Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations differs from state to state. The clock begins to tick from the date a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands state statutes of limitations and how to expedite the process to receive the compensation as fast as is possible. A quicker resolution means that compensation is available when the families and victims require it the most.
The Discovery Phase
After a mesothelioma lawsuit is filed, attorneys from both sides will begin the discovery phase. This is a crucial part of the legal procedure and can last from 3-4 months. During this time, lawyers will analyze the evidence provided to construct your mesothelioma case and gather additional information about asbestos exposure you have had in the past. Your lawyer will also question you and any witnesses involved in your mesothelioma claim. This may include written and in person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will utilize the information gathered during the discovery phase to determine the asbestos companies responsible for your illness or injuries. Asbestos defendants will attempt to delay the process in order to avoid paying compensation for damages caused due to their negligence. It is therefore important to find a mesothelioma lawyer with experience and an aggressive approach.
Asbestos victims typically receive substantial financial compensation through settlements. Many of these payouts are made before trial commences, which saves both parties a great deal of time and stress.
You are entitled to between one to five years, based on the state laws or statutes of limitation, from the date you were diagnosed with mesothelioma. If a loved one of yours has died of mesothelioma spouses and heirs are entitled to three years to file a wrongful death claim to claim compensation on their behalf.
The purpose of a mesothelioma lawsuit is to reach a pre-trial settlement or win the case in the court. The American legal system tends to be tolerant of the asbestos victims, which is why the majority of mesothelioma cases result in settlements rather than going to court.
Certain mesothelioma settlements are offered as soon as litigation begins and others are only available once lawyers have a strong understanding of the strength of each side's case. The median mesothelioma verdict is approximately $2 million, but most claims settle for much less than that.
The Trial Phase
Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a full year to settle. A majority of mesothelioma cases settle without a court hearing. This is advantageous for the patients because it allows them to receive compensation much faster than would be the case if they went through a lengthy trial and verdict process. Settlements do not require that victims make appeals, which can take years and delay the payment.
The initial stage of a mesothelioma lawsuit is gathering evidence and obtaining information. A lawyer will look over the employee's history to determine the extent of asbestos exposure and companies responsible for their illness. Then a list of defendants is compiled. Depending on a person's mesothelioma diagnosis and the type of company that were involved, there may be multiple defendants listed in one claim.
Asbestos defendants may not be keen to pay large settlements, and they might try a variety strategies to avoid paying victims. They may attempt to hide evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers are skilled in identifying these tactics and strategies and how to defeat them.
A mesothelioma attorney can also help a victim shorten their legal timeline. Anyone who is sick can file a prior motion in court to accelerate the litigation process.
The statute of limitations is yet another aspect that influences the mesothelioma timeline. This is because each state has laws that limit the length of time it takes to make a claim for injury. The time limit for filing a claim is dwindling, so victims and their families have to take action quickly.
Lawyers who specialize in mesothelioma can also accelerate the legal process by joining a multidistrict litigation. MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a quicker rate than if you file separately.
If the mesothelioma lawsuit procedure is successful, a verdict can be reached within days of the trial phase. If the trial is complicated and results in an incorrect decision, it could take several months, or even up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever having to step foot in a courtroom. This is because the victims and their lawyers are able to settle a matter prior to the trial. Settlements can happen after the initial offer is made and the defendant is given a number of days to respond or after the trial has begun.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process via written correspondence or over the phone. It can take months, weeks or even years. During this time, a skilled mesothelioma lawyer can assist their client in obtaining the maximum amount of compensation for their claim.
If the lawyer and the victim are unable to come to an agreement during these talks, then they can proceed to mediation. This is when a third party can help both sides to come up with an appropriate amount of compensation. It may take time but is typically much shorter than waiting for a decision from the jury.
Asbestos manufacturers concealed the dangers of their products for years. As a result, many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. These victims are eligible for compensation to pay for medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases are settled, even though every case is different. Asbestos companies would rather settle than risk losing a verdict in court. They also know that it will take time to prepare an argument for trial.
Asbestos victims and their attorneys can also speed up the process by filing an action in the correct state and in the right jurisdiction. Some states, for example, have statutes which guarantee a trial within one year. A internationally recognized mesothelioma lawyer can assist victims in filing in the jurisdiction that will provide them with the highest compensation within the shortest time. Additionally, certain states have special laws that allow the statute of limitations to begin on a victim's diagnosis date or the date they died, instead of the date of their exposure. This is an excellent method to ensure that the statute of limitations will not expire before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict may award compensation to victims or their families. sandy mesothelioma attorneys will also decide whether the defendant is accountable for an asbestos-related injury, or death.
The time it takes to reach a final decision will differ from case to situation. The amount that is awarded, the strength of the evidence, and the number of parties influence how long it takes to decide on a case of mesothelioma.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to protect their rights throughout the entire mesothelioma lawsuit procedure. Lawyers will assist victims and their families understand the complex legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation because the time limit has expired.
After determining 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.
Based on the circumstances, there may be various asbestos trusts or companies which are liable and compensate the victim for their asbestos-related injuries. The lawyer will look into the history of exposure to asbestos and determine which companies are responsible. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.
Asbestos lawsuits are atypical. They typically involve large companies with teams of highly skilled defense attorneys paid substantial retainer fees to try and hinder a claim of a victim. Experienced mesothelioma attorneys are able to stop these attempts and keep the lawsuit moving forward.
If a mesothelioma claim is not filed within the timeframe, the victim will be disqualified from receiving compensation. The time limit for filing a lawsuit varies from one state to another and, for personal injury claims as well as the wrongful death of a person, it differs. If a victim or their family member has any concerns regarding the statute of limitations, they should contact a mesothelioma legal firm as soon as possible to discuss their options. A mesothelioma lawyer will review the case to determine when to file it to increase the chance of a successful result.