Mesothelioma Lawsuit Timeline

The timeframe for mesothelioma class action lawsuit commercial lawsuits differs based on the specific case. Some states, for example, have different statutes of limitation for personal injury and wrongful deaths claims.

Once a mesothelioma lawyer has established if you have a viable claim the legal process will begin. Typically, settlements are faster than trials. However the exact mesothelioma lawsuit procedure will be determined by the defendants and other factors.

The Statute of Limitations

A mesothelioma patient has a short period of time to file a lawsuit. This time period, also known as the statute of limitations, may vary based on the state and claim type. In the majority of personal injuries and wrongful deaths, the clock starts ticking when there is an injury or accident. However, asbestos-related cases are different. Asbestos exposure can cause symptoms and mesothelioma that can grow for decades afterward. To protect their clients, mesothelioma attorneys must be aware of the limitations on liability in each state.

A mesothelioma lawyer can review the medical records of a patient, interview witnesses, and examine documents to determine the most legal strategy for the case. The mesothelioma lawyer can also determine the amount of a client's losses. This includes compensation for a patient's past and future losses, such as the loss of wages, expenses relating to the illness, suffering and pain.

Lawyers for mesothelioma are able to take into account the victim's age and family status, as well as any financial consequences that the disease might have. Compensation can be paid in a lump sum or in monthly installments, based on the terms of the settlement agreement. A mesothelioma lawsuit can take eighteen months or more to settle, but a skilled attorney knows how to advocate for a faster resolution and can negotiate with defendants to ensure the process is as smooth as possible.

If a mesothelioma patient dies away before obtaining compensation, their family members can file a wrongful death lawsuit. These kinds of claims are more complex, but they are still able to be filed within the statute of limitations. A mesothelioma lawyer who is experienced can explain the statute of limitations in cases of wrongful deaths and help families understand the options available to them for compensation.

Filing the Lawsuit

After a lawsuit is filed, the initial stage could take a few weeks or even months. The legal team will gather details regarding the asbestos exposure which caused your illness. They will also identify defendants and draft an official complaint. The defendants are then given a specific period of time to reply.

After this phase is complete and the discovery phase is in full swing, the next step begins. This is the most difficult phase, and can take up to six months to complete. This stage involves gathering data including depositions, reviewing documents and depositions. It can also include negotiations, where your lawyer will try to get an acceptable settlement offer from the defendants.

Most mesothelioma attorneys work on a contingency fee basis. This means that there is no up-front cost to hire an attorney and they will only charge you a fee after having won your case or negotiating an agreement. The fee is usually an amount of the damages you receive.

Most people who file mesothelioma lawsuits seek reimbursement for medical expenses, lost wages, and other expenses that are substantiated with the diagnosis. Additionally, they could also be entitled to a number of non-economic damages which are more difficult to quantify. Punitive damages are typically given to mesothelioma patients punishment for the defendant.

Discovery

Mesothelioma victims must have solid evidence to support their claims. Documentation is required on a variety of forms such as medical records, employment histories as well as military service records, evidence and evidence of asbestos exposure. Lawyers who have expertise in asbestos litigation know what is needed and how to secure it quickly. They also know the tactics that asbestos companies use to deflect victims from paying the amount they deserved.

The process of discovery can take a lot of time. Asbestos victims' attorneys must go through decades-old purchase order 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 been exposed to and the impact it has had on their life.

Once the discovery process is complete, mesothelioma lawyers can either prepare an initial trial or negotiate a settlement with their clients. Settlements can be an alternative to a lengthy trial and the timeline for a mesothelioma lawsuit can be shortened.

If a claimant is suffering from terminal illness, their lawyer can file a preference motion in a courtroom to speed up the case. Veterans, seniors and people who are sick can benefit from this method which could reduce the timeline for mesothelioma. A no-cost mesothelioma consultation with an experienced law firm is the best way to know about the options available. Consultations are offered at no cost by best mesothelioma lawyers to victims and their family members.

Trial

Although it is possible that mesothelioma cases will go to trial, the defendants are more likely to offer settlements rather than risk a negative verdict. Settlements are less expensive for defendants than a trial. Furthermore, a settlement will be final and will close the lawsuit. Trials are a long and drawn-out process that can be stressful for victims and their families.

After the defendants have received the demand letter and received it, they can start a process called discovery, which involves both sides exchanging information and can take weeks to months. After this phase, the defendants need time to prepare for a trial and can file a motion for summary judgment or dismissal.

The court will look into the plaintiff's claim and determine whether there is evidence to show that the defendant caused the injury or death and is therefore liable for compensation. The court may also award damages, such as economic compensation as well as non-economic compensation. This can include medical expenses, lost wages funeral expenses, documented pain and discomfort.

Asbestos victims and their families frequently have multiple claims filed based on multiple asbestos exposure sites. There are cases that are filed in more than one state due to the asbestos exposure sites or the victim's residence. In certain cases, mesothelioma lawyers are able to help victims and families receive compensation across states. This is easier to determine, verify, and calculate. If the family of a victim or they receive compensation, payments can begin as soon as the verdict is made public. Compensation can be paid in one lump amount or in monthly installments. A mesothelioma lawyer can negotiate an agreement that is as fair as it can be for their clients.

Settlement

At this point, your lawyer will assist you in settling your compensation claim. In general, both sides will negotiate an agreement that is reflective of the impact mesothelioma has on your quality-of-life, including pain and discomfort. Your lawyer will also assess your losses, which include the loss of income as well as other financial expenses.

Settlements are common because they take less time than a trial and permit victims to receive compensation when they require it most. The majority of companies prefer to settle rather than risk a costly trial verdict. Your attorney can negotiate the best settlement for you.

After your lawyer has gathered the relevant information, he will file your lawsuit. The defendants will be given a specific period of time to respond to your claims prior to the court approves the final settlement.

A mesothelioma lawsuit can be filed as an injury claim for personal injury or as a wrongful-death claim. A wrongful death claim is filed on behalf of a victim who died from asbestos exposure, and it follows the same timeline as an injury claim for personal injury.

Your mesothelioma lawyer will determine the best location for your case based on a range of factors. These include state laws and available evidence. In addition, the lawyer can determine any possible sources of funding that might be available. This could include compensation from asbestos trust funds. These trust funds were put in place by companies who were responsible for asbestos exposure, but were unable to afford the lawsuits. These trusts were established to compensate victims and their families. Contact a mesothelioma attorney today for more details.