Mesothelioma Lawsuit Timeline
The time limit for mesothelioma varies from one state to another. The clock starts ticking from the date a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A knowledgeable mesothelioma lawyer is aware of state statutes of limitations and how to expedite the process to receive compensation as soon as is possible. Compensation is available to families of victims and the affected when they need it most.
The Discovery Phase
After filing a mesothelioma suit attorneys on both sides will commence the discovery phase. This is a crucial part of the legal process, and usually lasts from 3-4 months. During this period lawyers will look over all evidence provided to help build your mesothelioma case and gather more information about asbestos exposure you have been exposed to in the past. Your attorney will also speak with you and any other witnesses involved in your mesothelioma claim. This may include depositions in person and in writing. Our mesothelioma lawyers are experienced in this area of litigation and will prepare you for these depositions.
A mesothelioma lawyer who is skilled will use the data collected during the discovery phase to determine which asbestos-related companies are responsible for your injuries and illness. Asbestos defendants attempt to delay the process so that they can avoid paying compensation for the damages caused due to their negligence. Therefore, it is essential to find a mesothelioma lawyer with experience and aggressive representation.
Settlements are usually used to compensate asbestos victims financially. joliet mesothelioma lawyer of these payouts are made even before the trial is scheduled to take place which saves both parties a lot of time and anxiety.
You have between one and five years, based on the state law or statutes of limitation from the date you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma during the past three years, their spouses or heirs are able to submit an action for compensation.
The purpose of a mesothelioma case is to negotiate an agreement before trial or a verdict in court. The American legal system is generally supportive of the victims of asbestos manufacturers and that is the reason why most mesothelioma lawsuits result in an agreement rather than going to trial.
Certain settlement offers for mesothelioma can be made as soon as the litigation commences, while other settlement offers are not offered until lawyers have a good understanding of the strength and weakness of each party's claim. The median mesothelioma trial verdict is about $2 million, but the majority of claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take between six months and a year to resolve. A majority of mesothelioma cases settle outside of court. This is advantageous to the victims as they are able to receive compensation much faster than if they went through an extensive trial and verdict process. Settlements do not require that victims to file appeals that can take years and delay payment.
The first phase of a mesothelioma case involves gathering evidence and details. A lawyer will review a victim's work history to determine asbestos-related exposures and the companies responsible for their illness. Defendant lists are then created. Based on a person's mesothelioma type as well as the companies that were involved, there may be several defendants in a single claim.
Asbestos defendants may not be eager to settle large sums of money and they may employ a variety of ways to avoid paying victims. For instance, they may attempt to defy medical records or conceal evidence of asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and strategies and how to stop them.
A mesothelioma lawyer can also assist patients in reducing their legal timeline. If a person is diagnosed as terminally ill, they can make a motion for priority in the courtroom to speed up the litigation process.
The statute of limitations is another aspect that affects the timeline for mesothelioma. This is due to states having laws that limit the amount of time a person can make a claim for injury. The injured party and their family members must act swiftly to stop the time limit from running out.
Mesothelioma lawyers may also speed up the legal process by making an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case faster than if you had filed separate lawsuits.
If the mesothelioma trial process goes well and a final verdict is reached, a decision can be reached within days after the trial phase. If the trial is lengthy and results in a wrong verdict, it could take several months or up to an entire year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims, as well as their families, get compensation without the need for a courtroom. It is possible for the victims and their attorneys to settle a matter prior to trial. Settlements can be made after the initial offer was made and the defendant has had a specific number of days to reply or even after the trial.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers in the settlement negotiation process either through written correspondence or via phone. This can take months, weeks, or even years. In this stage, a knowledgeable mesothelioma lawyer can help their client get the maximum amount of amount of compensation for their claim.
If the victim and their lawyer are unable to come to an agreement during these talks, then they can proceed to mediation. This is where a third party person helps both sides come up with an acceptable amount of compensation. It may take time however, it is usually quicker than waiting for a decision from juries.
Asbestos manufacturers hid the dangers of their products for decades. As a result, many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with a deadly mesothelioma disease. The victims could be qualified for compensation for funeral expenses, medical costs and lost wages.
Although every case is unique, most mesothelioma cases end in an agreement. Asbestos companies prefer to settle rather than be at risk of a poor verdict in court. Furthermore, they are aware that it will take a long time to prepare an argument for trial.
Asbestos victims and their attorneys can also accelerate the process by filing a lawsuit in the right state and jurisdiction. Some states, for example, have statutes which guarantee a trial within one year. A well-known mesothelioma law firm can assist a victim in filing in the jurisdiction that will provide them with the highest compensation within the shortest time. Certain states have laws that allow the statute of limitations to start on a victim's diagnosis date or death date, rather than the date of their exposure. This is an excellent way to ensure that the statute of limitations does not expire before victims receive mesothelioma compensation.
Final Verdict
The mesothelioma lawsuit will end with a final verdict or settlement. The verdict could award compensation to the victims or their families. The verdict could also determine if a defendant was liable for an injury or death caused by asbestos.
The time it takes to reach a final decision can vary from case to case. The amount that is awarded as well as the strength of the evidence and the number of parties involved all impact how long it takes to settle a mesothelioma matter.
Asbestos victims need to hire an experienced lawyer as soon as they can to safeguard their rights throughout the mesothelioma litigation process. Lawyers can assist victims and their families understand the complex legal procedures and deadlines. An attorney can ensure that a victim's claim is not denied compensation because the statute of limitations has run out.
After determining the nature of mesothelioma suit, victims or their lawyers will start gathering all the necessary documents for the claim. This includes mesothelioma-related diagnosis documents and proof of exposure.
Based on the particular situation, there could be several asbestos companies that are liable or trust funds that will pay a victim compensation for their asbestos-related injuries. The lawyer will research the victim's exposure history and determine which corporations are responsible. They will also investigate which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit against.
Asbestos lawsuits are unique. They usually involve large corporations with teams of experienced defense lawyers who pay substantial retainer fees in order to derail a victim's claim. Expert mesothelioma lawyers are able to stop these attempts and ensure that the case is moving forward.
The victim isn't able to receive compensation if a mesothelioma suit is not filed in time. The time limit for filing a lawsuit varies from one state to another, and for personal injury claims as well as the wrongful death of a person, it differs. If a victim, or their family member has questions regarding the statute of limitation, they should contact a mesothelioma legal firm right away to discuss their options. A mesothelioma lawyer will review the case to determine when to file it to increase the chances of a successful outcome.