Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different from one state to another. The clock starts ticking at the time that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands the limitations of state law and how to expedite the process to receive compensation as soon as is possible. A faster resolution means compensation comes when families and patients are in need of it most.
The Discovery Phase
After you have filed your mesothelioma suit, attorneys for both sides will go through 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 go through the evidence submitted to build your case for mesothelioma and gather additional information regarding asbestos exposure you've had in the past. Your attorney will interview you, as well as witnesses involved in the mesothelioma lawsuit. This could include both written and in person depositions. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will prepare you for these interviews.
A skilled mesothelioma lawyer will utilize the information collected during the discovery phase to determine which asbestos companies are accountable for your injuries and illnesses. Asbestos defendants try to delay the process so that they can avoid paying compensation for damages caused due to their negligence. It is therefore crucial to find a mesothelioma lawyer with experience and an aggressive approach.
Settlements are typically used to compensate asbestos victims financially. Many of these payouts are made before trial commences, which saves both parties a significant amount of time and anxiety.
Depending on the laws of your state and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs have up to three years in which to submit a wrongful death claim for compensation on their behalf.
A mesothelioma case is filed to win a court verdict or reach an agreement prior to trial. The American legal system is generally supportive of the victims of asbestos manufacturers this is why the majority of mesothelioma cases end with an agreement rather than going to trial.
Certain settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not made until attorneys have a good understanding of the strength and weaknesses of each party's claim. The median verdict in mesothelioma cases is about $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take months to a year to resolve. However, a lot of mesothelioma lawsuits end up in court. This is advantageous for the victims because they can receive compensation much faster than in the event of an extended trial and a lengthy verdict process. Settlements do not require that victims to file appeals that could take years and delay payment.
The first step in mesothelioma cases involves gathering evidence and information. A lawyer will review the victim's employment history to determine asbestos exposure as well as the companies responsible for their disease. Then the list of defendants is compiled. Multiple defendants may be listed depending on the type of mesothelioma as well as the companies involved.
Asbestos defendants don't want to pay out large settlements and may resort to different strategies to avoid paying victims. They may attempt to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal process. Someone who is terminally ill can file a priority motion in court to speed up the process of litigation.
The statute of limitations is yet another factor that affects the mesothelioma timeline. States have laws that restrict the time an individual must file an action. The injured party and their family members must act swiftly to stop the time limit from running out.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict lawsuit. MDLs group similar asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case more quickly than if you had filed separate lawsuits.
If the mesothelioma lawsuit procedure is smooth, a decision is reached within a few days of the trial phase. If the trial is complicated and results in an incorrect decision, it could take several months, or even up to one year, for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without having to step foot in a courtroom. This is because the victims and their lawyers can settle a case prior to the trial. Settlements can take place after the initial offer was made and the defendant has been given a certain number of days to reply or even after the trial.
In most cases the process of negotiating settlements involves a back and forth exchange of offers either by written correspondence or by phone. It can take months, weeks, or even years. In this stage, a knowledgeable mesothelioma lawyer can help their client receive the highest possible amount of compensation for their claim.
If the lawyer and the victim are unable to reach an agreement during these talks the two parties can then move to mediation. This is when a third party can help both sides to come up with an appropriate amount of compensation. This can also take some time but is typically quicker than waiting for a decision from a jury.
For decades, asbestos manufacturers concealed the dangers of their products. As a result, many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with a fatal disease, mesothelioma. They are eligible for compensation to pay for medical bills, funeral expenses and lost wages.
While each case is unique, most mesothelioma cases end in a settlement. Asbestos companies prefer to settle rather than risk a bad verdict in court. Moreover, they know that it will take a long time to prepare an argument for trial.
Asbestos-related lawsuits can be filed in the appropriate state and jurisdiction to expedite the process. For instance, certain states have statutes of limitation which guarantee a trial within one year. A mesothelioma lawyer with national recognition can help victims file in the state that will allow them to receive the most compensation within the shortest period of time. In addition, some states have laws that permit the statute of limitations to begin on a victim's diagnosis date or the date they passed away, not the date of their exposure. This is an excellent way to make sure that the statute of limitations does not expire before victims receive mesothelioma compensation.
Final Verdict
The mesothelioma lawsuit will end with a settlement or verdict. The verdict could provide compensation to victims or their families. It will also decide whether the defendant is accountable for a related asbestos-related injury or death.
The time needed to reach a decision can differ from case the case. South Bend mesothelioma attorneys that is awarded and the strength of evidence and the number of parties involved all affect how long it takes to resolve a mesothelioma case.
Asbestos victims need to hire an experienced lawyer as soon as they can in order to protect their rights throughout the mesothelioma lawsuit procedure. Lawyers can assist the families of victims to understand the complex legal procedures and deadlines. Lawyers can also ensure that the statute of limitations does not expire before the victim receives compensation.
After determining the type of mesothelioma suit, victims or their attorneys will start collecting all the documentation required for the claim. This includes mesothelioma diagnosis and proof of exposure.
In the event of a situation, there could be a variety of asbestos companies or trust funds that will compensate a victim for their asbestos-related injuries. The lawyer will examine the history of the victim's asbestos exposure to determine which companies could be responsible. They will also investigate which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
Asbestos lawsuits are distinct. The lawsuits are usually brought by large corporations that hire teams of defense attorneys to try and derail the claim of the victim. Mesothelioma lawyers who are experienced know how to stop these attempts and ensure that the case is moving forward.
The victim is not able to receive compensation if a mesothelioma claim is not filed on time. The statute of limitations varies from state to state, and the statute of limitations for personal injury and claims for wrongful death is different. If a victim or a family member have any questions regarding the statute of limitations and should contact a mesothelioma law firm immediately to discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it to increase the odds of a positive outcome.