Mesothelioma Lawsuit Timeline

The mesothelioma statute of limitations is different from state to state. The clock begins to tick at the time of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful deaths).

A mesothelioma lawyer that is skilled will be aware of the statute of limitations in the state and how best to expedite compensation to ensure that victims receive compensation as quickly as they can. A faster resolution means that compensation comes when victims and their families require it the most.

The Discovery Phase

After you have filed your mesothelioma suit, attorneys for both sides will enter the discovery phase. This is an important part of the legal process and can take anywhere from 3 to 4 month. During this period lawyers will look over the evidence provided to help build your case for mesothelioma and gather more information regarding asbestos exposure you've been exposed to in the past. Your attorney will also interview you and any witnesses involved in your mesothelioma claim. This may include written and in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interview sessions.

A mesothelioma lawyer who is skilled will use the information that is gathered during the discovery process to determine which asbestos companies are liable for your illness and injuries. Asbestos defendants may attempt to delay the process so that they can avoid paying compensation for damage caused due to their negligence. It is therefore important to choose a mesothelioma attorney with experience and an aggressive approach.

Settlements are often used to pay compensation to asbestos victims financially. Many of these payouts are made even before the trial is scheduled to take place which can save both parties a lot of time and anxiety.

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

A mesothelioma lawsuit is filed to secure the verdict of a judge or to reach a average settlement for mesothelioma lawsuits prior to trial. The American legal system is known to be tolerant of the victims of asbestos producers and that is the reason why the majority of mesothelioma cases result in settlements rather than going to court.

Certain settlement offers for mesothelioma can be immediately after the trial begins, while others are not announced until attorneys are aware of the strength and weakness of each party's claim. The median verdict in a mesothelioma case is around $2 million. However, most claims are settled for less.

The Trial Phase

Mesothelioma cases that reach the trial phase of a lawsuit typically take between six months and a full year to settle. However, a lot of mesothelioma lawsuits are settled out of court. It is beneficial for victims to receive compensation sooner than those who had to go through the lengthy verdict and trial process. Settlements also do not oblige victims to file appeals, which could drag on for years and cause delays to the payment of compensation.

The first phase of mesothelioma cases involves gathering evidence and data. A lawyer will review the history of employment of the victim to determine asbestos exposure as well as the companies responsible for their disease. Then, a list of defendants is created. Multiple defendants may be listed depending on the type of mesothelioma as well as the companies involved.

Asbestos defendants are not eager to pay out large settlements, and they may try various strategies to avoid paying victims. For example, they might attempt to defy medical records or hide evidence relating to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and thwart them.

A mesothelioma lawyer could assist victims in reducing their legal process. Someone who is terminally ill can file a priority motion in court to speed up the process of litigation.

The statute of limitation is another aspect that affects the timeline for mesothelioma. States have laws that limit how long the person has to file a claim. Victims and their loved ones must act swiftly to stop the time limit from running out.

Mesothelioma lawyers can also expedite the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a faster rate than if you filed a separate lawsuit.

If the mesothelioma lawsuit process is successful, a verdict may be reached within days of the trial phase. If the trial is complex and leads to an incorrect verdict, it may take up to a year, or up to one year for victims to get compensation.

Settlement Negotiations

Many asbestos victims, as well as their families receive compensation without the need to go through an in-courtroom. It is possible for the victims and their attorneys to settle a case before a trial. Settlements can happen after the initial offer has been made and the defendant is given a certain number of days to decide or after a trial has started.

In the majority of cases the process of negotiating settlements involves a back and forth exchange of offers either by written correspondence or by phone. This could take months, weeks, or even years. During this time, a skilled mesothelioma lawyer can assist their client in obtaining the maximum amount of amount of compensation for their claim.

If a mesothelioma patient and their attorney are unable to come to a settlement during these negotiations, they may move to mediation, which is a third-party person who helps both sides agree on a fair compensation amount. It can take some time but is generally quicker than waiting for the verdict of the jury.

Asbestos manufacturers hid the dangers of their products for years. As a result, many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma cancer. The victims can claim compensation to pay for funeral expenses, medical bills and lost wages.

The majority of mesothelioma cases settle, even though every case is different. Asbestos companies prefer to settle rather than risk a negative verdict at trial. Furthermore, they are aware that it takes time to prepare the case for trial.

Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to accelerate the process. For example, some states have statutes of limitation that allow for a trial to be held within one year. A well-known mesothelioma law firm can assist victims in filing in the state that will award them the most compensation in the shortest time. Additionally, certain states have laws that allow the statute of limitation to begin at the victim's diagnosis date or the date they died, instead of the date of their exposure. This is an excellent method to ensure that the statute of limitations will not expire before victims receive compensation for mesothelioma.

Final Verdict

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

The time required to reach the final verdict varies from case to case. The amount of money awarded as well as the strength of the evidence and the number of parties involved all influence the time it takes to settle a mesothelioma lawsuit.

Asbestos victims should seek out an experienced lawyer as soon as they can in order to safeguard their rights throughout the mesothelioma lawsuit procedure. Lawyers will assist victims and their families understand the complexities of legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation because the statute of limitations has expired.

Once they have determined the type of mesothelioma lawsuit, victims or their attorneys will start collecting all necessary documentation for the claim. This includes mesothelioma-related diagnoses and evidence of exposure.

Based on the circumstances, there could be several asbestos companies or trusts which are liable and compensate a victim for their asbestos-related injuries. The lawyer will research the history of exposure and determine which companies are liable. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.

Asbestos-related lawsuits are not common. They usually involve large corporations with teams of highly skilled defense lawyers who pay substantial retainer fees to try and derail a victim's claim. Expert mesothelioma lawyers are able to stop these tactics and ensure that the case is moving forward.

If a mesothelioma claim is not filed within the timeframe the victim will be denied from receiving compensation. The statute of limitation differs from state to the next, and for personal injury claims as well as the wrongful death of a person, it differs. If a victim or their family member has any concerns regarding the statute of limitation and should contact a mesothelioma legal firm immediately to discuss their options. A mesothelioma lawyer with experience will examine the case and determine where to file it to maximize the chance of a favorable outcome.