Mesothelioma Lawsuit Timeline
The mesothelioma time limit varies from state to state. The clock begins to tick from the time that a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A skilled mesothelioma attorney understands the statutes of limitations in each state and can speed up the process to get compensation as quickly as possible. A quicker resolution means that compensation is available when the families and patients need it most.
The Discovery Phase
After filing your mesothelioma lawsuit, attorneys for both sides will enter the discovery phase. This is an essential phase of the legal process, and usually takes between 3 and 4 months. During this time, lawyers analyze the evidence submitted to build your mesothelioma lawsuit and gather additional information regarding asbestos exposure in the past. Your lawyer will conduct an interview with you and any witnesses involved in the mesothelioma trial. This could include both depositions in person or written. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interview sessions.
A mesothelioma lawyer who is skilled will use the data collected during the discovery phase to determine which asbestos companies are responsible for your injuries and illness. Asbestos defendants are not eager to pay compensation for the harm caused by their negligence, therefore they will likely attempt to delay the process as long as possible. Therefore, it is essential to hire a mesothelioma lawyer with experience and an aggressive approach.
Settlements are usually used to pay compensation to asbestos victims financially. Settlements are usually made before the trial, saving both parties time and stress.
You are entitled to 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 died from mesothelioma, spouses and heirs have up to three years to make a claim for wrongful death to claim compensation on their behalf.
A mesothelioma suit is filed to secure the verdict of a judge or to reach a settlement before trial. The American legal system is generally supportive of asbestos victims this is why the majority of mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Some settlement offers for mesothelioma are made as soon as the litigation begins, while others are not made until attorneys have a clear understanding of the strength and weaknesses of each claim. The median verdict in mesothelioma cases is around $2 million. However, the majority of cases are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take anywhere from a few months to a full year to settle. Many mesothelioma cases are settled out of court. This is advantageous for the victims because they are able to receive compensation much faster than would be the case in the event of an extensive trial and verdict process. Settlements don't require victims to file appeals which can take years and delay payment.
The first phase of a mesothelioma case involves gathering evidence and information. Spokane mesothelioma lawyer will go over the history of employment of the victim to determine asbestos exposure as well as companies responsible for their illness. Then, a list of defendants is compiled. There may be multiple defendants listed based on the type of mesothelioma and the corporations involved.
Asbestos defendants are not eager to settle large sums and may resort to different strategies to avoid paying victims. They may try to conceal evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and deter them.
A mesothelioma lawyer may help a victim shorten their legal process. Someone who is terminally sick can file a prior motion in court to accelerate the litigation process.
The statute of limitations is another aspect that influences the timeframe for mesothelioma. This is because states have laws that limit the amount of time it takes to file an injury claim. Victims and their loved ones must act quickly to prevent the time limit from running out.
Mesothelioma lawyers can also speed up the legal process by submitting a request to join a mesothelioma multidistrict litigation (MDL). MDLs bring similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience in handling MDLs and is able to handle your case at a faster pace than if you filed an individual lawsuit.
If the mesothelioma trial process goes well the final verdict could be obtained within days after completing 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, as well as their families, receive compensation without the need to go through the courtroom. This is because victims and their attorneys can settle a case before the start of a trial. Settlements can occur after the initial offer has been made and the defendant has had a certain number of days to reply or even after the trial.
Mesothelioma lawsuits usually involve a back-andforth exchange of offers in the settlement negotiation process via written correspondence or via phone. This process can take several weeks or months, or even years. During this time, a knowledgeable mesothelioma lawyer can help their client receive the most lucrative amount of compensation they can get for their claim.
If the victim and their lawyer are unable to reach an agreement during these talks and they are unable to reach an agreement, they can move to mediation. This is when a third party can help both sides come to an acceptable amount of compensation. It can take some time, but is usually much faster than waiting for the verdict of the jury.
Asbestos manufacturers hid the dangers of their products for decades. This is why many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. These victims may be entitled to compensation for medical expenses, funeral costs, and lost wages.
Although every case is different, the majority of mesothelioma cases end in the form of a settlement. Asbestos firms would rather settle than risk losing a verdict in court. They also understand that the preparation of a case for trial will take time.
Asbestos victims and their attorneys can also speed up the process by filing a lawsuit in the right state and within the appropriate jurisdiction. For instance, some states have statutes of limitations that guarantee a trial within one year. A mesothelioma lawyer who is nationally recognized can assist patients in filing a claim in the state that will allow them to receive the most compensation within the shortest period of time. Certain states have laws that allow for the statute of limitations to begin on a victim’s diagnosis date or death, instead of their exposure dates. This is an excellent way to ensure the statute of limitation does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict can provide compensation to the victims or their families. It may also determine whether or not a defendant is accountable for an asbestos-related injury, or death.
The amount of time required to reach the final verdict varies from case to case. The amount of money awarded as well as the strength of the evidence and the number of parties involved all impact how long it will take to resolve a mesothelioma case.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Attorneys can help families and victims learn about the complex legal processes and deadlines. A lawyer can help ensure that a claim is not denied compensation because the time limit has expired.
Once they have determined the type of mesothelioma lawsuit, the victims or their attorneys will start collecting all the documentation required to support the claim. This includes mesothelioma-related diagnosis documents and proof of exposure.
Based on the particular case, there may be a variety of asbestos companies or trust funds that pay a victim compensation for their asbestos-related harms. The lawyer will research the history of exposure to asbestos and determine which companies are liable. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Asbestos lawsuits are distinct. They typically involve large companies with teams of experienced defense attorneys paid substantial retainer fees to try and hinder a claim of a victim. Mesothelioma lawyers who are experienced know how to stop these efforts and ensure that the case is moving forward.
If a mesothelioma claim is not filed in time the victim will be disqualified from receiving compensation. The statute of limitations differs from state to the next, and for personal injury claims and wrongful deaths, it's different. If a victim or a family member has any concerns about the statute of limitations, they should contact a mesothelioma lawyer firm as soon as possible to discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it to maximize the odds of a positive outcome.