Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations varies from state to state. The clock starts ticking at the time a patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).
A mesothelioma lawyer who is experienced will understand the statute of limitations in the state and how best to expedite compensation to ensure that victims receive compensation as soon as possible. A quicker resolution means that compensation is available when victims and their families are in need of it most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is a crucial aspect of the legal process and can last for 3 to 4 months. During this time, lawyers will examine the evidence submitted to create your mesothelioma lawsuit and gather additional information regarding asbestos exposure you have had in the past. Your lawyer will conduct an interview with you and witnesses in the mesothelioma trial. This could include both depositions in person or written. Our mesothelioma attorneys are seasoned in this particular aspect of litigation and will help you prepare for these interviews.
A mesothelioma lawyer will use the information gathered in the discovery phase to identify the asbestos-related companies responsible for your illness or injuries. Asbestos defendants may attempt to delay the process in order to avoid paying compensation for the damages caused by their negligence. This is why it's crucial to choose a mesothelioma law firm with experienced and aggressive legal representation.
Asbestos victims typically receive significant financial compensation in settlements. A lot of these settlements are made even before the trial takes place which can save both parties a great deal of time and stress.
You have between one and five years, depending on the state laws or statutes of limitation from the time you were diagnosed with mesothelioma. If a loved-one has died from mesothelioma within the last three years their spouses or heirs are able to make an application for compensation.
A mesothelioma case is filed to win the verdict of a judge or to reach a settlement before trial. The American legal system tends to be sympathetic to asbestos producers' victims, which is why the majority of mesothelioma cases end in settlements rather than going to court.
Some settlement offers for mesothelioma can be made immediately after the litigation begins, while others are not made until attorneys have a good understanding of the strengths and weaknesses of each claim. The mesothelioma average trial verdict is around $2 million, but the majority of cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit generally take months to a year to resolve. A majority of mesothelioma cases settle outside of court. This is advantageous for the victims as it allows them to receive compensation much faster than would be the case if they went through a lengthy trial and verdict process. Settlements don't require victims to make appeals, which could take years and delay payment.
The initial phase of a mesothelioma lawsuit involves gathering information and evidence. A lawyer will review the history of a patient's employment to pinpoint asbestos-related exposure and the companies that are responsible for their illness. Then, a list of defendants is created. Multiple defendants may be listed based on the type of mesothelioma, as well as the corporate involved.
Asbestos defendants might not be eager to pay large settlements, and they may try a variety of tactics to avoid paying victims. For example, they might try to discredit medical records or conceal evidence of asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and deter them.
A mesothelioma lawyer can also help victims shorten their legal process. If a person is terminally ill, they can submit a motion to have priority in the courtroom to speed up the litigation process.
The statute of limitation is another aspect that affects the timeline for mesothelioma. This is because states have laws that limit the amount of time it takes to make a claim for compensation. The injured party and their family members must act swiftly to stop the statute of limitations from expiring.
Mesothelioma lawyers can also expedite the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience handling MDLs and can manage your case at a faster pace than if you had filed an individual lawsuit.
If the mesothelioma lawsuit process is successful, a verdict is reached within a few days of the trial phase. If the trial is complicated and leads to a wrongful decision, it may take several months or up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families receive compensation without having to enter an in-courtroom. This is because the victims and their lawyers are able to settle a case prior to the start of a trial. Settlements can happen after the initial offer is made and the defendant is given a certain number of days to respond, or even after a trial has started.
In the majority of cases the process of negotiating settlements involves an exchange of offers either via written correspondence or via phone. This process could take weeks or months, and even years. During this time, a knowledgeable mesothelioma lawyer can assist their client in obtaining the most lucrative compensation for their claim.
If the lawyer and the victim are unable to reach an agreement during these negotiations and they are unable to reach an agreement, they can move to mediation. This is when a third party person helps both sides to come up with an appropriate amount of compensation. It can take some time but is generally quicker than waiting for the verdict of juries.
Asbestos producers hid the dangers of their products for a long time. Many workers, veterans, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma, which is a deadly cancer. They are eligible for compensation to cover medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases settle, even though each case is unique. Asbestos companies would rather settle than risk a negative verdict at trial. They also know that it will take 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, some 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 jurisdiction that will give them the highest amount of compensation within the shortest time. In Baltimore mesothelioma attorney , some states have laws that allow the statute of limitations to begin at the victim's diagnosis date, or when they died, rather than the date of their exposure. This is a great method to ensure that the statute of limitations does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma lawsuit. The verdict could provide compensation to victims or their families. The verdict can also decide whether a defendant was responsible for an injury or death caused by asbestos.
The length of time required to reach the final verdict varies from case to case. The amount that is awarded, the quality of evidence, and number of parties all have an impact on how long it takes to decide on a case of mesothelioma.
Asbestos victims should seek out an experienced lawyer as soon as they can in order to ensure their rights throughout the entire mesothelioma litigation process. Lawyers can assist victims and families understand the complicated legal procedures and deadlines. A lawyer can help ensure that a victim's claim is not denied compensation because the statute of limitations has run out.
After determining the type of mesothelioma lawsuit, the victims or their attorneys will start collecting all the documentation required for the claim. This includes mesothelioma diagnosis and proof of exposure.
Based on the specific 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 investigate the victim's exposure history and determine which corporations are liable. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.
The asbestos lawsuits are atypical. The lawsuits are usually filed by large corporations who employ defense teams to attempt to stop the victim's claim. 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 in time. The statute of limitations differs from state to state and the statute of limitations for personal injury and wrongful death claims is different. If a victim or a family member have any questions about the statute of limitations and should contact a mesothelioma lawyer firm right away to discuss their options. A skilled mesothelioma attorney will examine the case and determine where to file it to maximize the chance of a favorable outcome.