Mesothelioma Lawsuit Timeline

The mesothelioma lawsuit timeframe varies from case to case. Some states, for example, have different statutes of limitations for personal injury and wrongful death claims.

After a mesothelioma lawyer determined whether you have a legitimate claim the legal process will begin. Settlements are generally quicker than trials. The exact process of mesothelioma lawsuits will depend on the defendants as well as other factors.

The Statute of Limitations

A person diagnosed with mesothelioma only has a limited time to file a suit. The time frame known as the statute of limitations varies by state and type of claim. In the majority of personal injury cases and wrongful deaths the clock starts to run at the time of the injury or accident. Asbestos-related cases, however, are different. Asbestos exposure can trigger symptoms and mesothelioma can grow for decades afterward. Mesothelioma lawyers must be aware of the statute of limitations for each state's rules to safeguard their clients rights.

A mesothelioma lawyer will review medical records of a client as well as interview witnesses. They can also examine documents to determine the most appropriate legal option. A mesothelioma lawsuit lawyer lawyer may also determine the amount of a client's damages. This includes the amount of compensation for future and past losses suffered by a patient, including lost wages and expenses related to the disease, as well as suffering and pain.

Mesothelioma lawyers will take into account the victim's age, family status, and any future financial impact of the cancer. Compensation may be paid in an amount in one lump sum, or in monthly installments, based on the terms and conditions of the settlement agreement. A louisiana mesothelioma lawsuit lawsuit may take 18 months or more to settle, however an experienced attorney can advocate for a faster resolution and can negotiate with defendants to ensure that the process is as smooth as possible.

If a mesothelioma sufferer passes and dies before receiving compensation, the family members can file a wrongful death lawsuit. These claims are more complex however they can be filed under the statute of limitations. A mesothelioma attorney can provide information on the statutes of limitations in cases of wrongful death to help families understand the options they have for compensation.

Filing the Lawsuit

Once a lawsuit has been filed, the first step could take a few weeks, or even months. This is the time when the legal team collects information regarding the asbestos exposure that triggered your illness, determines the defendants, and drafts an official complaint. The defendants have a limited time to respond.

Once this phase is completed then the discovery phase can begin. This is the most difficult stage and often takes six months or more to complete. This stage involves gathering information as well as depositions and examining documents. It may also involve negotiation, which is when your lawyer attempts to negotiate a fair settlement from the defendants.

The majority of mesothelioma attorneys operate on a contingency fee basis. This means that there is no upfront cost to hire an attorney. They will only charge a fee after having won your case or negotiating an agreement. This is usually an amount of the amount you are awarded.

The majority of people who file mesothelioma lawsuits seek compensation for medical expenses, lost income, and other expenses that are attributed to their diagnosis. They may also be entitled to noneconomic damages that are more difficult to quantify. Punitive damages are often awarded to mesothelioma sufferers as an alternative to punishing the defendant.

Discovery

Mesothelioma patients must have solid evidence to support their claims. This includes a variety of documentation, including medical records, employment histories documents from military service witness statements and evidence of asbestos exposure. Lawyers with expertise in asbestos litigation know what is needed and how to secure it quickly. They also know the tactics that asbestos companies use to avoid paying victims the amount they deserved.

The process of finding out can take a significant amount of time. Asbestos victims' attorneys must look through decades-old purchase orders documents, identify witnesses, and conduct other investigation to discover the extent of each victim's asbestos exposure. Mesothelioma attorneys have access to experts who can help determine how much asbestos exposure each victim has received and its impact on their life.

After the process of discovery is completed, mesothelioma lawyers can either prepare for a trial or negotiate a settlement with their clients. A settlement is more efficient option than a long trial and the mesothelioma litigation time frame can be drastically reduced.

If a claimant is suffering from terminal illness, their attorney can file a preference motion in a court setting to speed up the process. This can significantly reduce the mesothelioma timeline, and is available to senior citizens, veterans and people in an unhealthy state. The best way to research your options is to request a free mesothelioma case review by a reputable law firm. Consultations are offered for free by the top mesothelioma firms to victims and their family members.

Trial

Although it is possible that a mesothelioma case could reach trial, defendants are more likely to offer settlements than risk a bad verdict. Settlements are less expensive for the defendants than trials. Furthermore, a settlement is final and will end the lawsuit. Trials are a long, drawn-out process, which can be extremely stressful for victims and their families.

After the defendants have received the demand letters, they may begin the process of discovery, which involves both parties exchanging information. It can take anywhere from weeks to months. When this phase is complete and the defendants have time to prepare for trial and may submit a motion for dismissal or a request for summary judgment.

The court will examine the plaintiff's claim to determine if there is any evidence that the defendant was responsible for the death or injury, and is therefore liable 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 costs, documented discomfort and pain.

Asbestos patients and their families file multiple claims due to asbestos exposure at a variety of locations. Additionally, some cases are filed in several states due to the asbestos exposure locations or victim's residence. In certain instances, a mesothelioma lawyer can help victims and their families receive compensation across states which is simpler to calculate and confirm. If a victim's family or they win compensation, payments can start as soon as the verdict is announced. Compensation can be received as lump sums or monthly installments. A mesothelioma attorney can negotiate a settlement that is as fair as it can be for their clients.

Settlement

At this point, your lawyer will assist you in the settlement of your compensation claim. In general, both sides will negotiate an agreement that reflects the impact of mesothelioma on your quality of life, including pain and discomfort. Your lawyer will also evaluate your losses, such as the loss of income or other financial expenses.

Settlements are more frequent than trials as they require less time and allow victims to receive their compensation at the right time. Many companies prefer to settle rather than risk a costly trial verdict. However, your attorney can negotiate for the best possible settlement on your behalf.

After your lawyer has gathered all the relevant information and has filed your lawsuit against the defendants. The defendants will have a predetermined period of time to respond to your lawsuit before the court decides on an agreement to settle.

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

Your mesothelioma attorney will determine the best venue for your case based on a number of factors. Included in this are the state laws, the jurisdiction and evidence. In addition, the lawyer will be able to determine the sources of funding that might be available. This could include compensation from asbestos trust funds. These trust funds were established by companies that were responsible for asbestos exposure, but were inundated with lawsuits that they were unable to afford to fight. The trusts were set up to compensate victims and their families. For more information, call an experienced mesothelioma lawyer today.