Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations varies from state to state. The clock starts ticking from the date of diagnosis (for personal injury claims) or death (for claims for wrongful death).
A skilled mesothelioma attorney understands state statutes of limitations and can speed up the process of obtaining compensation as soon as is possible. Compensation is available to families of victims and the affected when they need it the most.
The Discovery Phase
After a mesothelioma lawsuit is filed attorneys from both sides will begin the discovery phase. This is an essential phase of the legal process and typically lasts from 3-4 months. During this time, lawyers examine the evidence submitted to create your mesothelioma case and gather additional information regarding asbestos exposure you have had in the past. Your attorney will interview you as well as witnesses involved in the mesothelioma lawsuit. This could include written or in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interviews.
A mesothelioma attorney will use the information gathered during the discovery phase to identify the asbestos companies accountable for your injuries or illness. Asbestos defendants attempt to delay the process so that they can avoid paying compensation for damages caused due to their negligence. It is therefore crucial to hire a mesothelioma lawyer who has experience and a strong representation.
Asbestos-related victims are usually awarded substantial financial compensation via settlements. A lot of these settlements are paid out before the trial is scheduled to take place which saves both parties a significant amount of time and anxiety.
You have between one and five years, based on the state laws or statutes of limitations, from the date 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 are able to submit an application for compensation.
A mesothelioma case is filed to win an appeal or an agreement prior to trial. The American legal system is known to be sympathetic to asbestos 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 litigation begins. Others are only made available after lawyers have a strong understanding of the strength of each party's case. The median verdict in a mesothelioma case is approximately $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take between six months and a year to resolve. However, a lot of mesothelioma lawsuits are settled out of the court. This is advantageous for the victims because they can receive compensation much faster than when they had to go through an extensive trial and verdict process. Settlements do not require victims to file 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 look over a victim's work history to identify asbestos-related exposure and the companies responsible for their illness. Defendant lists are then created. Based on the mesothelioma type and which corporations were involved, there could be multiple defendants in a single claim.
Asbestos defendants are not eager to pay out large settlements, and they may try different strategies to avoid paying victims. For example, they might try to discredit medical records or hide evidence relating to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and deter them.
A mesothelioma lawyer can also assist patients in reducing their legal timeframe. Anyone who is sick can file a prior motion in court to speed up the process of litigation.
The statute of limitations is another factor which affects the timeline for mesothelioma. Turlock mesothelioma lawyer have laws that limit how long a person must make a claim. The time limit for filing a claim is running out, so victims and their families must take action quickly.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining multidistrict litigation. MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience in handling MDLs and is able to manage your case at a much faster pace than if you had filed an individual lawsuit.
If the mesothelioma lawsuit procedure is successful, a verdict may be reached within days after the trial phase. However, if the trial is complicated and leads to a wrongful verdict, it can take a few months or up to a year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without ever needing to go into the courtroom. It is possible for victims and their lawyers to settle a case prior to 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 the trial has begun.
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 mesothelioma lawyer who is skilled can assist their client in obtaining the maximum amount of compensation for their claim.
If a mesothelioma victim and their lawyer are unable to come to a settlement during the negotiations, they can go to mediation which is a third-party person who assists both parties to agree on a fair amount of compensation. It can take some time but is typically quicker than waiting for a decision from a jury.
Asbestos manufacturers concealed the dangers of their products for a long time. This is why many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with a deadly mesothelioma disease. They are eligible for compensation to pay for medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases settle, even though every case is unique. Asbestos companies prefer to settle than risk a bad verdict in court. Moreover, they know that it will take a long time to prepare a case for trial.
Asbestos victims and their lawyers can also speed up the process by filing a lawsuit in the right state and within the appropriate jurisdiction. Some states, for example, have statutes that ensure a trial within one year. A internationally recognized mesothelioma lawyer can assist a victim in filing in the jurisdiction that will award them the most compensation in the shortest amount of time. Additionally, certain states have special laws that allow the statute of limitation to begin at the victim's diagnosis date or when they died, instead of their exposure dates. This is an excellent way to ensure that the statute of limitations does not expire before patients receive mesothelioma settlements.
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 could also determine if a defendant was liable for a death or injury caused by asbestos.
The amount of time it takes to reach the final verdict will vary from case to. The amount that is awarded, the strength of the evidence and the number of parties involved all influence how long it takes to resolve a mesothelioma case.
Asbestos victims should hire experienced lawyers as soon as they can to ensure that their rights are protected throughout the entire 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 due to the statute of limitations has run out.
After determining which mesothelioma case type is filed, the victim or their attorneys will begin collecting all the necessary documentation. This includes mesothelioma-related diagnoses and proof of exposure.
Based on the circumstances, there may be several asbestos companies or trusts that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will investigate the victim's exposure history and determine which corporations are liable. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with.
Asbestos lawsuits are unique. They are typically brought by large corporations that employ teams of defense lawyers to try to thwart the victim's claim. Experienced mesothelioma lawyers know how to stop these tactics and ensure that the case is moving forward.
If a mesothelioma claim is not filed by the deadline the victim will be disqualified from receiving compensation. The statute of limitations varies from state to state and the statute of limitations for personal injury and wrongful death claims is different. If someone who is a victim, or a family member, has any questions about the statute of limitations, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer can review the case to determine when to file it in order to maximize the odds of a positive outcome.