Mesothelioma Lawsuit Timeline

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

A mesothelioma lawyer who is skilled and knowledgeable knows the statutes of limitations in each state and how to expedite the process to receive compensation as quickly as possible. Compensation is available to victims and their families when they need it the most.

The Discovery Phase

After a mesothelioma lawsuit for mesothelioma is filed, attorneys from both sides will begin the discovery phase. This is a crucial aspect of the legal process and can last for 3 to 4 month. During this time, lawyers analyze the evidence submitted to build your mesothelioma claim and collect additional information regarding asbestos exposure in your past. Your attorney will interview you, as well as any witnesses involved in the mesothelioma case. This could involve both depositions in person and in writing. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interview sessions.

A mesothelioma lawyer will utilize the information gathered in the discovery phase to determine the asbestos-related companies accountable for your injury or illness. Asbestos defendants may attempt to delay the process so that they can avoid paying compensation for damages caused by their negligence. This is why it is important to retain a mesothelioma law firm with skilled and aggressive legal representation.

Settlements are typically used to pay compensation to asbestos victims financially. Settlements are typically made before the trial, thereby saving both parties from stress and time.

You have between one to five years, based on the laws of your state or statutes of limitations, from the date you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma within the past three years their spouses or heirs may file an application for compensation.

The aim of a mesothelioma lawsuit is to reach an early settlement or the case in the court. The American legal system is generally sympathetic to the victims of asbestos manufacturers this is why the majority of mesothelioma lawsuits end in the form of a settlement instead of going to trial.

Some mesothelioma settlement offers are made as soon as the trial begins, while others are only offered once attorneys have a strong understanding of the strength of each case. The median mesothelioma trial verdict is approximately $2 million, however the majority of claims settle for far less than that.

The Trial Phase

Mesothelioma cases that reach the trial phase of a lawsuit typically take months to a year to settle. However, many mesothelioma cases are settled out of the court. It is advantageous for victims to receive compensation sooner than those who had to go through a long trial and verdict process. Settlements do not also oblige victims to file appeals, which could drag on for years and cause delays to compensation payments.

The initial phase of mesothelioma cases is to gather evidence and data. A lawyer will look over the history of a patient's employment to identify asbestos-related exposure and the companies that are responsible for their disease. Defendant lists are then created. Multiple defendants may be listed depending on the type of mesothelioma, as well as the corporate involved.

Asbestos defendants are not eager to pay out large settlements, and they may try different strategies to avoid paying victims. They might try to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and thwart them.

A mesothelioma attorney can also help a victim shorten their legal timeline. A person who is terminally ill can file a priority motion in court to accelerate the process of litigation.

The statute of limitations is another factor which affects the timeline for mesothelioma. This is due to states having laws that limit the amount of time that a person has to file an injury claim. The time-limit for filing claims is expiring, which means victims and their families must act fast.

Mesothelioma lawyers can also expedite the legal process by submitting an application to join a mesothelioma multipledistrict litigation (MDL). MDLs are used to group asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a quicker rate than if you had filed an individual lawsuit.

If the mesothelioma litigation process is successful the final verdict could be obtained within days after the trial phase. If the trial is complex and results in an unjust decision, it could take up to a year, or up to a year for victims to receive compensation.

Settlement Negotiations

Many asbestos victims and their families receive compensation without needing to enter the courtroom. This is because victims and their attorneys can settle a case prior to the trial. Settlements can be made after the initial offer is made and the defendant is given a set number of days to decide, or even after a trial has begun.

Mesothelioma lawsuits usually involve a back-andforth exchange of offers in the settlement negotiation process, via written correspondence or via phone. This can take months, weeks or even years. During this time a mesothelioma lawyer who is skilled can help their client get the highest possible amount of compensation they can get for their claim.

If the lawyer and the victim are unable to reach an agreement during these talks and they are unable to reach an agreement, they can move to mediation. This is where an outside party helps both sides to come up with an appropriate amount of compensation. It can take some time but is generally quicker than waiting for a verdict of a jury.

Asbestos producers hid the dangers of their products for years. As a result, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a fatal disease, mesothelioma. The victims could be entitled to compensation for medical expenses, funeral costs, and lost wages.

Each case is unique, the majority of mesothelioma cases end in an agreement. Asbestos companies prefer to settle rather than risk losing a verdict in court. They also know that it will take time to prepare the case for trial.

Asbestos-related lawsuits may be filed in the proper state and in the appropriate jurisdiction to speed up the process. Certain states, like have laws that ensure a trial within a year. A internationally recognized mesothelioma lawyer can assist a victim in filing in the state that will provide them with the highest compensation in the shortest amount of time. Some states have laws that allow for the statute of limitations to begin on a victim’s diagnosis date or their death date, rather than their exposure dates. This is a great way to ensure the statute of limitations will not run out before victims receive compensation for mesothelioma.

Final Verdict

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

The amount of time required to reach a final verdict varies from case to case. The amount awarded, quality of the evidence and number of parties all have an impact on the time it takes to decide on a case of mesothelioma.

Asbestos victims need to hire an experienced lawyer as soon as they can in order to ensure their rights throughout the mesothelioma lawsuit process. Lawyers can assist the families of victims to understand the complexities of legal procedures and deadlines. A lawyer can help ensure that the claim of a victim is not denied compensation because the statute of limitations has run out.

After determining the type of mesothelioma lawsuit, the victims or their lawyers will begin collecting all the documentation required for the claim. This includes mesothelioma diagnosis records and evidence of exposure.

Depending on the circumstances, there could be various asbestos trusts or companies which are liable and pay compensation to victims for asbestos-related injuries. The lawyer will examine the victim's history of asbestos exposure to determine which corporations could be responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.

Lawsuits involving asbestos are unique. They are typically brought by large corporations that employ teams of defense lawyers to try and derail the victim's claim. Experienced mesothelioma lawyers know how to stop these efforts and ensure that the case is moving forward.

The victim is not eligible for compensation if a mesothelioma lawsuit is not filed on time. The statute of limitations varies from state to state, and the time limit for personal injury and claims for wrongful death is different. If someone who is a victim, or a family member, has any concerns 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 look over the case to determine when to file it to increase the odds of a positive outcome.