Mesothelioma Lawsuit Timeline

The mesothelioma statute of limitations varies from state to state. The clock starts to tick from the date that a patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).

A mesothelioma lawyer that is knowledgeable will know the statute of limitations for the state and the best way to speed up compensation to ensure that victims receive their compensation as soon as possible. A faster resolution means compensation is available when the families and victims need it most.

The Discovery Phase

After a mesothelioma lawsuit is filed, attorneys from both sides will start the discovery phase. This is an important part of the legal procedure and can last from 3-4 month. During this time, lawyers will examine the evidence submitted to create your mesothelioma lawsuit and gather additional information regarding asbestos exposure in your past. Your attorney will also speak with you and any witnesses who are involved in your mesothelioma case. This could include both written and in person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will help you prepare for these depositions.

A mesothelioma attorney will use the information gathered in the discovery phase to determine the asbestos-related companies responsible for your illness or injuries. Asbestos defendants will try to delay the process in order to avoid paying compensation for damage caused through their negligence. It is therefore crucial to choose a mesothelioma attorney with experience and an aggressive approach.

Settlements are typically used to compensate asbestos victims financially. A lot of these settlements are made even before trial commences which saves both parties a great deal of time and stress.

You have between one and five years, depending on the state laws or statutes of limitation starting from the day you were diagnosed with mesothelioma. If a loved one of yours has died of mesothelioma spouses and heirs can have up to three years to make a claim for wrongful death to claim compensation on their behalf.

The aim of a mesothelioma lawsuit is to reach a pre-trial settlement or win the case in the court. The American legal system is known to be sympathetic to asbestos victims and that is the reason why the majority of mesothelioma cases end in settlements rather than going to court.

Some mesothelioma settlement offers are offered as soon as litigation begins and others are only made available after lawyers are aware of the strength of each side's case. The median mesothelioma trial verdict is about $2 million, but most claims settle for much less than that amount.

The Trial Phase

Mesothelioma cases that get to the trial phase of a lawsuit generally take between a year and months to resolve. However, a lot of mesothelioma lawsuits settle out of the court. This is advantageous to the victims because they are able to receive compensation much faster than if they went through a lengthy trial and verdict process. Settlements don't require victims to make appeals, which can take years and delay payment.

The first step in mesothelioma cases involves gathering evidence and data. A lawyer will look over the victim's employment history to determine the extent of asbestos exposure and companies responsible for their illness. Then a list of defendants is made. Depending on a person's mesothelioma type and which corporations were involved, there could be multiple defendants listed in a single claim.

Asbestos defendants aren't eager to settle large sums, and they may try different strategies to avoid paying victims. They may try to conceal evidence or conceal medical records related to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and deter them.

A mesothelioma lawyer can help a victim shorten their legal timeline. Anyone who is ill can file a priority motion in court to speed up the process of litigation.

The statute of limitations is another factor which affects the timeline for mesothelioma. This is because each state has laws that limit the length of time that a person has to make a claim for compensation. Victims and their loved ones must act swiftly to stop the statute of limitations from expiring.

Mesothelioma lawyers can also expedite the legal process by submitting an application to join a mesothelioma multipledistrict litigation (MDL). MDLs join similar asbestos lawsuits together for quicker processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case faster than if you had filed separate lawsuits.

If the mesothelioma litigation process is smooth, a decision is reached within a few days after the trial phase. If the trial is lengthy and results in an unjust decision, it could take several months, or up to a year for the victims to receive compensation.

Settlement Negotiations

Many asbestos victims and their families are awarded compensation without having to step foot in a courtroom. It is possible for victims and their lawyers to settle a matter before a trial. Settlements can happen after the initial offer has been made and the defendant is given a set number of days to make a response or after a trial has begun.

In most instances, the settlement negotiation process involves an exchange of offers, either through written correspondence or by phone. The process can last for weeks, months, or even years. During this phase, a skilled 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 cannot reach an agreement during the negotiations and they are unable to reach an agreement, they can move to mediation. This is when an outside party helps both sides come to an appropriate amount of compensation. It can take a bit of time, but is usually much quicker than waiting for the verdict of juries.

For decades, asbestos manufacturers kept a secret about the dangers that came with their products. Many veterans, workers and family members of asbestos-exposed people have been diagnosed with mesothelioma. This is a deadly cancer. The victims can claim compensation to pay for medical bills, funeral expenses and lost wages.

The majority of mesothelioma lawsuit process cases are settled, even though every case is different. Asbestos companies would rather settle than risk losing a verdict in court. Moreover, they know that it will take a long time to prepare an argument for trial.

Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and within the appropriate jurisdiction. For instance, some states have statutes of limitation that allow for a trial to be held within one year. A mesothelioma lawyer with national recognition can help victims file in the jurisdiction where they can receive the most compensation in the shortest time. Some states have laws that allow the statute of limitations to begin at the victim's diagnosis date or their death, instead of the date of their exposure. This is an excellent way to ensure the statute of limitation does not expire before the victims receive compensation for mesothelioma.

Final Verdict

The mesothelioma case will end with a final verdict or settlement. The verdict could award compensation to the victims or their families. It will also decide whether the defendant is responsible for a related asbestos-related injury or death.

The amount of time it takes to reach the final verdict is different from case to case. The amount awarded and the strength of evidence and the number of parties involved all influence how long it takes to settle a mesothelioma matter.

Asbestos victims should seek out an experienced lawyer as soon as they can to protect their rights throughout the entire mesothelioma litigation process. Lawyers can assist victims and families understand the complicated legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation because the statute of limitations has run out.

Once they have determined the mesothelioma case type is filed, victims or their attorneys will begin collecting all the necessary documents. This includes mesothelioma diagnosis documents and proof of exposure.

Based on the circumstances, there may be several asbestos companies or trusts which are liable and compensate a victim for their asbestos-related injuries. The lawyer will investigate the history of exposure to asbestos and determine which corporations are responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.

Asbestos-related lawsuits are not common. The lawsuits are usually filed by large corporations who employ teams of defense lawyers to attempt to stop the victim's claim. Experienced mesothelioma attorneys are able to stop these tactics and keep the lawsuit moving.

If a mesothelioma claim is not filed by the deadline the victim will be denied from receiving compensation. The statute of limitation differs from state to another, and for personal injury claims as well as wrongful deaths it is different. If a victim or their family member has any concerns regarding the statute of limitation, they should contact a mesothelioma lawyer firm right away to discuss their options. A skilled mesothelioma attorney will examine the case and decide where to file it in order to maximize their chance of a positive outcome.