Mesothelioma Lawsuit Timeline

A mesothelioma lawyer lawsuit diagnosis can be devastating. The majority of patients are at or near retirement age and have to endure mounting medical costs.

Mesothelioma is a cancer that develops between 10 and 40 years after exposure to asbestos. State laws called statutes of limitations give victims one to five years from the date of diagnosis or discovery to file a claim.

Statute of limitations

Mesothelioma attorneys work to ensure that victims are able to file their lawsuits before the expiration date of the statute of limitations. The time frame for filing is dependent on the state and type of claim. Personal injury claims typically have a statute that begins at the time the victim is diagnosed, while the claims for wrongful deaths begin with the date that the victim passed away.

The primary reason behind mesothelioma statutes of limitation is that the evidence in these cases can disappear over time. The law obliges victims to act swiftly to be compensated for their losses.

Many victims will seek out mesothelioma lawyers immediately following a diagnosis of asbestos exposure or a discovery. Attorneys can begin collecting information about mesothelioma, and also identify potential defendants.

Once this information is gathered, a mesothelioma lawsuit can be filed in the proper court. The time frame to file mesothelioma cases varies from state to state, however attorneys can help victims determine the best filing location based on their employer, jobsite and residence location.

In some states the statute of limitations may be extended to ensure that a mesothelioma sufferer or their family members have more time to plan and gather evidence. This is helpful 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 can be a devastation for families that may last decades after asbestos exposure. Because of the lengthy time to develop the disease, patients are typically not diagnosed until they are in their final stages of life. As a result, the statute of limitations usually expires before victims and their families are aware that they have to file a lawsuit.

Preparation and Filing

Your lawyer will collate details about your mesothelioma and your medical condition, and file a formal complaint. The defendants then have an incredibly short time, 30 days, to respond.

Your attorney will then review the answers of the defendants and decide if they want to continue 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 be in a position to negotiate on behalf of you. This part of the process could take a few weeks or even months.

Many mesothelioma lawsuits settle before trial. A trial can add time to the process and defendants are more likely to settle in the event that they don't want to risk losing a court decision. Certain cases end up in court, and defendants could appeal a favorable verdict.

Mesothelioma patients are entitled to reimbursement for medical treatment and expenses related to diagnosis. These costs include the cost of medications and travel to specialist appointments and much more. Compensation may also be offered to the families of the victims for emotional and financial losses suffered due to the death of a loved one.

By bringing an action against the asbestos-related companies responsible for your diagnosis, you will be able to hold them accountable for their lapses. Mesothelioma lawyers will also ensure that you receive a fair settlement that will allow you to secure your family's future. Request a free mesothelioma case review to begin your legal journey today. A lawyer will tell you whether you're entitled to compensation due mesothelioma and the way in which the statute of limitations applies to your case. This deadline varies from state to state. It is essential to consult with mesothelioma lawyers as soon as you can.

Response

Asbestos victims can get compensation for their mesothelioma through various legal claims. It can take a while to settle a claim, and the amount dependent on many factors.

Compensation is typically awarded in the form of a settlement although some cases will reach trial. Asbestos lawyers negotiate on behalf of their clients to maximize payout amounts. The average time for settling mesothelioma cases varies between one and twelve months.

Attorneys begin a mesothelioma matter by gathering information about asbestos exposure and identifying defendants. They then draft an official complaint. The defendants are then given an amount of time to reply. If they do not respond within 30 days they are automatically excluded.

Once the defendants have been informed of the lawsuit, they'll have the option of settling the settlement or go to court. The majority of mesothelioma lawsuits settle without court.

Most mesothelioma cases are filed by asbestos-related illness sufferers or family members of mesothelioma victims. The lawsuits are filed against companies that expose the victims to asbestos, typically over a period of many years.

Our lawyers at Weitz & Luxenberg can handle the entire process from beginning to end. This way, you can focus on your health and your family. We also recognize that time is precious and will speed up the claim process so that we can receive your money as quickly as is possible. Additionally, we will handle all the details of your claim through virtual and teleconferencing meetings so you don't have to travel or infection risks during the COVID-19 pandemic. Our team has over 50 years of experience.

Discovery

Mesothelioma cases are complex and require a deep knowledge of the law and the science behind asbestos exposure. Experienced mesothelioma attorneys understand the strategies used by asbestos companies in order to sabotage a victim's claim. They know how to counter these tactics and present convincing evidence of an asbestos-related illness to secure compensation for victims.

During the discovery phase, both sides in a mesothelioma lawsuit collect details about their claims from each other. Lawyers may ask each side to respond to written questions or participate in depositions. They may also request documents and other information. At this point, victims receive the highest amount of compensation for their claims.

Once both parties have collected information about the claims they will meet to discuss the issues. Lawyers for each side can agree on an agreement or go to trial. Mesothelioma patients typically receive more money in a settlement than they would receive should the case gone to trial.

If the parties are unable reach an agreement then a trial will be scheduled at a pre-arranged date. Both attorneys will present opening statements during the trial and then present evidence to the judge. The jury will decide whether the plaintiff or defendant deserves compensation.

The vast majority mesothelioma lawsuits are settled prior to trial. The process of settling usually lasts approximately one year.

Settlement

A mesothelioma lawyer who is skilled can ensure that the settlement process is completed swiftly and is based on the specific circumstances of the case. The settlement phase typically lasts a few months or less. Negotiations with defendants are a part of this process and so is the gathering of evidence. An experienced attorney will be able to anticipate this timeframe and decide which strategy will lead to an outcome that is successful.

Compensation from a mesothelioma lawsuit can help victims and their families pay for medical expenses and other financial obligations. It also gives you peace of mind in the near future. Mesothelioma patients often have to have to take time off from work to undergo treatment, which can affect the family's income. The money awarded from a mesothelioma claim can supplement lost wages and help families pay for ongoing treatment.

Many asbestos victims and their loved ones are unable to file a mesothelioma or wrongful death suit in time due to the statute of limitations. However, mesothelioma lawyers are able to assist surviving spouses and other survivors of asbestos victims who have died to pursue legal claims to recover compensation.

To ensure that victims receive maximum compensation, there are specific guidelines and rules for lawsuits. A mesothelioma lawyer who is experienced understands these laws and can file a suit in the right venue. This will help clients avoid filing in the wrong court or ignoring the time limit.

Defendants must respond lawsuit within a certain period of time that typically ranges between 30 days and several months. The attorneys on both sides then exchange discovery that includes witness testimony (depositions) and other evidence to back their claims.

If the parties cannot reach a mesothelioma settlement, the case will go to trial for a final resolution. Most cases will end with an agreement, but some will not. Our mesothelioma lawyers are committed to helping our clients through the entire case including appeals.