist victims in reducing their legal timeframe. If a person is terminally sick, they can file a motion for priority in the courtroom to speed up the legal process.
The statute of limitation is another factor that influences the timeframe for mesothelioma. This is because each state has laws that limit the amount of time a person can make a claim for compensation. The victims and their families must act swiftly to stop the statute of limitations from running out.
Mesothelioma lawyers can also expedite the legal process by submitting an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a much faster rate than if you filed an individual lawsuit.
If the mesothelioma litigation procedure goes smoothly the final verdict could be reached within days after completing the trial phase. If the trial is lengthy and results in an unjust verdict, it may take several months, or even up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families receive compensation without the need for a courtroom. This is because the victims and their lawyers are able to settle a case before the start of a trial. Settlements can occur after the initial offer is made and the defendant is given a certain number of days to decide or after a trial has started.
In most instances the process of negotiating settlements involves a back and forth exchange of offers either via written correspondence or via phone. This could take months, weeks or even years. During this stage, a mesothelioma attorney can help their client get the maximum compensation possible for their claim.
If the lawyer and the victim are unable to come to an agreement during these negotiations the two parties can then move to mediation. This is where a third party person helps both sides come to a fair compensation amount. It may take a while, but is usually much quicker than waiting for the verdict of the jury.
For a long time, asbestos producers kept a secret about the dangers that came with their products. Many workers, veterans, and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. This is a deadly cancer. These victims are eligible for compensation to cover funeral expenses, medical bills and lost wages.
Most mesothelioma cases are settled, even though every case is unique. Asbestos firms would rather settle rather than risk losing a verdict in court. They also know that making a case ready for trial will take some time.
Asbestos victims and their lawyers can also accelerate the process by filing lawsuits in the proper state and jurisdiction. For instance, certain states have statutes of limitation that allow for a trial to be held within one year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the jurisdiction where they can receive the most compensation within the shortest amount of time. Certain states have laws that allow for the statute of limitation to start on a victim's diagnosis date or their death, instead of the date of their exposure. This is an excellent way to make sure that the statute of limitations does not expire before patients receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict could provide compensation to victims or their families. It may also determine whether or not a defendant is responsible for an asbestos-related injury, or death.
The time required to reach a final verdict will vary from case to. 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 patients should consult experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist victims and their families understand the complicated legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation due to the statute of limitations has expired.
After determining the nature of mesothelioma suit, victims or their lawyers will start collecting all necessary documentation to support the claim. This includes mesothelioma-related diagnoses and proof of exposure.
Based on the specific circumstances, there could be several asbestos companies or trusts that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will research the history of exposure to asbestos and determine which companies are liable. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with.
Asbestos lawsuits are atypical. The lawsuits are usually brought by large companies who hire teams of defense attorneys to try and derail the claim of the victim. Experienced mesothelioma attorneys know how to defy these efforts and keep the lawsuit moving.
The victim is not able to receive compensation if a mesothelioma lawsuit is not filed in time. The statute of limitations differs from state to the next and also for personal injury claims and wrongful deaths, it's different. If someone who is a victim, or a family member has any questions regarding the statute of limitations or the time limit for filing a claim, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer with experience will examine the case and decide where to file it to maximize the chance of a successful outcome.