Mesothelioma Lawsuit Timeline

A mesothelioma diagnosis can be devastating. Many patients are approaching retirement age and must deal with mounting medical costs.

Mesothelioma occurs between 10 and 40 years after exposure to asbestos. State laws known as statutes of limitations allow victims one to five years from the date of their diagnosis or discovery to file an injury claim.

Statute of Limitations

Mesothelioma lawyers work to make sure that victims can file their lawsuits before the statute of limitations runs out. The time frame for filing is dependent on the state and type of claim. Personal injury claims typically have a statute of limitation that starts on the date of diagnosis, whereas the wrongful death claim is a matter of the date of the victim's death.

The primary reason behind the statute of limitations in mesothelioma cases is that evidence fades with time. As such, the law requires victims to respond in a timely manner to get compensation for their loss.

For many victims it is necessary to reach to a mesothelioma attorney immediately following a diagnosis or discovery of asbestos exposure. Attorneys can begin compiling mesothelioma-related information and identifying potential defendants accountable for the exposure.

Once this information is gathered the mesothelioma lawsuit may be filed in the appropriate court. The time period to file mesothelioma lawsuits varies per state, however, attorneys can assist victims to determine the most suitable filing location based on their work, employer, and residence areas.

In some states, the statute of limitations may be extended to allow mesothelioma patients or their family members more time to prepare the case and gather evidence. This is a good option in cases where the patient was diagnosed with mesothelioma years after their date of exposure or if they intend to file a class action lawsuit mesothelioma action suit or trust fund.

Mesothelioma is a devastating disease that can affect families for decades following exposure to asbestos. Due to the lengthy time of latency, many mesothelioma patients are not diagnosed until the end-of-life. The statute of limitations may expire before the victims or their loved ones are aware that they are required to file suit.

Preparation and Filing

Your lawyer will collect details about your condition, including mesothelioma-related exposure and make an official complaint. The defendants have 30 days to respond.

Your attorney will go over the responses of the defendants and decide whether to proceed with the case or go to trial. The mesothelioma attorneys you choose to work with will be better equipped to negotiate your case if they have more evidence. This part of the process could take several weeks or months.

Many mesothelioma lawsuits settle before trial. This is because a trial adds time to the overall timeframe, and the defendants may be more willing to settle in order to avoid the risk of losing a verdict in court. However, some cases are resolved in court and the defendants might try to appeal a successful decision.

Mesothelioma patients are entitled to compensation for medical treatments and costs associated with diagnosis. These costs can include medication and transport to specialist appointments and much more. Compensation may also be offered to the families of the victims for financial and emotional loss caused by their loved one's death.

By filing an asbestos lawsuit against the asbestos companies responsible for your diagnosis, you are able to make them accountable for their negligence. The mesothelioma lawyers you hire can ensure that you are compensated to secure the future of your family. Start your legal journey by requesting a free mesothelioma assessment. A lawyer will explain your eligibility for mesothelioma compensation and explain the statute of limitations that applies to you. The deadline for filing claims varies from state to state. It is important to talk to mesothelioma attorneys whenever you can.

Response

Asbestos mesothelioma sufferers can claim compensation through a variety legal claims. It can take a while to settle a claim, and the exact amount is dependent on many factors.

Compensation is usually awarded in the form of a settlement, but some cases might go to trial. Asbestos lawyers will negotiate on behalf of their clients to maximize the amount of payouts. The average time for settling mesothelioma cases can range between one and twelve months.

Mesothelioma lawsuits begin with lawyers compiling information about asbestos exposure, identifying defendants, and writing an official complaint. The defendants are then given a timeframe of days to respond. If they do not respond within 30 days they may be automatically ruled out.

When the defendants are informed of the lawsuit, they will have the chance to either agree to a settlement or be taken to court. Most mesothelioma lawsuits are settled without court.

Most mesothelioma cases are filed by asbestos-related patients or family members of mesothelioma sufferers. The lawsuits are filed by companies who exposed their victims to asbestos over a lengthy period of time.

Our attorneys at Weitz & Luxenberg can handle the entire process, from beginning to end. This way, you can focus on your health and family. We also understand that your time is valuable and will speed up the process of claiming to receive your compensation as quickly as is possible. We will also take care of the details of your claim using video and teleconferencing, so that you can avoid exposure to infection and travel during the COVID-19 pandemic. Our team is comprised of more than 50 years of experience.

Discovery

Mesothelioma cases are incredibly complex and require a deep understanding of the law lawsuit lawyer mesothelioma as well as the science behind asbestos exposure. Professionally trained mesothelioma lawyers know the defense strategies asbestos companies employ to deny the claim of a victim. They know how to defeat these strategies and provide strong evidence of the existence of an asbestos-related illness to obtain compensation for victims.

During the discovery stage, both sides of mesothelioma cases gather information from each other about their respective claims. Lawyers can ask each side to answer questions in writing and take part in depositions. They can also request the production of documents and other materials. In this stage, victims usually receive the greatest amount of amount of compensation for their claims.

After each party has gathered the information, they will sit down and discuss their claims. Lawyers from both sides can agree on a settlement or they will go to trial. Mesothelioma victims typically receive more money from a settlement than they would have received if the case had gone to trial.

If the parties are unable to reach an agreement the trial will be scheduled for an earlier date. Both attorneys will begin the trial with opening statements, and then present evidence before the judge. The jury will decide whether the plaintiff or defendant is entitled to compensation.

The vast majority mesothelioma lawsuits are settled before the trial. The process of settlement typically lasts approximately a year.

Settlement

A knowledgeable mesothelioma lawyer will ensure that the settlement process is completed swiftly and reflects the unique circumstances of the case. The settlement phase usually lasts for a few months or less. Negotiations with defendants are part of this process and so is the gathering of evidence. An experienced lawyer will be able to anticipate this timeframe and decide what strategy is best for the best outcome.

The compensation from a mesothelioma lawsuit can help victims and their families pay for medical expenses and other financial obligations. It can also give you peace of mind in the future. Patients suffering from mesothelioma often be absent from work for treatment, which can impact the family's income. The compensation awarded from mesothelioma claims can help to offset lost wages and help families be able to afford ongoing treatment.

Many asbestos victims and their loved ones are unable to make a mesothelioma, or wrongful death lawsuit in time due to the statute of limitations. Mesothelioma attorneys can help surviving spouses and other heirs to asbestos victims file legal claims.

The law requires that lawsuits adhere to specific rules and regulations to ensure the victim receives the highest amount of compensation that is possible. An experienced mesothelioma lawyer is aware of these laws and can file a lawsuit in the right venue. This will prevent clients from filing in the wrong jurisdiction or not observing the statute of limitations.

Defendants are required to respond to the lawsuit within the specified time frame that can span from 30 days to some weeks. The attorneys for both sides will then discuss discovery which includes witness statements (depositions) and other evidence to support their arguments.

If the parties are not able to reach a consensus regarding mesothelioma or the cancer, the case will be tried for a final resolution. Some cases end with settlement, but most do not. Our mesothelioma attorneys are committed to standing by our clients until the conclusion of their case, including any appeals.