Mesothelioma Lawsuit Timeline
The mesothelioma time limit differs from state to state. The clock begins ticking off at the time of a patient's diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer who is experienced will understand the statute of limitations for the state and how to speed up compensation to ensure that victims receive compensation as quickly as they can. A faster resolution means that compensation is available when victims and their families are in need of it most.
The Discovery Phase
After you have filed your mesothelioma suit attorneys from both sides will go through the discovery phase. This is an essential part of the legal process, and usually lasts from 3-4 months. During this period lawyers will look over all evidence that has been provided to help build your case for mesothelioma and collect more details about asbestos exposure you have had in the past. Your lawyer will also question you and any witnesses who are involved in your mesothelioma case. This could involve both depositions in person or written. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will help you prepare for these interviews.
A mesothelioma lawyer who is skilled will use the information collected during the discovery phase to determine which asbestos-related companies are responsible for your illness and injuries. Asbestos defendants don't want to compensate for the harm caused by their negligence, therefore they will likely attempt to delay the process as long as possible. Therefore, it is essential to choose a mesothelioma attorney with experience and an aggressive approach.
Settlements are usually used to compensate asbestos victims financially. Settlements are typically done prior to trial, which saves both parties time and stress.
Based on the laws of your state and statutes of limitations, you have one to five years from the time of diagnosis or discovery of mesothelioma, to file a lawsuit seeking financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs are entitled to three years to file a wrongful death claim for compensation on their behalf.
Midland mesothelioma lawyer is filed to win a court verdict or reach a settlement prior to trial. The American legal system is known to be supportive of the victims of asbestos producers which is why the majority of mesothelioma cases result with settlements instead of going to court.
Some settlement offers for mesothelioma are made as soon as the litigation begins, while others are not announced until attorneys are aware of the strengths and weaknesses of each side's claim. The median mesothelioma verdict is around $2 million, however the majority of claims settle for far less than that amount.
The Trial Phase
Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a year to be resolved. However, many mesothelioma claims end up in the court. This is advantageous for the patients because they can receive compensation much quicker than would be the case if they went through an extended trial and a lengthy verdict process. Settlements do not also require victims to file appeals, which could drag on for years and cause delays to the payment of compensation.
The first step in mesothelioma cases is to gather evidence and information. A lawyer will look over a victim's work history to determine asbestos-related exposures and the companies that are responsible for their disease. Defendant lists are created. Based on a person's mesothelioma type as well as the companies that were involved, there could be multiple defendants listed in one claim.
Asbestos defendants don't want to make large settlements, and they may try different strategies to avoid paying victims. For example, they might try to discredit medical records or hide evidence of asbestos exposure. Our experienced mesothelioma attorneys know how to spot these strategies and stop them.
A mesothelioma lawyer can assist a victim in reducing their legal process. If a person is terminally ill, they can file a motion for priority in court to speed up the legal process.
The statute of limitations is yet another aspect that influences the mesothelioma timeline. This is because states have laws that limit the length of time it takes to make a claim for injury. The time limit for filing a claim is expiring, which means victims and their families must take action quickly.
Lawyers who specialize in mesothelioma could also accelerate the legal process by joining a multidistrict litigation. MDLs bring similar asbestos lawsuits to ensure faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a quicker rate than if you file separately.
If the mesothelioma litigation process is smooth, a decision is reached within a few days of the trial phase. If the trial is complicated 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 and their families are granted compensation without needing to enter a courtroom. It is possible for asbestos victims and their attorneys to settle a case before a trial. Settlements can be made after the initial offer has been made and the defendant is given a number of days to decide, or even after a trial has started.
In most cases, the settlement negotiation process involves a back and forth exchange of offers, either through written correspondence or by phone. It can take months, weeks or even years. During this time a mesothelioma lawyer who is skilled can assist their client in obtaining the maximum amount of amount of compensation for their claim.
If the lawyer and the victim are unable to reach an agreement during these negotiations and they are unable to reach an agreement, they can move to mediation. This is when an outside party helps both sides come to an appropriate amount of compensation. It may take a while however, it is generally quicker than waiting for the verdict of the jury.
Asbestos manufacturers concealed the dangers of their products for years. In the end, many workers, military veterans and family members of those exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. They are eligible for compensation to cover medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases settle, even though each case is unique. Asbestos companies prefer to settle than be at risk of a poor verdict in court. Furthermore, they are aware that it will take a long time to prepare the case for trial.
Asbestos victims and their attorneys can also speed up the process by filing lawsuits in the proper state and jurisdiction. For example, some states have statutes of limitations 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 in the shortest time. Some states have laws that permit the statute of limitations to begin at the victim's diagnosis date or their death date, rather than the date of their exposure. This is an excellent way to ensure the statute of limitations does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict could be awarded compensation to the victims or their families. It will also decide whether or not a defendant is accountable for an asbestos-related injury, or death.
The time it takes to reach a final verdict varies from case to case. The amount awarded, quality of the evidence and the number of parties affect the time it takes to settle mesothelioma cases.
Asbestos victims need to hire an experienced lawyer as soon as they can to ensure their rights throughout the mesothelioma lawsuit procedure. Attorneys can help families and victims to learn about the complex legal processes and deadlines. Lawyers can also ensure that the time limit does not expire before a victim receives compensation.
After determining which mesothelioma type of claim is filed, the victim or their lawyers will start collecting all the necessary documents. This includes mesothelioma diagnosis and proof of exposure.
Depending on the case, there could be a variety of asbestos companies or trust funds that compensate a 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 investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit against.
Asbestos-related lawsuits are not common. The lawsuits are usually brought by large companies who employ teams of defense lawyers to try to thwart the claim of the victim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward.
If a mesothelioma lawsuit is not filed in time the victim will be disqualified from receiving compensation. The time limit for filing a lawsuit varies between states and the statute of limitations for personal injury and claims for wrongful deaths is different. If a victim, or a family member has any questions regarding the statute of limitations and should seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer will look over the case and determine the best way to file it to maximize the chance of a successful result.