Mesothelioma Lawsuit Timeline

The mesothelioma statute of limitation differs from state to state. The clock begins to tick at the time the patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).

A skilled mesothelioma attorney understands state statutes of limitations and can speed up the process to receive compensation as soon as is possible. A faster resolution means that compensation is available when the victims and their families are in need of it most.

The Discovery Phase

Following the filing of a mesothelioma case, attorneys from both sides will begin the discovery phase. This is a crucial part of the legal procedure and can take anywhere from 3 to 4 months. During this period, lawyers examine the evidence submitted to create your mesothelioma lawsuit and gather additional information regarding asbestos exposure you have had in the past. Your lawyer will also question you and any other witnesses involved in your mesothelioma claim. This could include written and in-person depositions. Our mesothelioma lawyers are skilled in this particular aspect of litigation and will help you prepare for these interviews.

A mesothelioma attorney will use the information gathered in the discovery phase to identify the asbestos-related companies accountable for your illness or injuries. Asbestos defendants aren't eager to compensate for the harm they caused through their negligence, so they will likely try to stall the process as long as they can. Therefore, it is essential to find a mesothelioma lawyer with experience and aggressive representation.

Settlements are typically used to pay compensation to asbestos victims financially. Settlements are usually completed prior to the trial, thereby saving both parties time and stress.

You have between one to five years, based on the state laws or statutes of limitation from the time you were diagnosed with mesothelioma. If your loved one has died from mesothelioma, spouses and heirs can have three years to file a wrongful death claim to claim compensation on their behalf.

A mesothelioma case is filed to win the verdict of a judge or to reach a settlement prior to trial. The American legal system is generally supportive of asbestos victims this is why the majority of mesothelioma lawsuits result in the form of a settlement instead of going to trial.

Some settlement offers for mesothelioma are made as soon as the litigation starts, while others are not made until attorneys have a good understanding of the strengths and weaknesses of each claim. The median mesothelioma trial verdict is approximately $2 million, but most claims settle for far less than that.

The Trial Phase

Cases of mesothelioma that reach the trial phase of a lawsuit typically take between six months and a full year to settle. Many mesothelioma cases are settled out of court. This is beneficial for victims because it allows them to receive compensation much quicker than would be the case in the event of a lengthy trial and verdict process. Settlements do not require victims to file appeals that can take years to resolve and could delay payment.

The initial phase of a mesothelioma lawsuit involves gathering evidence and obtaining information. A lawyer will go over the history of employment of the victim to determine asbestos exposure and the companies that are responsible for their condition. The defendant lists are then compiled. Multiple defendants can be listed depending on the type of mesothelioma, as well as the corporate involved.

Asbestos defendants might not be keen to settle large sums of money and they might try a variety tactics to avoid paying victims. For instance, they could attempt to refute medical records or conceal evidence relating to asbestos exposure. Our mesothelioma lawyers have experience in identifying these tactics and how to defeat them.

A mesothelioma lawyer may assist a victim in reducing their legal process. Anyone who is sick can file a prior motion in court to speed up the process of litigation.

The statute of limitations is another factor that affects the mesothelioma timeline. States have laws that limit the time that an individual has to file an action. The victims and their families must act fast to prevent the statute of limitations from running out.

Lawyers who specialize in mesothelioma may also speed up the legal process by joining multidistrict litigation. MDLs bring similar asbestos cancer lawsuit lawyer mesothelioma settlement lawsuits to ensure faster processing. The Williams Law Firm is experienced in handling MDLs and can handle your case much faster than if you had filed separate lawsuits.

If the mesothelioma litigation process goes smoothly, a verdict is reached within a few days of the trial phase. If the trial is lengthy and results in a wrongful decision, it may take a few months or up to an entire year for victims to be awarded compensation.

Settlement Negotiations

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

Mesothelioma lawsuits typically involve a back-and-forth exchange of offers in the settlement negotiation process either through written correspondence or via phone. The process can last for weeks, months, or even years. During this stage mesothelioma lawyers can assist their client in receiving the most compensation they can for their claim.

If the victim and their lawyer are unable to come to 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 come to an appropriate amount of compensation. It may take a while but is generally faster than waiting for the verdict of the jury.

Asbestos manufacturers concealed the dangers of their products for decades. Many veterans, workers, and family members of asbestos-exposed people have been diagnosed with mesothelioma. This is a deadly cancer. They are eligible for compensation to cover medical bills, funeral expenses and lost wages.

Although every case is unique, most mesothelioma claims end in a settlement. Asbestos companies prefer to settle than risk a negative verdict at trial. Moreover, they know that it will take time to prepare a case for trial.

Asbestos-related lawsuits may be filed in the proper state and in the appropriate jurisdiction to expedite the process. For example, some states have statutes of limitation that guarantee a trial within one year. A nationally recognized mesothelioma lawyer 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 limitation to begin at the victim's diagnosis date or their death, instead of the date of their exposure. This is an excellent way to make sure that the statute of limitations does not expire before victims receive mesothelioma settlements.

Final Verdict

The mesothelioma lawsuit will end with a verdict or settlement. The verdict could provide compensation to the victims or their families. The verdict could also determine whether a defendant is liable for the death or injury caused by asbestos.

The time it takes to reach a decision will differ from case to situation. The amount of money awarded, the strength of the evidence, and the number of parties influence the time it takes to resolve a case of mesothelioma.

Asbestos sufferers should hire an experienced lawyer as soon as they can in order to protect their rights throughout the entire mesothelioma lawsuit process. Attorneys will help the families of victims to understand the complicated legal procedures and deadlines. A lawyer can also ensure that the statute of limitations doesn't expire before the victim receives compensation.

After determining the nature of mesothelioma lawsuit, victims or their attorneys will start collecting all necessary documentation to support the claim. This includes mesothelioma diagnosis documents and proof of exposure.

Based on the specific circumstances, there could be several asbestos companies or trusts which are liable and compensate the victim for their asbestos-related injuries. The lawyer will look into the victim's exposure history and determine which companies are liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.

Asbestos lawsuits are distinct. They usually involve large corporations with teams of experienced defense attorneys paid substantial retainer fees in order to stop a victim's claim. Experienced mesothelioma lawyers know how to stop these attempts and ensure that the case is moving forward.

If a mesothelioma lawsuit is not filed within the timeframe, the victim will be disqualified from receiving compensation. The statute of limitations differs from state to the next, and for personal injury claims and wrongful deaths, it's different. If someone who is a victim, or a family member, has any questions about the statute of limitations and should contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer will look over the case to determine when to file it to maximize the odds of a positive outcome.