Mesothelioma Lawsuit Timeline
The mesothelioma time limit varies from state to state. The clock starts to tick from the time the patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).
A knowledgeable mesothelioma lawyer is aware of the statutes of limitations in each state and how to expedite the process of obtaining compensation as quickly as possible. A quicker resolution means that compensation comes when victims and their families need it most.
The Discovery Phase
After a mesothelioma lawsuit is filed, attorneys on both sides will commence the discovery phase. This is a crucial aspect of the legal process and can last for 3 to 4 month. During this period, lawyers analyze the evidence submitted to build your mesothelioma case and gather additional information regarding asbestos exposure in your past. Your attorney will also speak with witnesses, including you, involved in the mesothelioma lawsuit. This may include written and in person depositions. Our mesothelioma attorneys are seasoned in this particular aspect of litigation and will help you prepare for these depositions.
A mesothelioma lawyer who is skilled will use the data gathered during the discovery phase to determine which asbestos-related companies are accountable for your injuries and illnesses. Asbestos defendants attempt to delay the process so that they can avoid paying compensation for the damages caused due to their negligence. It is therefore important to choose a mesothelioma attorney with experience and aggressive representation.
Settlements are often used to pay compensation to asbestos victims financially. Settlements are typically made before the trial, thereby saving both parties time and stress.
You have between one and five years, based on the state laws or statutes of limitations, from the time you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma, spouses and heirs can have up to three years in which to make a claim for wrongful death to claim compensation on their behalf.
The purpose of a mesothelioma suit is to negotiate a pre-trial settlement or win an award in the court. The American legal system is generally supportive of asbestos manufacturers' victims and that is the reason why most mesothelioma lawsuits result in a settlement rather than going to trial.
Some settlement offers for mesothelioma are made as soon as the litigation begins, while others are not offered until lawyers have a clear understanding of the strength and weakness of each side's claim. The median mesothelioma trial verdict is about $2 million, however the majority of claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between a year and months to resolve. However, a lot of mesothelioma lawsuits end up in court. This is beneficial for victims because it allows them to receive compensation faster than would be the case in the event of an extended trial and a lengthy verdict process. Settlements don't require victims to to file appeals that could take years and delay the payment.
The initial stage of a mesothelioma suit is gathering evidence and obtaining information. A lawyer will review a victim's work history to determine asbestos-related exposures and the companies responsible for their condition. Then, a list of defendants is compiled. Based on a person's mesothelioma type and which corporations were involved, there may be several defendants listed in one claim.
Asbestos defendants may not be keen to pay large settlements and they may try a variety of ways to avoid paying victims. For instance, they could try to discredit medical records or conceal evidence of asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these strategies and stop them.
A mesothelioma lawyer can help a victim shorten their legal timeline. If a person is diagnosed as terminally ill, they can submit a motion to have priority in court to speed up the legal process.
The statute of limitations is another factor which affects the timeline for mesothelioma. States have laws that limit how long the person has to file an action. The time limit for filing a claim is expiring, which means the victims and their families need to take action quickly.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict litigation. MDLs bring similar asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case faster than if you file separate lawsuits.
If the mesothelioma trial process goes well, a final verdict can be obtained within days after the trial phase. However, if the trial is lengthy and leads to a wrongful verdict, it can take up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families are compensated without the need to go through an in-courtroom. It is possible for victims and their lawyers to settle a case before a trial. Settlements can be made after the initial offer has been made and the defendant is given a certain number of days to decide or after a trial has begun.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers in the settlement negotiation process either through written correspondence or over the phone. It can take months, weeks, or even years. In this stage mesothelioma lawyers can assist their client in receiving the highest amount of compensation for their claim.
If the lawyer and the victim are unable to come to an agreement during these talks, then they can proceed to mediation. round rock mesothelioma attorney is where a third party can help both sides come up with a fair compensation amount. It may take some time but is typically less time-consuming than waiting for a decision from the jury.
For a long time, asbestos producers kept a secret about the dangers that came with their products. Many veterans, workers and family members of asbestos-exposed people have been diagnosed with mesothelioma. It is the most deadly form of cancer. They are eligible for compensation to cover medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases settle, even though every case is unique. Asbestos companies prefer to settle rather than risk a negative verdict at trial. They also realize that the preparation of a case for trial can take a long time.
Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and within the appropriate jurisdiction. Certain states, for instance, have statutes that ensure a trial within one year. A nationally recognized mesothelioma law firm can assist victims in filing in the jurisdiction that can provide them with the highest compensation within the shortest time. In addition, some states have special laws that allow the statute of limitation to start on a victim's diagnosis date or when they passed away, not their exposure dates. This is a great method to ensure that the statute of limitation does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a final verdict or settlement. The verdict may award compensation to the victims or their families. The verdict may also decide whether a defendant is liable for the death or injury caused by asbestos.
The time required to reach the final verdict will vary from case to. The amount of money awarded, the strength of the evidence, and number of parties all have an impact on the time it takes to settle a case of mesothelioma.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to protect their rights throughout the entire mesothelioma litigation process. Lawyers can assist families and victims to learn about the complex legal processes and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before a victim receives compensation.
Once they have determined the type of mesothelioma suit, victims or their lawyers will start collecting all the documentation required to support the claim. This includes mesothelioma diagnoses and proof of exposure.
Depending on the situation, there could be multiple liable asbestos companies or trust funds that pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will look into the history of the victim's asbestos exposure to determine which corporations could be responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
Asbestos lawsuits are unique. They usually involve large corporations with teams of skilled defense attorneys paid substantial retainer fees to try to stop a victim's claim. Mesothelioma lawyers who are experienced are able to stop these efforts and keep the lawsuit moving forward.
If a mesothelioma claim is not filed within the timeframe the victim will be disqualified from receiving compensation. The statute of limitations differs from state to state, and the statute of limitations for personal injury and claims for wrongful deaths is different. If the victim, or family member, has any concerns regarding the statute of limitations and should seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer with experience will review the case and decide where to file it to maximize their chance of a positive outcome.