Mesothelioma Lawsuit Timeline

A diagnosis of mesothelioma is devastating. The majority of patients are approaching retirement and must deal with mounting medical costs.

Mesothelioma is a cancer that develops between 10 and 40 years after exposure to asbestos. State laws known as statutes of limitations allow victims up to five years from the date of their diagnosis or discovery to file a claim.

Statute of Limitations

Mesothelioma lawyers work to ensure that patients are able to file their lawsuits before the statute of limitations expiring. The time limit to file is dependent on the state and kind of claim. Personal injury claims usually have a statute of limitations that begin on the date the victim is diagnosed, whereas the wrongful death claims begin from the date the victim passed away.

The primary reason behind mesothelioma statutes that limit time for action is that the evidence in these cases could fade over time. This is why the law requires patients to act in a timely manner to claim compensation for their losses.

For many of the victims, this means reaching out to a mesothelioma lawyer immediately following a diagnosis of asbestos exposure. Attorneys can then begin compiling mesothelioma-related data and identifying potential defendants accountable for the exposure.

After the information is collected, you can make a mesothelioma claim in the appropriate court. The time period to file mesothelioma lawsuits varies per state, but attorneys can help victims determine the best location to file based on their work, employer, and residence location.

In some states, the statute of limitations may be extended so that mesothelioma patients or their family members have more time to plan and gather evidence. This can be useful when the victim was diagnosed with mesothelioma years after the date of their exposure, or if they want to file a lawsuit for a class or trust fund.

Mesothelioma is a debilitating disease that can impact families for a long time after exposure to asbestos. Because of the lengthy time of latency, mesothelioma patients are usually not diagnosed until they are in their final stages of life. The statute of limitations may expire before victims or their loved ones are aware they have to file a lawsuit.

Preparation and Filing

Your lawyer will gather details about your medical health condition, including mesothelioma-related exposure, and then file a formal complaint. The defendants will then have the time limit of 30 days to respond.

Your attorney will then review the defendants' answers and decide if they want to continue with the case or go to trial. The more evidence that is gathered and shared during this phase of the litigation the better your mesothelioma lawyers will be in a position to negotiate on your behalf. This part of the process could take from weeks to months.

Many mesothelioma cases are settled prior to trial. A trial can add time to the timeline and the defendants are more likely to settle when they don't want lose a court decision. Some cases do end up in court, and defendants can appeal a favorable verdict.

Mesothelioma patients are entitled to compensation for medical treatment and other expenses associated with diagnosis. These costs include the cost of medications, travel to specialist appointments and much more. Compensation can also be awarded to the families of the victims for financial and emotional losses that result from the death of a loved one.

You can hold asbestos-related companies accountable for their mistakes by filing an action. Mesothelioma lawyers can also ensure that you are compensated to help secure the future of your family. Request a no-cost mesothelioma case review to begin your legal journey today. A lawyer will inform you if you are eligible for compensation due to mesothelioma and how the statute of limitations applies to your situation. This deadline can vary from state to state. It is essential to consult with mesothelioma lung cancer lawsuit attorneys whenever you are able to.

Response

Asbestos victims can get compensation for mesothelioma via various legal claims. It could take some time to resolve a claim and the amount dependent on a variety of factors.

Compensation is typically granted in the form of a settlement but some cases might go to trial. Asbestos attorneys will negotiate on behalf their clients to maximize payouts. The mesothelioma settlement timeframe can vary between one and 12 months.

Attorneys begin a mesothelioma lawsuit by obtaining information about asbestos exposure and identifying defendants. They then draft an official complaint. The defendants then have an amount of time to reply. If they do not respond within 30 days, they can be automatically ruled out of the case.

After the defendants have been notified of the lawsuit, they will be given the option to settle or to go to court. However, most mesothelioma cases are settled outside of the courtroom.

Most mesothelioma lawsuits are filed by patients diagnosed with asbestos-related illnesses or relatives of those who have died from mesothelioma. The lawsuits are filed by businesses who exposed their victims to asbestos for a long period of time.

At Weitz & Luxenberg, our attorneys can file a mesothelioma lawsuit on your behalf and manage the process from start to finish. You can focus on your family and health. We also recognize that time is precious and will do our best to speed up the process so that you can receive your money as quickly as possible. We will also take care of all details of your claim through video and teleconferencing, so that you are not exposed to exposure to infection and travel during the COVID-19 pandemic. Our team is comprised of more than 50 years of combined experience.

Discovery

Mesothelioma lawsuits are complicated cases which require careful consideration of the law and the science behind asbestos exposure. Expert mesothelioma lawyers are aware of the defense strategies used by asbestos companies in order to sabotage a victim's claim. They know how they can counter these strategies, and prove an asbestos-related disease to win compensation for the victims.

During the discovery phase, both sides in a mesothelioma lawsuit gather information regarding their allegations from one another. Lawyers can request each side to answer written questions or take part in depositions. They can also ask for documents and other information. In this stage, victims typically receive the highest amount of money from their claims.

After both parties have gathered all the information, they will meet and discuss their respective claims. Lawyers for each side can reach the terms of a settlement or go to trial. Mesothelioma patients typically receive more money if they settle than if they went to trial.

If the parties are unable to reach an agreement the trial will be scheduled for a pre-arranged date. The attorneys will both give opening statements at the trial and then present evidence to the judge. The jury will decide whether the plaintiff or defendant is entitled to compensation.

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

Settlement

A mesothelioma lawyer who is skilled can ensure that the settlement process is completed swiftly and is based on the specific circumstances of the case. The settlement phase typically lasts a couple of months or less. Negotiations with defendants form part of this process as is the collection of evidence. A skilled attorney can anticipate this timeframe and determine the best approach for reaching a successful resolution.

Compensation from a mesothelioma lawsuit can aid victims and their families cover medical expenses and other financial obligations. It can also provide peace of mind for the future. Mesothelioma patients are often required to be absent from work to undergo treatment, which may affect family income. The compensation awarded from mesothelioma cases can be used to supplement lost wages and assist families to be able to afford ongoing treatment.

Due to the statutes of limitations, many asbestos patients and their families are not able to file a lawsuit for mesothelioma. Mesothelioma lawyers can help survivors of asbestos-related spouses or other heirs to asbestos victims to pursue legal claims.

Lawsuits must be governed by specific guidelines and rules to ensure the victim receives the highest amount of compensation possible. An experienced mesothelioma lawyer understands the laws and can file a lawsuit in the proper location. This can save clients from filing in the wrong court or missing the deadline for filing.

The defendants must respond to the lawsuit within a certain period of time that typically ranges from 30 days to several months. The attorneys representing both sides then share discovery, which includes witness testimonies (depositions) and other evidence to back their claims.

If the parties are unable to reach a mesothelioma settlement, the case will be heard in court for a final resolution. Some cases will end in a settlement but most do not. Our mesothelioma attorneys are committed to standing by our clients until the end of their case, which includes any appeals.