Mesothelioma Lawsuit Timeline
The mesothelioma time limit varies from state to state. The clock begins ticking off from the date of diagnosis (for personal injury claims) or death (for claims for wrongful death).
A knowledgeable mesothelioma lawyer is aware of the limitations of state law and how to speed up the process to receive the compensation as fast as is 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 on both sides will commence the discovery phase. This is a crucial aspect of the legal process and can last from 3-4 month. During this time, lawyers will review the evidence submitted to build your mesothelioma case and gather additional information regarding asbestos exposure you have had in the past. Your lawyer will conduct an interview with you as well as witnesses in the mesothelioma case. This may include depositions in person or written. Our mesothelioma attorneys are seasoned in this area of litigation and will prepare you for these interviews.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to identify the asbestos companies that are accountable for your injuries or illness. Asbestos defendants don't want to pay compensation for the harm caused by their negligence, and are likely to try to delay the process as long as possible. Therefore, it is essential to choose a mesothelioma attorney with experience and aggressive representation.
Asbestos victims are typically awarded substantial financial compensation via settlements. These settlements are often completed prior to the trial, thereby saving both parties time and stress.
Based on the laws of your state and statutes of limitation depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or the discovery of mesothelioma in order to file a suit for financial compensation. If a loved-one has passed away from mesothelioma in the last three years, their spouses or heirs may file a claim for compensation.
A mesothelioma lawsuit is filed to secure the verdict of a judge or to reach an agreement prior to trial. The American legal system is generally sympathetic to asbestos manufacturers' victims, which is why most mesothelioma lawsuits result in a settlement rather than going to trial.
Some settlement offers for mesothelioma can be immediately after the trial begins, while others are not made until attorneys have a clear understanding of the strength and weaknesses of each claim. The median verdict in mesothelioma cases is about $2 million. However, the majority of claims are settled for less.
The Trial Phase
Cases of mesothelioma that reach the trial phase of a lawsuit usually take between six months and a year to resolve. A majority of mesothelioma cases settle outside of court. It is advantageous for victims to receive compensation quicker than those who had to go through a lengthy trial and verdict. Settlements don't require victims to to file appeals that could take years and delay the payment.
The initial stage of a mesothelioma lawsuit involves gathering evidence and obtaining information. los angeles mesothelioma attorneys will examine the work history of a victim to determine asbestos-related exposures and the companies that are responsible for their disease. Then, a list of defendants is made. Based on the mesothelioma diagnosis and the type of company that were involved, there could be multiple defendants listed in a single claim.
Asbestos defendants aren't eager to settle large sums, and they may try various strategies to avoid paying victims. For example, they might attempt to defy medical records or conceal evidence relating to asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these tactics and thwart them.
A mesothelioma attorney can also help a victim shorten their legal process. Someone who is terminally ill can file a priority motion in court to speed up the litigation process.
The statute of limitations is a different factor that affects a mesothelioma timeline. States have laws that limit the time a person has to file a claim. The time-limit for filing claims is running out, so victims and their families must be quick to act.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict lawsuit. MDLs bring similar asbestos lawsuits together 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 trial process is successful, a final verdict can be obtained within days after the trial phase. If the trial is complicated and leads to an incorrect decision, it could take several months, or up to one year, for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families, are compensated without the need for a courtroom. It is possible for the victims and their attorneys to settle a matter before a trial. Settlements can be made after the initial offer has been made and the defendant has had a certain number of days to respond or even after the trial.
Mesothelioma lawsuits typically involve a back and forth exchange of offers in the settlement negotiation process whether in writing or via phone. It can take weeks, months or even years. During this phase, a knowledgeable mesothelioma lawyer can help their client receive the most lucrative amount of compensation they can get for their claim.
If the lawyer and the victim are unable to come to an agreement during the negotiations the two parties can then move to mediation. This is when an outside party helps both sides come to a fair compensation amount. It can take a bit of time but is generally faster than waiting for the verdict of the jury.
For a long time, asbestos producers kept a secret about the dangers that came with their products. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. These victims are eligible for compensation to pay for funeral costs, medical bills and lost wages.
Most mesothelioma cases are settled, even though every case is different. Asbestos companies prefer to settle rather than risk losing a trial verdict. They also know that it will take a long time to prepare an argument for trial.
Asbestos victims and their lawyers can also accelerate the process by filing lawsuits in the proper state and in the right jurisdiction. Some states, for example, have statutes that ensure a trial within one year. A nationally recognized mesothelioma law firm can help a victim file in the jurisdiction that will award them the most compensation within the shortest time. In addition, some states have special laws that permit the statute of limitations to begin on a victim's diagnosis date or when they passed away, not their exposure dates. This is an excellent way to make sure that the statute of limitations does not run out before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma lawsuit. The verdict could be awarded compensation to victims or their families. The verdict could also determine if a defendant was liable for an injury or death caused by asbestos.
The time required to reach a decision will differ from case to situation. The amount awarded and the strength of evidence and the number of parties involved all influence how long it takes to settle a mesothelioma matter.
Asbestos victims should seek out an experienced lawyer as soon as they can to ensure their rights throughout the entire mesothelioma lawsuit procedure. Attorneys will help victims and their families understand the complicated legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before a victim receives compensation.
After determining which type of mesothelioma claim is filed, victims or their lawyers will begin collecting all the necessary documents. This includes mesothelioma diagnose records and evidence of exposure.
Depending on the circumstances, there could be several asbestos companies or trusts that are responsible and will pay compensation to victims for asbestos-related injuries. The lawyer will examine the history of the victim's asbestos exposure to determine which corporations may be liable. They will also investigate which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit against.
Asbestos lawsuits are atypical. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees in order to stop a victim's claim. Expert mesothelioma lawyers know how to defy these efforts and keep the lawsuit going.
The victim will not be eligible for compensation if a mesothelioma claim is not filed in time. The statute of limitations varies from state to state, and the time limit for personal injury and wrongful death claims is different. If a victim or their family member have any questions about the statute of limitations and the time limit, they should contact a mesothelioma legal firm right away to discuss their options. A mesothelioma lawyer with experience will review the case and determine where to file it in order to maximize the chance of a favorable outcome.