Mesothelioma Lawsuit Timeline

The statute of limitations for mesothelioma differs from state to state. The clock starts to tick from the time that a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).

A mesothelioma lawyer who's skilled will be aware of the state statute of limitations and the best way to speed up compensation to ensure that victims receive compensation as quickly as they can. Compensation is available to the families of victims when they need it the most.

The Discovery Phase

After you file your mesothelioma lawsuit attorneys from both sides will enter 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 analyze the evidence submitted to build your mesothelioma lawsuit and gather additional information regarding asbestos cancer lawsuit mesothelioma settlement exposure in the past. Your attorney will interview you and witnesses in the mesothelioma trial. This may include depositions in person and in writing. Our mesothelioma lawyers are skilled in this area of litigation and will prepare you for these interviews.

A mesothelioma lawyer will use the information gathered in the discovery phase to determine the asbestos-related companies responsible for your injuries or illness. Asbestos defendants will try to delay the process to avoid paying compensation for damage caused due to their negligence. It is therefore important to find a mesothelioma lawyer who has experience and a strong representation.

Settlements are usually used to compensate asbestos victims financially. Many of these payouts are made before the trial is scheduled to take place which saves both parties a lot of time and anxiety.

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

A mesothelioma case is filed in order to secure the verdict of a judge or to reach a settlement before trial. The American legal system is generally supportive of the victims of asbestos manufacturers this is why the majority of mesothelioma lawsuits end in a settlement rather than going to trial.

Some mesothelioma average settlement for mesothelioma death offers are made as soon as the litigation begins and others are only offered once attorneys have a strong understanding of the strength of each case. The median mesothelioma trial verdict is about $2 million, however the majority of cases settle for less than that amount.

The Trial Phase

Mesothelioma cases that reach the trial phase of a lawsuit typically take months to a year to resolve. Many mesothelioma cases are settled out of court. It is beneficial for victims to receive compensation quicker than those who had to go through a lengthy verdict and trial process. Settlements also do not require victims to file any appeals, which could drag on for years and cause delays to compensation payments.

The first phase of mesothelioma cases is to gather evidence and 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. Then the list of defendants is created. Based on a person's mesothelioma diagnosis and the type of company that were involved, there may be several defendants in a single claim.

Asbestos defendants aren't eager to settle large sums and may resort to a variety of tactics to avoid paying victims. They might try to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these strategies and stop them.

A mesothelioma lawyer can assist victims in reducing their legal timeline. Someone who is terminally sick can file a priority 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 restrict the time a person has to make an action. The statute of limitations is dwindling, so victims and their families have to take action quickly.

Lawyers who specialize in mesothelioma can also speed up the legal process by joining a multidistrict lawsuit. MDLs are used to group asbestos lawsuits to facilitate faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case much faster than if you filed separate lawsuits.

If the mesothelioma trial process goes well the final verdict could be reached within a matter of days after the trial phase. If the trial is complicated and results in an incorrect decision, it could take several months, or even up to one year for victims to get compensation.

Settlement Negotiations

Many asbestos victims, as well as their families are compensated without the need for the courtroom. This is because victims and their attorneys can settle a case before the start of a trial. Settlements can happen after the initial offer has been made and the defendant is given a set number of days to decide or after the trial has begun.

In the majority of instances, the settlement negotiation process involves an exchange of offers either by written correspondence or by phone. This can take months, weeks or even years. During this time, a knowledgeable mesothelioma lawyer can help their client get the maximum amount of compensation for their claim.

If the victim and their lawyer are unable to come to an agreement during the negotiations the two parties can then move to mediation. This is when a third party person helps both sides come to an appropriate amount of compensation. It may take a while, but is usually much faster than waiting for the verdict of a jury.

For decades, asbestos producers hid the dangers associated with their products. Many veterans, workers and family members of asbestos-exposed individuals have been diagnosed with mesothelioma. This is the most deadly form of cancer. They are eligible for compensation to cover funeral expenses, medical bills and lost wages.

Most mesothelioma cases are settled, even though each case is different. Asbestos companies would rather settle rather than risk losing a trial verdict. Moreover, they know that it will take time to prepare a case for trial.

Asbestos victims and their attorneys can also accelerate the process by filing an action in the correct state and in the right jurisdiction. For instance, some states have statutes of limitation which guarantee a trial within one year. A internationally recognized mesothelioma lawyer can help a victim file in the jurisdiction that can provide them with the highest compensation within the shortest time. Additionally, certain states have special laws that allow the statute of limitations to start on a victim's diagnosis date or the date they died, instead of their exposure dates. This is an excellent way to ensure that the statute of limitations will not expire before victims receive mesothelioma settlements.

Final Verdict

The final verdict or settlement is the final result of the mesothelioma case. The verdict could award compensation to the victims or their families. The verdict may also decide if a defendant was liable for the death or injury caused by asbestos.

The time required to reach a final verdict can vary from case to case. The amount awarded, quality of the evidence and the number of parties affect how long it takes to resolve mesothelioma cases.

Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist the families of victims to understand the complex legal procedures and deadlines. An attorney can ensure that the claim of a victim is not denied compensation because the statute of limitations has run out.

Once they have determined the type of mesothelioma claim is filed, victims or their lawyers will start collecting all the necessary documentation. This includes mesothelioma-related diagnosis records and evidence of exposure.

Depending on the circumstances, there may be various asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will examine the history of the victim's asbestos exposure to determine which corporations may be liable. They will also investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit.

Asbestos-related lawsuits are not common. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees to try and hinder a claim of a victim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward.

If a mesothelioma lawsuit is not filed in time, the victim will be barred from receiving compensation. The statute of limitations varies from state to state, and the time limit for personal injury and claims for wrongful deaths is different. If someone who is a victim, or a family member has any questions about the statute of limitations or the time limit for filing a claim, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer will review the case to determine where to file it in order to maximize the chance of a successful result.