Mesothelioma Lawsuit Timeline
The time limit for mesothelioma is different between states. The clock starts ticking from the date that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who is experienced will understand the statute of limitations for the state and the best way to speed up compensation to ensure that victims receive their compensation as soon as possible. Compensation is available to victims and their families when they need it the most.
The Discovery Phase
Following the filing of a mesothelioma case attorneys from both sides will start the discovery phase. This is an important part of the legal procedure and can last from 3-4 months. During this time, lawyers will review all evidence that has been provided to help build your mesothelioma case and collect more details regarding asbestos exposure you've been exposed to in the past. Your attorney will also interview you and any other witnesses involved in the mesothelioma lawsuit. This could involve both depositions in person and in writing. Our mesothelioma attorneys are seasoned in this particular aspect of litigation and will help you prepare for these interviews.
A mesothelioma lawyer who is skilled will use the data collected during the discovery phase to determine which asbestos companies are accountable for your injuries and illness. Asbestos defendants will attempt to delay the process to avoid paying compensation for damages caused due to their negligence. It is therefore important to hire a mesothelioma lawyer with experience and an aggressive approach.
Settlements are often 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 limitation, you have one to five years from the date of diagnosis or the discovery of your mesothelioma to file a lawsuit for financial compensation. If your loved one has died from mesothelioma, spouses and heirs have three years to file a wrongful death claim for compensation on their behalf.
The aim of a mesothelioma lawsuit is to reach a pre-trial settlement or win the case in court. The American legal system is generally sympathetic to asbestos victims, which is why most mesothelioma lawsuits result in an agreement rather than going to trial.
Some mesothelioma settlement offers are offered as soon as litigation begins and others are only made available after lawyers have a strong understanding of the strength of each party's case. The median mesothelioma verdict is about $2 million, but the majority of claims settle for far less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit usually take between six months and a full year to resolve. However, many mesothelioma cases are settled out of court. This is advantageous for the patients because they are able to receive compensation faster than when they had to go through an extensive trial and verdict process. Settlements do not require victims file appeals which can take years and delay the payment.
The first phase of mesothelioma cases is to gather evidence and information. A lawyer will review the work history of a victim to pinpoint asbestos-related exposure and the companies that are responsible for their illness. Defendant lists are created. Based on a person's mesothelioma diagnosis and the type of company that were involved, there may be several defendants in a single claim.
Asbestos defendants might not be keen to pay large settlements and they might try a variety tactics to avoid paying victims. They may attempt to hide evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and how to stop them.
A mesothelioma lawyer may assist victims in reducing their legal timeframe. Someone who is terminally ill can file a priority motion in court to accelerate the process of litigation.
The statute of limitations is yet another aspect that influences mesothelioma's timeline. States have laws that limit the time that the person has to file a claim. The time-limit for filing claims is dwindling, so victims and their families must act fast.
Lawyers who specialize in mesothelioma could also accelerate the legal process by joining multidistrict litigation. MDLs can be used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs and can handle your case more quickly than if you had filed separate lawsuits.
If the mesothelioma lawsuit process goes well and a final verdict is reached, a decision can be reached within a matter of days after the trial phase. If the trial is complex and leads to a wrongful verdict, it could take a few months or up to an entire year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families, get compensation without the need for a courtroom. This is due to the fact that victims and their lawyers can settle a case prior to the start of a trial. Settlements can occur after the initial offer has been made and the defendant is given a number of days to decide or, in some cases, after the trial has begun.
Mesothelioma lawsuits typically involve a back and forth exchange of offers in the settlement negotiation process via written correspondence or via phone. This process could take weeks, months, or even years. During this time, a skilled mesothelioma lawyer can assist their client in obtaining the maximum amount of amount of compensation they can get for their claim.
If a mesothelioma patient and their attorney cannot come to a settlement during the negotiation process, they could proceed to mediation which is a third party person who assists both parties to agree on a fair amount of compensation. It may take a while however, it is generally quicker than waiting for a verdict of juries.
For decades, asbestos producers kept a secret about the dangers that came with their products. Many veterans, workers and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. This is the most deadly form of cancer. These people may be entitled to compensation for funeral expenses, medical costs and lost wages.
The majority of mesothelioma cases are settled, even though each case is unique. Asbestos companies prefer to settle than be at risk of a poor verdict in court. They also realize that the preparation of a case for trial can take a long time.
Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to accelerate the process. Certain states, like, have statutes which guarantee a trial within a year. A mesothelioma lawyer who is nationally recognized can assist patients in filing a claim in the jurisdiction that will allow them to receive the most compensation in the shortest 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, rather than the date of their exposure. This is a great way to ensure that the statute of limitations will not run out before victims receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict may provide compensation to victims or their families. The verdict can also decide whether a defendant is liable for a death or injury caused by asbestos.
The time it takes to reach the final verdict varies from case to case. charlotte mesothelioma attorneys of money awarded, the strength of the evidence, and the number of parties influence the time it takes to settle mesothelioma cases.
Asbestos victims need to hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the mesothelioma litigation process. Lawyers can assist victims and families learn about the complex legal processes and deadlines. Lawyers can also ensure that the time limit does not expire before a victim receives compensation.
Once they have determined the type of mesothelioma suit, victims or their attorneys will start collecting all necessary documentation to support the claim. This includes mesothelioma-related diagnosis records and evidence of exposure.
Based on the circumstances, there may be several asbestos companies or trusts which are liable and compensate a victim for their asbestos-related injuries. The lawyer will examine the history of the person's asbestos exposure to determine which corporations are liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
Asbestos lawsuits are distinct. The lawsuits are usually filed by large corporations who employ teams of defense lawyers to attempt to stop the victim's claim. Experienced mesothelioma attorneys know how to thwart these efforts and keep the lawsuit moving.
If a mesothelioma lawsuit is not filed in time, the victim will be disqualified from receiving compensation. The statute of limitation differs from one state to the next and also for personal injury claims and wrongful deaths it is different. If a victim, or their family member has questions regarding the statute of limitation and the time limit, they should contact a mesothelioma law firm immediately to discuss their options. A skilled mesothelioma attorney will examine the case and determine where to file it to maximize the chance of a positive outcome.