Mesothelioma Lawsuit Timeline

A diagnosis of mesothelioma is devastating. The majority of patients are at or close to retirement and have to endure mounting medical costs.

Mesothelioma can develop between 10 and forty years after exposure to asbestos. State laws, also referred to as statutes of limitations, permit victims to file an injury claim within one to five years of the date of diagnosis or the discovery.

Statute of Limitations

Mesothelioma lawyers work to ensure that victims are able to file lawsuits before the time limit expires. The time limit to file is determined by the state and the kind of claim. Personal injury claims generally have a statute of limitations that begin at the time the victim is diagnosed, whereas the claims for wrongful deaths begin from the day the victim passed away.

The primary reason behind mesothelioma statutes that limit time for action is that the evidence in these cases may disappear over time. As such, the law requires patients to act quickly to claim compensation for their loss.

For many of the victims that suffer from asbestos, this means reaching out to a mesothelioma lawsuit attorney assistance lawyer immediately following a diagnosis of asbestos exposure. Attorneys can begin collecting data about mesothelioma and identify potential defendants.

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

In certain states, the statute of limitations may be extended to allow mesothelioma patients or their loved ones more time to prepare the case and gather evidence. This can be useful if the victim was diagnosed with mesothelioma several years after their exposure date, or if they want to file a class action suit or trust fund.

Mesothelioma is a debilitating disease that can affect families for decades following exposure to asbestos. Because of the lengthy time to develop the disease, patients are usually not diagnosed until they reach their last stages of life. The statute of limitations could expire before the victims or their loved ones are aware that they are required to file suit.

Preparation of the Tax Return and filing

Your lawyer will collect details about your medical health condition, including mesothelioma-related exposure and file an official complaint. The defendants are then given the time limit of, 30 days, to respond.

Your lawyer will then go over the defendants' answers and decide whether to proceed with the case, or go to trial. The more evidence that is gathered and presented during this stage of the litigation, the better your mesothelioma lawyers will have to negotiate on your behalf. This part of the process can take weeks to months.

A lot of mesothelioma lawsuits are settled before trial. This is because the trial adds time to the overall timeline and the defendants could prefer to settle in order to reduce the risk of losing a court verdict. Certain cases end up in court, and the defendants may appeal a positive verdict.

Mesothelioma patients are entitled to compensation for medical treatment and costs associated with diagnosis. The costs could include medication and transport to specialist appointments and much more. In addition, compensation can be granted to the families of the victims for emotional and financial losses that result from their loved one's death.

If you file an asbestos lawsuit against the asbestos companies responsible for your diagnosis, you will be able to be held accountable for their lapses. Your mesothelioma attorneys 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 explain your eligibility for mesothelioma-related compensation and explain how the statute of limitations applies to you. The deadline for filing claims differs from state to state, which is why it is essential to consult with an experienced mesothelioma law firm as soon as possible.

Response

Asbestos mesothelioma victims can receive compensation through a variety of legal claims. However, it can take an extended time to settle a case and the amount of compensation will depend on a variety of factors.

Compensation is typically granted in the form of a settlement although some cases will reach trial. Asbestos lawyers negotiate on behalf of their clients to maximize payouts. The time required to settle mesothelioma cases varies between one and twelve months.

Mesothelioma lawsuits begin with lawyers collecting information about asbestos exposure, identifying defendants, and making an official complaint. The defendants then have the specified number of days to reply. If they do not respond within 30 days they could be automatically dismissed.

After the defendants are notified of the lawsuit, they will be given the chance to either agree to an agreement or go to court. However, most mesothelioma cases settle outside of the courtroom.

The majority of mesothelioma cases are filed by patients suffering from asbestos-related illnesses or relatives of those who died from mesothelioma. The lawsuits are filed against companies responsible for exposing the victims to asbestos, typically over a long period of time.

At Weitz & Luxenberg, our attorneys can make a mesothelioma suit on your behalf and manage the entire process from beginning to finish. This way, you can focus on your health and family. We understand that your time is valuable and will expedite the process of claiming to receive your compensation as soon as possible. We will also handle all the details of your claim using online and teleconferencing so that you don't have to travel or infections during the COVID-19 pandemic. Our team has more than 50 years of experience.

Discovery

Mesothelioma lawsuits are complex cases which require careful consideration of the law and the science of asbestos exposure. Professionally trained mesothelioma lawyers know the defense strategies that asbestos companies use to try to undermine the victim's claim. They know how they can combat these strategies and provide strong proof of an asbestos-related illness to secure compensation for victims.

During the discovery phase, both sides in a mesothelioma lawsuit gather details about their claims from one another. Lawyers can request each party to answer written questions or participate in depositions. They may also request documents and other sources. During this phase, victims typically receive the highest amount of amount of compensation for their claims.

After both parties have gathered details about the claims, they will meet to discuss the claims. Lawyers from both sides can agree on a settlement or they will go to trial. Mesothelioma patients typically receive more money if they settle than if they was argued to trial.

If the parties cannot reach an agreement, a trial will be scheduled on a pre-arranged date. The attorneys will both present opening statements during the trial and will present evidence before an adjudicator. The jury will determine if the plaintiff or defendant deserves an amount of money.

The vast majority mesothelioma lawsuits are settled well before trial. Settlements usually take about one year.

Settlement

A skilled mesothelioma lawyer can ensure that the settlement process is completed quickly and is based on the specific circumstances of the case. Settlements usually are completed within several months. It involves negotiations with defendants and the collection of evidence. A skilled lawyer will be able to anticipate this timeframe and decide the best strategy for the best outcome.

Compensation from a mesothelioma lawsuit can help families and victims pay medical bills and other financial obligations. It can also give peace of mind for the future. mesothelioma and lawsuit patients often have to be absent from work to undergo treatment, which could affect the family's income. The compensation awarded from mesothelioma claims can help to offset lost wages and assist families to pay for ongoing treatment.

Many asbestos victims and their families cannot make a mesothelioma, or wrongful death suit in time due to the statute of limitations. Mesothelioma attorneys can help surviving spouses and other heirs to asbestos victims to pursue legal claims.

The law requires that lawsuits adhere to specific rules and regulations to ensure that the victim receives the highest amount of compensation that is possible. A mesothelioma lawyer who is experienced understands the laws and can file a lawsuit at the proper venue. This will help clients avoid filing in the wrong jurisdiction or missing the deadline for filing.

Defendants must respond to the lawsuit within the specified time frame that can span from 30 days to several weeks. Both sides must share discovery, including witness testimony (depositions) and other evidence that support their arguments.

If the parties are unable to reach a mesothelioma settlement, the case will be heard in court for a final resolution. Some cases end with an agreement, but the majority do not. Our mesothelioma lawyers are dedicated to supporting our clients through the entire case, including any appeals.