Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation differs from state to state. The clock begins to tick from the date the patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).
A mesothelioma lawyer who's knowledgeable will know the state statute of limitations and how to speed up compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to the families of victims when they require it most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will enter the discovery phase. This is a crucial part of the legal procedure and can last for 3 to 4 months. During this time, lawyers will review the evidence provided to construct your mesothelioma case and gather additional information regarding asbestos exposure in your past. Your lawyer will question you and witnesses in the mesothelioma lawsuit. This could include both depositions in person and in writing. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will prepare you for these depositions.
A knowledgeable mesothelioma lawyer will use the data gathered during the discovery phase to determine which asbestos-related companies are accountable for your illness and injuries. Asbestos defendants may try to delay the process so that they can avoid paying compensation for damages caused due to their negligence. This is why it's important to retain mesothelioma lawyers who provide an experienced and affluent legal representation.
Asbestos victims typically receive significant financial compensation in settlements. Settlements are usually done prior to trial, thereby saving 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 seeking financial compensation. If a loved one of yours has passed away from mesothelioma spouses and heirs can have three years to make a claim for wrongful death to claim compensation on their behalf.
somerville mesothelioma lawyer of a mesothelioma lawsuit is to negotiate a pre-trial settlement or win an award in court. The American legal system tends to be tolerant of the asbestos victims which is why the majority of mesothelioma lawsuits end in settlements, rather than going to court.
Some mesothelioma settlement offers are made as soon as the trial begins, while others are only available once lawyers have a strong understanding of the strength of each case. The median verdict in a mesothelioma lawsuit is about $2 million. However, the majority of cases are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between a year and months to resolve. Many mesothelioma cases are settled without a court hearing. This is beneficial for victims as they can receive compensation much quicker than if they went through an extended trial and a lengthy verdict process. Settlements do not also require victims to file any appeals, which can linger on for years and cause delays to the payment of compensation.
The initial phase of mesothelioma cases is to gather evidence and details. A lawyer will look over the work history of a victim to pinpoint asbestos-related exposure and the companies responsible for their illness. Then the list of defendants is compiled. Multiple defendants can be listed based on the kind of mesothelioma, as well as the corporate involved.
Asbestos defendants don't want to settle large sums and may employ different strategies to avoid paying victims. They may attempt to hide evidence or deny medical records related to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these tactics and deter them.
A mesothelioma lawyer may also help victims shorten their legal timeline. If someone is terminally ill, they can file a motion for priority in the courtroom to speed up the legal process.
The statute of limitations is a different factor that can affect mesothelioma's timeline. States have laws that restrict the time a person has to make a claim. The injured party and their family members must act fast to prevent the statute of limitations from expiring.
Lawyers who specialize in mesothelioma can also accelerate the legal process by joining multidistrict litigation. MDLs bring similar asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case faster than if you filed separate lawsuits.
If the mesothelioma lawsuit process is successful, a verdict is reached within a few days of the trial phase. If the trial is complex and results in an unjust verdict, it could take up to a year, or up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families receive compensation without having to enter an in-courtroom. It is possible for the victims and their attorneys to settle a matter before a trial. Settlements can occur after the initial offer is made and the defendant is given a set number of days to decide, or even after a trial has begun.
In most instances the process of negotiating settlements involves an exchange of offers either by written correspondence or over the phone. This process can take several weeks, months, or even years. During this phase a mesothelioma lawyer who is skilled can assist their client in obtaining the maximum amount of amount of compensation they can get for their claim.
If a mesothelioma sufferer and their attorney are unable to reach a settlement in the negotiation process, they could go to mediation which is a third-party person who helps both sides to agree on a fair compensation amount. This can also take a while however, it is usually much shorter than waiting for a decision from a jury.
Asbestos manufacturers concealed the dangers of their products for years. In the end, many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. The victims could be entitled to compensation for funeral expenses, medical costs and lost wages.
Each case is unique, most mesothelioma lawsuits end with an agreement. Asbestos companies prefer to settle than risk a negative verdict at trial. They also understand that the preparation of a case for trial will take some time.
Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to expedite the process. Certain states, for instance, have statutes which guarantee a trial within a year. A mesothelioma lawyer with national recognition can assist patients in filing a claim in the state which will grant them the highest amount of compensation within the shortest amount of time. Certain states have laws that permit the statute of limitation 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 limitation does not expire before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma case. The verdict could provide compensation to the victims or their families. It may also determine whether or not a defendant is liable for a related asbestos-related injury or death.
The time it takes to reach a final decision will vary from case to. The amount that is awarded, the quality of evidence, and number of parties all affect how long it takes to resolve mesothelioma cases.
Asbestos patients should consult experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Lawyers will assist victims and their families to understand the complex legal procedures and deadlines. An attorney can ensure that the claim of a victim is not denied compensation due to the statute of limitations has run out.
After determining which mesothelioma case type is filed, victims or their lawyers will begin collecting all the necessary documentation. This includes mesothelioma diagnose records and proof of exposure.
Based on the particular situation, there could be several asbestos companies that are liable or trust funds that will compensate a 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 discover which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
Asbestos lawsuits are atypical. The lawsuits are usually brought by large corporations that employ teams of defense lawyers to attempt to stop the claim of the victim. Mesothelioma lawyers who are experienced know how to stop these attempts and keep the case moving forward.
The victim is not entitled to compensation if a mesothelioma lawsuit is not filed in time. The statute of limitations differs between states and the statute of limitations for personal injury and claims for wrongful deaths is different. If someone who is a victim, or a family member, has any concerns regarding the statute of limitations and should seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it in order to maximize the chance of a successful outcome.