Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations is different from state to state. The clock starts ticking 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 speed up the process to get the compensation as fast as is possible. A faster resolution means that compensation is available when families and victims are in need of it most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys on both sides will commence the discovery phase. This is an essential phase of the legal process and often takes between 3 and 4 months. During this time lawyers will go through all evidence that has been submitted to build your mesothelioma claim and gather more information regarding asbestos exposure you've been exposed to 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 attorney will use the information gathered in the discovery phase to identify the asbestos companies that are accountable for your injuries or illness. Asbestos defendants may try to delay the process so that they can avoid paying compensation for the damages caused by their negligence. This is why it's crucial to choose a mesothelioma law firm with experienced and aggressive legal representation.
Asbestos victims are typically awarded significant financial compensation in settlements. Settlements are usually 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 time of diagnosis or discovery of your mesothelioma to file a lawsuit for financial compensation. If a loved one of yours has died of mesothelioma spouses and heirs can have three years to file a wrongful death claim for compensation on their behalf.
The goal of a mesothelioma case is to negotiate an early settlement or the case in the court. The American legal system is known to be tolerant of the asbestos victims which is why the majority of mesothelioma cases end in settlements rather than going to court.
Certain settlement offers for mesothelioma can be made immediately after the litigation begins, while others are not offered until lawyers have a clear understanding of the strength and weakness of each side's claim. The median verdict in a mesothelioma lawsuit is about $2 million. However, the majority of cases are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between a year and months to resolve. A majority of mesothelioma cases settle out of court. This is advantageous for the victims because it allows them to receive compensation much quicker than would be the case when they had to go through an extensive trial and verdict process. Settlements don't require victims to to file appeals that could take years and delay payment.
The first step in mesothelioma cases involves gathering evidence and information. A lawyer will look over the history of a patient's employment to pinpoint asbestos-related exposure and the companies that are responsible for their illness. Then the list of defendants is compiled. There may be multiple defendants listed based on the kind of mesothelioma and the corporations involved.
portsmouth mesothelioma attorneys may not be eager to pay large settlements, and they may try a variety of tactics to avoid paying victims. For example, they might attempt to defy medical records or hide evidence of asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these tactics and deter them.
A mesothelioma lawyer may help a victim shorten their legal timeframe. A person who is terminally sick can file a priority motion in the court to speed up the litigation process.
The statute of limitations is another factor which affects the timeline for mesothelioma. States have laws that limit the time that a person must make an action. Victims and their loved ones must act swiftly to stop the statute of limitations from expiring.
Mesothelioma lawyers may also speed up the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs join similar asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case much faster than if you file separate lawsuits.
If the mesothelioma litigation process goes well the final verdict could be reached within a matter of days after the trial phase. However, if the trial is lengthy and leads to a wrongful verdict, it could take up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families receive compensation without having to enter the courtroom. This is because the victims and their lawyers can settle a case before the start of a trial. Settlements can happen after the initial offer has been made and the defendant is given a set number of days to decide or after the trial has begun.
In most instances the settlement negotiation process involves a back and forth exchange of offers either by written correspondence or via phone. This can take months, weeks or even years. In this stage mesothelioma lawyers 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 talks the two parties can then move to mediation. This is where a third party person helps both sides to come up with a fair compensation amount. It may take a while but is generally quicker than waiting for the verdict of a jury.
Asbestos manufacturers hid the dangers of their products for years. Many workers, veterans, and family members of asbestos-exposed people have been diagnosed with mesothelioma, which is a deadly cancer. These victims are eligible for compensation to cover funeral costs, medical bills and lost wages.
While each case is different, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies prefer to settle than risk losing a trial verdict. They also know that it will take time to prepare a case for trial.
Asbestos-related lawsuits may be filed in the correct state and jurisdiction to speed up the process. For example, some states have statutes of limitation that guarantee a trial within one year. A mesothelioma lawyer who is nationally recognized can help victims file in the jurisdiction which will grant them the most compensation within the shortest time. Certain states have laws that permit the statute of limitations to begin on a victim’s diagnosis date or their death date, not the date of their exposure. This is a great method to ensure that the statute of limitations will not expire before the victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a final verdict or settlement. The verdict can provide compensation to the victims or their families. It could also determine whether the defendant is accountable for an asbestos-related injury or death.
The length of time it takes to reach a final decision will vary from case to. The amount awarded, strength of the evidence, and number of parties all influence how long it takes to resolve mesothelioma cases.
Asbestos victims need to hire an experienced lawyer as soon as they can to ensure their rights throughout the mesothelioma lawsuit procedure. Lawyers can assist families and victims to learn about the complex legal processes and deadlines. A lawyer can help ensure that the claim of a victim is not denied compensation because the statute of limitations has run out.
After determining the mesothelioma type of claim is filed, the victims or their lawyers will begin gathering all the required documentation. This includes mesothelioma diagnosis records and proof of exposure.
Depending on the case, there may be a variety of asbestos companies or trust funds that will compensate the victim for their asbestos-related harms. The lawyer will examine the history of the person's asbestos exposure to determine which corporations could be responsible. They will also look into which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Lawsuits involving asbestos are unique. They are typically filed by large corporations who employ teams of defense lawyers to try and derail the claim of the victim. Mesothelioma lawyers who are experienced know how to stop these tactics and keep the case moving forward.
The victim will not be eligible for compensation if a mesothelioma suit is not filed on time. The statute of limitation differs from one state to another and also for personal injury claims as well as wrongful deaths it is different. If the victim, or family member has questions regarding the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer can review the case to determine where to file it in order to maximize the chances of a successful result.