Mesothelioma Lawsuit Timeline

The timeframe for mesothelioma lawsuits differs based on the specific case. For instance, certain states have different statutes of limitations for personal injury and wrongful death lawsuits.

The legal process can begin when a mesothelioma attorney determined that you have a valid claim. Settlements tend to be quicker than trials. The exact process of mesothelioma suits will depend on the defendants as well as other factors.

The Statute of Limitations

A person who has been diagnosed with mesothelioma only has a limited time to file a suit. The window of time, called the statute of limitations is dependent on the state and type of claim. In the majority of personal injury claims and deaths caused by negligence the clock starts to run at the time of the incident or injury. However, asbestos-related cases are different. Asbestos-related victims may not show symptoms or know they have a mesothelioma diagnosis until decades after exposure. To protect their clients, mesothelioma lawyers must be aware of the statute of limitations for every state.

A mesothelioma lawyer can examine the medical records of clients or interview witnesses and review documents in order to determine the most appropriate legal course of action. The mesothelioma lawyer can also determine the amount of a client's damages. This includes the compensation for future and past expenses of a patient which includes lost wages and costs associated with the disease, as well as pain and suffering.

Mesothelioma lawyers will take into consideration the victim's age, family status and any potential future financial impact of the cancer. Compensation may be paid in a lump sum, or in monthly installments, contingent on the terms and conditions of the settlement agreement. A mesothelioma case may take up to 18 months or more to settle. However, a skilled lawyer can seek a faster resolution and can negotiate to make sure that the process is as smooth and simple as possible.

If a mesothelioma patient passes and dies before receiving compensation, the family members may file a wrongful death lawsuit. These kinds of claims are more complex, however they can still be filed within the statutes of limitations. An experienced mesothelioma lawyer will explain the statute of limitations for cases of wrongful deaths and help families understand the options available to them for compensation.

Filing the Lawsuit

After a lawsuit has been filed, it can take weeks or months to complete the initial phase of the litigation. The legal team will gather information about the asbestos exposure which caused your illness. They will also identify defendants and draft a formal complaint. The defendants have a limited time to respond.

When this phase is finished then the discovery phase can begin. This is the most complicated stage and can take up to six months to complete. It involves information gathering depositions, reviewing documents. Negotiation is also a part of the process, where your lawyer attempts to reach a fair settlement with the defendants.

Mesothelioma lawyers usually operate on a contingency fee basis. It means that you won't be charged a fee up in the beginning to hire an attorney. Instead, they will charge a fee only when the case is decided or settled. This fee is usually a percentage of the damages.

The majority of people who are involved in mesothelioma lawsuits seek reimbursement for their medical expenses, lost income, and other costs that are related to their diagnosis. Additionally, they could also be entitled to a variety of noneconomic damages that are harder to quantify. Mesothelioma sufferers are often awarded punitive damages, which are damages a jury awards to punish the defendant for their wrongdoing.

Discovery

Mesothelioma victims must have evidence that supports their claims. Documentation is required on a variety of forms including medical records, employment histories as well as military service records, testimony and evidence of exposure to asbestos. Lawyers with experience in asbestos litigation be aware of the documentation required and can get it fast. They also know the strategies that asbestos companies use to deflect victims from paying what they deserve.

The process of discovery can take a significant amount of time. Lawyers representing asbestos victims must go through decades-old records of purchase orders, search for witnesses and conduct other research to determine the exact details of each victim's asbestos exposure. Mesothelioma attorneys have access to experts who can assist in determining the amount of asbestos exposure each victim received and its impact on their life.

Following the discovery process, mesothelioma wrongful death lawsuit lawyers can either prepare for a trial or negotiate settlements with their clients. Settlements can be a better option than an extended trial, and the timeframe for a mesothelioma lawsuit is reduced.

If a claimant has terminal illness, their attorney can file a preferred motion in a courtroom to speed up the case. Veterans, seniors and people with ill health can benefit from this method, which can reduce the timeframe for mesothelioma. The best way to investigate your options is to obtain a no-cost mesothelioma case evaluation by a reputable law firm. The top mesothelioma law firm offer these consultations for free for victims and their families.

Trial

While it's possible that the mesothelioma lawsuit could reach trial, it's more likely that the defendants will settle rather than take a risk on a bad verdict. Settlements are less costly for the defendants than trials. A settlement is also final and will end your lawsuit. A trial is a long and drawn-out process, which can be stressful for victims as well as their families.

When defendants receive the demand letter, a process called discovery can begin. It involves both parties exchanging information, and it can take a few weeks or even months. Following this stage the defendants require time to prepare for trial and make a motion to have summary judgment or dismissal.

The court will examine the plaintiff's claims and determine whether there is evidence that the defendant has caused the death or injury and is therefore liable for compensation. The court may also award damages, including economic and noneconomic compensation which can include medical expenses as well as funeral expenses, lost wages and documented suffering and pain.

Asbestos patients and their families file multiple claims due to asbestos exposure at several sites. In addition, certain cases are filed in multiple states due to asbestos exposure sites or the victim's residency. In certain cases, a mesothelioma lawyer can help families of victims receive multistate compensation that is easier to calculate and confirm. If a victim's family or they win compensation, payments can begin immediately after the verdict is made public. Compensation can be paid as a single lump amount or in monthly installments. A mesothelioma lawyer can negotiate an agreement that is as fair as they can for their clients.

Settlement

In this phase, your lawyer will assist you in settling your compensation claim. In general, the lawyers of both sides will agree to a settlement that reflects how mesothelioma has affected your quality of life, as well as suffering and pain. Your lawyer will also assess your losses, like the loss of income or other financial costs.

Settlements are commonplace because they take less time than a trial, and allow victims to receive compensation when they need it the most. Additionally, most companies will prefer to settle than risk an expensive trial verdict. However, your attorney can negotiate the most favorable settlement on your behalf.

After your lawyer has gathered all the pertinent information, he will file your lawsuit. Defendants will have a set period of time to respond to your lawsuit before the court approves a final settlement.

A mesothelioma lawsuit can be filed under the personal injury claim or wrongful-death claim. A wrongful death claim is filed on behalf of a victim who passed away from asbestos exposure, and it follows the same process as a personal injury claim.

Your mesothelioma attorney will determine the most appropriate location for your case based on a range of factors. These include state laws and evidence. In addition, the lawyer can determine any possible sources of funding that might be available. It could be compensation from an asbestos trust funds. These trust funds were put in place up by companies that were responsible for asbestos exposure but could not afford to fight lawsuits. The trusts were set up to compensate the victims and their families. Contact a mesothelioma lawyer now for more information.