Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from state to state. The clock begins ticking off at the time of the diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer who is skilled will be aware of the state statute of limitations and the best way to speed up compensation to ensure that victims receive compensation as soon as possible. Compensation is available to victims and their families when they require it most.
The Discovery Phase
After filing your mesothelioma lawsuit, attorneys for both sides will begin the discovery phase. This is a crucial part of the legal process and can last from 3-4 month. During this period, lawyers will review all evidence submitted to build your mesothelioma case and gather additional information regarding asbestos exposure you've been exposed to in the past. Your lawyer will question you and witnesses in the mesothelioma case. This could include written and in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will use the information gathered during the discovery phase to determine the asbestos companies that are responsible for your illness or injuries. Asbestos defendants attempt to delay the process so that they can avoid paying compensation for damage caused through their negligence. Therefore, it is essential to find a mesothelioma lawyer with experience and aggressive representation.
Asbestos-related victims are usually awarded substantial financial compensation via settlements. Settlements are usually completed prior to the trial, saving both parties from stress and time.
You have between one and five years, based on the laws of your state or statutes of limitation from the date you were diagnosed with mesothelioma. If a loved one has passed away from mesothelioma in the last three years, their spouses or heirs are able to submit an application for compensation.
A mesothelioma suit is filed to secure an appeal or a settlement prior to trial. The American legal system is generally sympathetic to asbestos manufacturers' victims this is why the majority of mesothelioma cases end with an agreement rather than going to trial.
Some mesothelioma settlement offers are offered as soon as litigation begins. Others are only offered once attorneys have a strong understanding of the strength of each case. The mesothelioma average trial verdict is approximately $2 million, however the majority of cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take between six months and a year to settle. However, many mesothelioma cases end up in the court. It is advantageous for victims to receive compensation quicker than if they had to go through a long trial and verdict process. Settlements don't require victims to to file appeals that could take years and delay payment.
The first phase of mesothelioma cases involves gathering evidence and details. A lawyer will review the employee's history to determine the extent of asbestos exposure and the companies responsible for their disease. The defendant lists are then compiled. There may be multiple defendants listed based on the type of mesothelioma and the corporations involved.
Asbestos defendants might not be keen to settle large sums of money and they may try a variety of strategies to avoid paying victims. They may attempt to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and thwart them.
A mesothelioma lawyer may assist victims in reducing their legal timeframe. A person who is terminally sick can file a priority motion in court to speed up the litigation process.
The statute of limitations is yet another factor that affects a mesothelioma timeline. This is due to states having laws that limit the amount of time a person can make a claim for injury. The statute of limitations is expiring, which means the victims and their families need to act fast.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict litigation. MDLs join similar asbestos lawsuits together for 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 lawsuit process is smooth, a decision is reached within a few days after the trial phase. If the trial is complex and results in an incorrect verdict, it may take several months, or even up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families, are compensated without the need for an in-courtroom. This is due to the fact that victims and their lawyers can settle a matter prior to the trial. Settlements can be made after the initial offer has been made and the defendant is given a number of days to make a response, or even after the trial has begun.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process, via written correspondence or via phone. The process can last for weeks or months, or even years. In this stage mesothelioma lawyers can assist their client in receiving the maximum compensation possible for their claim.
If the victim and their lawyer cannot 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 come up with an appropriate amount of compensation. rockford mesothelioma lawyer can take a while, but it is often much shorter than waiting for a verdict from a jury.
For a long time, asbestos producers hid the dangers associated with their products. In the end, many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. The victims can claim compensation to cover funeral costs, medical bills and lost wages.
Each case is unique, most mesothelioma claims end in an agreement. Asbestos firms would rather settle rather than risk a negative verdict at trial. Moreover, they know that it will take time to prepare a case for trial.
Asbestos victims and their lawyers can also accelerate the process by filing an action in the correct state and in the right jurisdiction. Certain states, like have laws that ensure a trial within one year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the jurisdiction that will allow them to receive the highest amount of compensation within the shortest period of time. Additionally, certain states have laws that permit 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 will not expire before the victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma lawsuit. The verdict could be awarded compensation to victims or their families. The verdict could also determine whether a defendant was responsible for a death or injury caused by asbestos.
The time needed to reach a final decision can differ from case the case. The amount that is awarded, the strength of the evidence and the number of parties involved all affect how long it will take to resolve a mesothelioma case.
Asbestos victims need to hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the mesothelioma litigation process. Lawyers can assist families and victims to understand the complicated legal procedures and deadlines. A lawyer can also 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 attorneys will begin collecting all the necessary documents. This includes mesothelioma diagnosis and proof of exposure.
Depending on the circumstances, there may be various asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will examine the victim's history of asbestos exposure to determine which corporations could be responsible. They will also look into the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit against.
Lawsuits involving asbestos are unique. They typically involve large companies with teams of highly skilled defense lawyers paid large retainer fees in order to hinder a claim of a victim. Mesothelioma lawyers who are experienced know how to stop these attempts and keep the case moving forward.
If a mesothelioma claim is not filed within the timeframe, the victim will be denied from receiving compensation. The time limit for filing a lawsuit differs from state to another, and for personal injury claims as well as wrongful deaths, it's different. If someone who is a victim, or a family member, has any doubts regarding the statute of limitations or the time limit for filing a claim, they should immediately seek out a mesothelioma attorney to discuss their options. A skilled mesothelioma attorney will examine the case and decide where to file it to maximize the chance of a favorable outcome.