Mesothelioma Lawsuit Timeline

The statute of limitations for mesothelioma differs from state to state. The clock begins to tick from the date of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful death).

A skilled mesothelioma attorney understands the statutes of limitations in each state and how to expedite the process to get compensation as quickly as possible. Compensation is available to victims and their families when they require it most.

The Discovery Phase

After you file your mesothelioma lawsuit attorneys from both sides will enter the discovery phase. This is an important part of the legal process and can take anywhere from 3 to 4 months. During this period, lawyers review the evidence submitted to create your mesothelioma claim and collect additional information regarding asbestos law lawyer mesothelioma settlement exposure in your past. Your lawyer will question you, as well as witnesses in the mesothelioma trial. This could include written or in-person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.

A mesothelioma lawyer will utilize the information gathered in the discovery phase to determine the asbestos-related companies responsible for your injuries or illness. Asbestos defendants are not eager to compensate you for the harm caused by their negligence, so they will likely attempt to delay the process as much as possible. This is why it is crucial to choose mesothelioma lawyers who provide an experienced and affluent legal representation.

Settlements are usually used to compensate asbestos Cancer Lawyer mesothelioma settlement victims financially. Settlements are usually made before the trial, which saves both parties time and stress.

Based on the laws of your state and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or the discovery of mesothelioma in order to file a suit for financial compensation. If a loved-one has passed away from mesothelioma in the last three years, their spouses or heirs are able to submit a claim for compensation.

The goal of a mesothelioma lawsuit is to negotiate an agreement before trial or an award in court. The American legal system tends to be supportive of the asbestos victims, which is why the majority of mesothelioma cases end with settlements instead of going to court.

Certain mesothelioma settlements are made as soon as the litigation begins. Others are only available once lawyers have a strong understanding of the strength of each side's case. The median verdict in a mesothelioma lawsuit is around $2 million. However, the majority of claims are settled for less.

The Trial Phase

Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a year to resolve. However, many mesothelioma claims settle out of court. It is beneficial for victims to receive compensation sooner than the case if they had to go through a lengthy trial and verdict. Settlements do not require victims to file appeals that could take years and delay payment.

The initial phase of mesothelioma cases is to gather evidence and information. A lawyer will review a victim's work history to determine asbestos-related exposures and the companies responsible for their disease. Then the list of defendants is made. Depending on a person's mesothelioma type and which corporations were involved, there could be several defendants listed in a single claim.

Asbestos defendants might not be eager to pay large settlements, and they may try a variety of tactics to avoid paying victims. They might try to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and ways to stop them.

A mesothelioma lawyer can also assist patients in reducing their legal process. If a person is terminally sick, they may make a motion for priority in the courtroom to speed up the litigation process.

The statute of limitation is another factor that affects the timeline for mesothelioma. This is because each state has laws that limit the amount of time that a person has to make a claim for compensation. The time-limit for filing claims is dwindling, so victims and their families have to act fast.

Lawyers who specialize in mesothelioma can also accelerate the legal process by joining a multidistrict lawsuit. MDLs group similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case faster than if you file separate lawsuits.

If the mesothelioma lawsuit procedure goes smoothly, a verdict may be reached within days of the trial phase. If the trial is complicated and results in a wrongful verdict, it could take a few months or up to a year for victims to receive compensation.

Settlement Negotiations

Many asbestos victims, and their families, are compensated without having to enter the courtroom. This is due to the fact that victims and their lawyers are able to settle a matter prior to the trial. Settlements can be made after the initial offer has been made and the defendant is given a number of days to respond or after a trial has begun.

Mesothelioma lawsuits typically involve a back-andforth exchange of offers in the settlement negotiation process either through written correspondence or over the phone. It can take weeks, months or even years. In this stage mesothelioma lawyers can assist their client in receiving the highest amount of compensation for their claim.

If a mesothelioma patient and their lawyer are unable to reach a settlement in the negotiation process, they could go to mediation which is a third-party person who assists both parties agree on a fair compensation amount. This can also take time however, it is usually less time-consuming than waiting for a verdict from a jury.

For a long time, asbestos producers hid the dangers associated with their products. Many veterans, workers, and family members of asbestos-exposed persons have been diagnosed with mesothelioma. This is the most deadly form of cancer. These victims may be qualified for compensation for funeral expenses, medical costs and lost wages.

The majority of mesothelioma cases settle, even though every case is different. Asbestos companies prefer to settle rather than risk a negative verdict at trial. They also know that it will take a long time to prepare the case for trial.

Asbestos victims and their attorneys can also accelerate the process by filing an action in the correct state and within the appropriate jurisdiction. For instance, some states have statutes of limitation which guarantee a trial within one year. A mesothelioma lawyer who is nationally recognized can assist victims in filing their case in the jurisdiction where they can receive the most compensation within the shortest period of time. Additionally, certain states have laws that allow the statute of limitations to begin at the victim's diagnosis date, or when they passed away, not their exposure dates. This is an excellent way to ensure the statute of limitations does not expire before the victims receive compensation for mesothelioma.

Final Verdict

The mesothelioma trial will conclude with a verdict or settlement. The verdict may award compensation to victims or their families. It could also determine whether or not a defendant is liable for an asbestos-related injury, or death.

The time required to reach a final verdict can vary from case to situation. The amount of money awarded, the quality of the evidence and the number of parties influence how long it takes to resolve a case of mesothelioma.

Asbestos victims should seek out experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist victims and families learn about the complex legal processes and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation due to 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 for the claim. This includes mesothelioma diagnoses and proof of exposure.

Based on the circumstances, there could be many asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will look into the history of the victim's asbestos exposure to determine which companies may be liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.

Asbestos lawsuits are atypical. They are typically brought by large companies who hire teams of defense attorneys to attempt to stop the claim of the victim. Expert mesothelioma lawyers know how to thwart these tactics and keep the lawsuit moving.

The victim isn't able to receive compensation if a mesothelioma suit is not filed by the deadline. The statute of limitations varies from one state to another and also for personal injury claims and wrongful deaths, it's different. If the victim, or family member has questions about the statute of limitations or the time limit for filing a claim, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer will review the case to determine where to file it in order to maximize the chance of a successful result.