Mesothelioma Lawsuit Timeline

The mesothelioma lawsuit timeframe differs from case to. For instance, some states have different statutes or limitations for personal injury and wrongful death lawsuits.

Once a mesothelioma attorney has identified if you have a viable claim the legal process will begin. Settlements tend to be faster than trials. The exact procedure for mesothelioma suits will depend on the defendants and other factors.

The Statute of Limitations

A person diagnosed with mesothelioma has a limited time to file a lawsuit. This time frame, also known as the statutes of limitations, can vary by state and claim type. In most personal injuries and wrongful deaths the clock begins to tick at the time of an accident or injury. However asbestos-related cases differ. Asbestos exposure can trigger symptoms and mesothelioma that can develop years later. To safeguard their clients, mesothelioma attorneys must be familiar with the statute of limitations in every state.

A mesothelioma lawyer will review the medical records of a patient, interview witnesses and review documents to determine the most appropriate option for legal action. A mesothelioma lawyer will also calculate damages for a client. This includes compensation for a patient's future and past losses, including the loss of wages, expenses relating to the disease as well as pain and suffering.

Lawyers for mesothelioma will consider the victim's age and family history, as well as any future financial impact that the disease might have. Compensation may be paid in an all-inclusive sum or in monthly installments, contingent on the terms and conditions of the settlement agreement. A mesothelioma claim may take as long as 18 months to settle. However, a skilled lawyer is able to seek a faster resolution and negotiate to ensure that the process is as smooth and easy as is possible.

If a mesothelioma patient passes and dies before receiving compensation, the family members may file a wrongful death lawsuit. These types of claims are more complicated, but they are still able to be filed within the statute of limitations. An experienced mesothelioma lawyer will explain the statute of limitations applicable to cases of wrongful death and assist families in understanding the options available to them for compensation.

Filing a Lawsuit

After a lawsuit has been filed, the initial stage could take a few weeks, or even months. The legal team will collect details regarding the asbestos exposure that led to your illness. They will also identify defendants and draft a formal complaint. The defendants have a certain time to respond.

When this phase is finished, the discovery phase begins. This is the most complex phase and usually takes a minimum of six months to complete. It involves gathering information depositions, reviewing documents. It could also involve negotiations, where your lawyer tries to get a fair settlement offer from the defendants.

Mesothelioma lawyers usually work on a contingency fee basis. This means that there is no up-front cost to hire an attorney and they will only charge you a fee after winning your case or reaching settlement. The fee is typically the amount of the damages.

Most people who file mesothelioma suits seek compensation for medical expenses, lost wages, and other costs that are associated with the diagnosis. They could also be entitled to noneconomic damages, which are more difficult to quantify. Punitive damages are often awarded to mesothelioma sufferers as an alternative to punishing the defendant.

Discovery

Mesothelioma patients must provide solid evidence to support their claims. This involves many different types of documents, such as medical records, employment histories documents from military service witness statements and evidence of exposure to asbestos. Lawyers with experience in asbestos litigation be aware of the documentation required and will be able to secure it quickly. They also know the strategies that asbestos companies use to avoid paying victims the compensation they deserve.

The process of locating evidence can take a considerable amount of time. Attorneys representing asbestos victims must go through decades-old purchase order histories, find witnesses, and conduct other studies to determine the specifics of the asbestos exposure of each victim. Mesothelioma lawyers have access to experts who can assist determine the extent of each victim's exposure and the effect on their lives.

After the process of discovery is complete, mesothelioma lawyers can plan a trial or negotiate a settlement with their clients. A settlement is a better alternative to a lengthy trial, and the mesothelioma lawsuit time frame can be drastically reduced.

If a claimant is terminally ill, their attorney can submit a motion for preference in a trial setting to have the case expedited. This can dramatically reduce the mesothelioma timeline, and is available to veterans, senior citizens and people in ill health. A free mesothelioma evaluation by an experienced law firm is the best way to learn about the options available. These consultations are provided at no cost by most reputable mesothelioma law firms to patients and their family members.

Trial

Although it is possible that a mesothelioma case could reach trial, defendants are more likely to offer settlements instead of risking a bad verdict. Settlements are less costly for the defendants than trials. Settlements are also final and will close your case. A trial can be a lengthy and drawn-out procedure that can be stressful for the victims and their families.

Once the defendants have received the demand letter, they may begin the process of discovery, which involves both sides exchanging information. It can take anywhere from weeks to months. Following this stage the defendants require time to prepare for trial and submit a motion for summary judgement or dismissal.

The court will examine the plaintiff's claim and decide whether there is evidence that the defendant caused the death or injury and is accountable for any compensation. The court can also decide to award damages, like economic compensation as well as non-economic compensation. This can include medical expenses, lost wages funeral expenses, the evidence of pain and discomfort.

Asbestos victims and their families often file multiple claims based on asbestos exposure at multiple sites. There are cases that are filed in more than one state because of the asbestos exposure sites or the victim's residence. In some cases, a mesothelioma lawsuit compensation lawyer can help families of victims receive compensation across states, which is easier to calculate and verify. If a victim's family or they receive compensation, the payments will begin when the verdict is announced. Compensation can be received as a lump sum or monthly installments. A mesothelioma lawyer can negotiate a settlement that is as fair as possible for their clients.

Settlement

In this phase the lawyer will assist you to settle your claim for compensation. In general, both sides will negotiate an agreement that takes into account the impact of mesothelioma on your quality of life, which includes pain and discomfort. Your lawyer will also consider your losses, like the loss of income or other financial costs.

Settlements are commonplace because they are less time-consuming than a trial and permit victims to receive compensation when they need it most. Additionally, most companies will prefer to settle than risk an expensive trial verdict. Your lawyer can negotiate the best settlement for you.

After your lawyer has gathered the pertinent information, he will file your lawsuit. The defendants will be given some time to respond before the court approves your final settlement.

A mesothelioma case can be filed under the personal injury claim or wrongful-death claim. A wrongful death lawsuit is filed by a victim of asbestos exposure. It follows the same process for personal injury claims.

Your mesothelioma attorney will determine the best venue for your case depending on a variety of factors. These include jurisdiction, state laws, and evidence available. The lawyer can also determine any funding sources. This could include compensation from asbestos trust funds. These trust funds were set by companies who were responsible for asbestos exposure but were unable to afford the lawsuits. These trusts were created to pay the victims and their families. For more information, contact an experienced mesothelioma lawyer today.