Mesothelioma Lawsuit Timeline

The statute of limitations for mesothelioma varies from state to state. The clock starts ticking from the date of diagnosis (for personal injury claims) or death (for claims for wrongful deaths).

A mesothelioma lawyer that is knowledgeable will know the statute of limitations for the state and how to speed up compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to victims and their families when they need it most.

The Discovery Phase

Following the filing of a mesothelioma case, attorneys from both sides will begin the discovery phase. This is an essential part of the legal process, and usually takes between 3 and 4 months. During this period, lawyers will review the evidence provided to help build your case for mesothelioma and gather additional information about the asbestos exposure you've been exposed to in the past. Your lawyer will question you, as well as witnesses involved in the mesothelioma lawsuit. This could include both written and in person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interview sessions.

A mesothelioma lawyer will use the information gathered during the discovery phase to determine the asbestos companies accountable for your injuries or illness. Asbestos defendants don't want to compensate you for the harm caused by their negligence, and will likely try to stall the process as much as possible. Therefore, it is essential to hire a mesothelioma lawyer who has experience and a strong representation.

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

You have between one and five years, based on the state laws or statutes of limitation, starting from the day you were diagnosed with mesothelioma. If a loved one of yours has died of mesothelioma spouses and heirs can have up to three years in which to submit a wrongful death claim for compensation on their behalf.

A mesothelioma lawsuit kentucky case is filed to secure the verdict of a judge or to reach a settlement prior to trial. The American legal system tends to be sympathetic to asbestos producers' victims which is why the majority of mesothelioma cases end in settlements rather than going to court.

Certain mesothelioma settlements are made as soon as litigation begins. Others are only made available after lawyers have a strong understanding of the strength of each side's case. The median verdict in a mesothelioma lawsuit is around $2 million. However, the majority of claims are settled for much less.

The Trial Phase

Mesothelioma cases that reach the trial stage of a lawsuit typically take anywhere from a few months to a full year to settle. A majority of mesothelioma cases settle out of court. This is advantageous to the victims because they can receive compensation faster than would be the case in the event of an extended trial and a lengthy verdict process. Settlements do not oblige victims to file appeals, which could drag on for years and delay the payment of compensation.

The first step in mesothelioma cases involves gathering evidence and data. A lawyer will look over the work history of a victim to determine asbestos-related exposures and the companies that are responsible for their condition. Defendant lists are created. Based on a person's mesothelioma type and which corporations were involved, there could be several defendants in a single claim.

Asbestos defendants may not be keen to pay large settlements, and they might try a variety tactics to avoid paying victims. For example, they might attempt to refute medical records or hide evidence of asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and ways to defeat them.

A mesothelioma lawyer can also assist patients in reducing their legal timeframe. Someone who is terminally sick can file a priority motion in court to accelerate the litigation process.

The statute of limitations is yet another factor that can affect the mesothelioma timeline. This is due to states having laws that limit the amount of time that a person has to file an injury claim. Victims and their loved ones must act quickly to prevent the statute of limitations from running out.

Mesothelioma lawyers can also speed up the legal process by making an application to join a mesothelioma multipledistrict litigation (MDL). MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm has extensive experience with MDLs and can manage your case at a faster pace than if you filed an individual lawsuit.

If the mesothelioma trial process goes well, a final verdict can be obtained within days after the trial phase. However, if the trial is complicated and results in a wrongful decision, it may take several months or up to one year for victims to receive compensation.

Settlement Negotiations

Many asbestos victims and their families are granted compensation without ever needing to enter a courtroom. It is possible for victims and their lawyers to settle a matter prior to a trial. Settlements can occur after the initial offer is made and the defendant is given a certain number of days to respond, or even after a trial has begun.

Mesothelioma lawsuits usually involve a back and forth exchange of offers in the settlement negotiation process via written correspondence or over the phone. This process can take several weeks, months, or even years. During this stage, a mesothelioma attorney can help their client get the most compensation they can for their claim.

If a mesothelioma sufferer and their lawyer are unable to reach a settlement during the negotiations, they can go to mediation which is a third-party person who helps both sides reach an agreement on a fair compensation amount. This can also take some time, but it is often much shorter than waiting for a verdict from juries.

For decades, asbestos producers hid the dangers associated with their products. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. The victims can claim compensation to cover funeral costs, medical bills and lost wages.

The majority of mesothelioma cases settle, even though every case is unique. Asbestos firms would rather settle than risk losing a trial verdict. Furthermore, they are aware that it will take time to prepare an argument for trial.

Asbestos-related lawsuits can be filed in the proper state and in the appropriate jurisdiction to speed up the process. For example, some states have statutes of limitations that guarantee a trial within one year. A mesothelioma lawyer with national recognition can assist patients in filing a claim in the jurisdiction that will allow them to receive the highest amount of compensation within the shortest period of time. Certain states have laws that allow the statute of limitations to start on a victim's diagnosis date or death date, not their exposure dates. This is an excellent way to ensure the statute of limitations will not run out before victims receive compensation for mesothelioma.

Final Verdict

The mesothelioma case will end with a verdict or settlement. The verdict could be awarded compensation to the victims or their families. It may also determine whether or not a defendant is liable for a related asbestos-related injury or death.

The time needed to reach a final decision can differ from case case. The amount that is 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 to ensure their rights throughout the mesothelioma litigation process. Attorneys can help families and victims learn about the complex legal processes and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation because the statute of limitations has expired.

After determining which mesothelioma case type is filed, victims or their lawyers will begin collecting all the necessary documents. This includes mesothelioma diagnoses and proof of exposure.

In the event of a case, there may be multiple liable asbestos companies or trust funds that will compensate a victim for their asbestos-related injuries. The lawyer will look into the history of the person's asbestos exposure to determine which corporations are liable. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.

The asbestos lawsuits are atypical. They typically involve large companies with teams of skilled defense lawyers who pay substantial retainer fees to try to derail a victim's claim. Expert mesothelioma lawyers are able to stop these tactics and keep the case moving forward.

The victim is not able to receive compensation if a mesothelioma suit is not filed in time. The time limit for filing a lawsuit varies from state to state, and the statute of limitations for personal injury and wrongful death claims is different. If a victim, or a family member has doubts regarding the statute of limitations or the time limit for filing a claim, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer can review the case to determine where to file it to increase the odds of a positive outcome.