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Mesothelioma Lawsuit Timeline
The time limit for mesothelioma varies from state to state. The clock begins to tick from the date the patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A skilled mesothelioma attorney understands the statutes of limitations in each state and how to expedite the process to get the compensation as fast as is possible. A quicker resolution means that compensation comes when families and victims require 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 essential phase of the legal process and often takes between 3 and 4 months. During this time, lawyers will examine the evidence submitted to create your mesothelioma case and gather additional information regarding asbestos exposure in your past. Your lawyer will question you and witnesses involved in the mesothelioma lawsuit. This could include written and in-person depositions. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will prepare you for these depositions.
A knowledgeable mesothelioma lawyer will utilize the information gathered during the discovery phase to determine which asbestos-related companies are responsible for your injuries and illnesses. Asbestos defendants may try to delay the process to avoid paying compensation for the damages caused by their negligence. It is therefore important to find a mesothelioma lawyer with experience and aggressive representation.
Asbestos victims typically receive substantial financial compensation via settlements. These settlements are often done prior to trial, saving both parties time and stress.
You have between one and five years, depending on the state law or statutes of limitations, starting from the day you were diagnosed with mesothelioma. If a loved one of yours has died of mesothelioma spouses and heirs have three years to submit a wrongful death claim for compensation on their behalf.
A mesothelioma lawsuit is filed to win an appeal or a settlement prior to trial. The American legal system is generally supportive of asbestos manufacturers' victims and that is the reason why most mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Some settlement offers for mesothelioma settlements are made as soon as the litigation starts, while others are not made until attorneys have a good understanding of the strength and weaknesses of each claim. The median verdict in a mesothelioma case is approximately $2 million. However, the majority of cases are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take between six months and a year to be resolved. A majority of mesothelioma cases settle without a court hearing. This is advantageous to the patients because it allows them to receive compensation faster than if they went through an extended trial and a lengthy verdict process. Settlements do not require victims make appeals, which can take years and delay payment.
The first phase of a mesothelioma lawsuit involves gathering evidence and obtaining information. Lawyers will examine the history of a patient's employment to pinpoint asbestos-related exposure and the companies that are responsible for their disease. Then a list of defendants is compiled. Multiple defendants can be listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants might not be keen to pay large settlements and they may employ a variety of tactics to avoid paying victims. For instance, they may attempt to defy medical records or conceal evidence of asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these strategies and stop them.
A mesothelioma attorney can also assist victims in reducing their legal process. If a person is terminally sick, they may submit a motion to have priority in the courtroom to speed up the legal process.
The statute of limitations is another factor that can affect the mesothelioma timeline. States have laws that limit the time that an individual has to file a claim. The statute of limitations is running out, so the victims and their families need to be quick to act.
Beaumont mesothelioma lawsuit who specialize in mesothelioma can also accelerate the legal process by joining a multidistrict lawsuit. MDLs join similar asbestos lawsuits for quicker processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case more quickly than if you filed separate lawsuits.
If the mesothelioma litigation process goes smoothly, a verdict is reached within a few days of the trial phase. If the trial is lengthy and results in an unjust decision, it could take up to a year, or up to one year for victims to get compensation.
Settlement Negotiations
Many asbestos victims, as well as their families are compensated without the need to go through a courtroom. It is possible for victims and their attorneys to settle a matter prior to a trial. Settlements can be made after the initial offer is made and the defendant is given a certain number of days to make a response or, in some cases, after a trial has started.
Mesothelioma lawsuits typically involve a back-andforth exchange of offers during the settlement negotiation process either through written correspondence or via phone. This process can take several weeks or months, and even years. During this phase, a knowledgeable mesothelioma lawyer can help their client get the highest possible amount of compensation for their claim.
If the victim and their lawyer cannot reach an agreement during these negotiations, then they can proceed to mediation. This is when a third party person helps both sides come to an acceptable amount of compensation. This can also take a while, but it is often quicker than waiting for a decision from a jury.
Asbestos manufacturers concealed the dangers of their products for decades. Many veterans, workers, and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. This is a deadly cancer. These victims may be qualified for reimbursement for funeral expenses, medical costs and lost wages.
Most mesothelioma cases are settled, even though each case is different. Asbestos companies prefer to settle rather than risk a negative verdict in court. They also know that preparing a case for a trial can take a long time.
Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and jurisdiction. For instance, certain states have statutes of limitations which guarantee a trial within one year. A nationally recognized mesothelioma law firm can help a victim file in the state that will provide them with the highest compensation within the shortest time. In addition, some states have special laws that allow the statute of limitation to start on a victim's diagnosis date or when they passed away, not the date of their exposure. This is a great method to ensure that the statute of limitation does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma trial will conclude with a final settlement or verdict. The verdict may be awarded compensation to the victims or their families. The verdict could also determine whether a defendant is liable for a death or injury caused by asbestos.
The length of time it takes to reach a final verdict is different from case to case. The amount awarded, the strength of the evidence and the number of parties involved all impact the time it takes to settle a mesothelioma matter.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma litigation process. Lawyers will assist victims and their families to understand the complexities of legal procedures and deadlines. Lawyers can also ensure that the statute of limitations does not expire before a victim receives compensation.
After determining the nature of mesothelioma lawsuit, the victims or their attorneys will start collecting all the documentation required to support the claim. This includes mesothelioma-related diagnosis records and evidence of exposure.
Depending on the circumstances, there may be various asbestos trusts or companies that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will look into the victim's history of asbestos exposure to determine which corporations are liable. They will also determine which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
Asbestos lawsuits are unique. The lawsuits are usually brought by large companies who hire teams of defense attorneys to attempt to stop the claim of the victim. Experienced mesothelioma lawyers know how to stop these tactics and ensure that the case is moving forward.
If a mesothelioma lawsuit is not filed by the deadline the victim will be denied from receiving compensation. The statute of limitations differs between states and the time limit for personal injury and wrongful death claims is different. If a victim or a family member has any concerns about the statute of limitations and the time limit, they should contact a mesothelioma legal firm right away to discuss their options. A knowledgeable mesothelioma attorney will examine the case and determine where to file it to maximize their chance of a successful outcome.