Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations varies from state to state. The clock begins ticking off at the time of the diagnosis (for personal injury claims) or death (for wrongful death claims).
A skilled mesothelioma attorney understands the statutes of limitations in each state and how to speed up the process to get the compensation as fast as is possible. A faster resolution means that compensation is available when the families and victims need it most.
The Discovery Phase
After filing a mesothelioma suit attorneys on both sides will commence the discovery phase. This is a crucial aspect of the legal process and can last from 3-4 month. During this period, lawyers analyze the evidence submitted to create your mesothelioma lawsuit and gather additional information regarding asbestos exposure you have had in the past. Your lawyer will also question you and any other witnesses involved in the mesothelioma lawsuit. This could include both written and in person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interview sessions.
A skilled mesothelioma lawyer will use the data collected during the discovery phase to determine which asbestos companies are responsible for your injuries and illness. Asbestos defendants will attempt to delay the process to avoid paying compensation for the damages caused through their negligence. This is why it is important to retain mesothelioma attorneys who have experienced and aggressive legal representation.
Settlements are typically used to compensate asbestos victims financially. Settlements are typically completed prior to the trial, saving both parties time and stress.
Depending on the laws of your state and statutes of limitation depending on your state laws and statutes of limitations, you have up to five years from the time of diagnosis or the discovery of mesothelioma, to file a lawsuit for financial compensation. If a loved-one has died from mesothelioma within the last three years and their spouses or heirs are able to file an action for compensation.
A mesothelioma lawsuit is filed to secure an appeal or an agreement prior to trial. The American legal system is generally sympathetic to asbestos manufacturers' victims, which is why most mesothelioma lawsuits end in an agreement rather than going to trial.
Certain settlement offers for mesothelioma are made as soon as the litigation begins, while others are not made until attorneys are aware of the strength and weakness of each side's claim. The median verdict in a mesothelioma case is around $2 million. However, the majority of cases are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take between six months and a full year to resolve. However, many mesothelioma claims are settled out of the court. It is advantageous for victims to receive compensation sooner than if they had to go through a long trial and verdict process. Settlements don't require victims to to file appeals that can take years and delay payment.
The first phase of a mesothelioma case involves gathering evidence and information. A lawyer will go over the victim's employment history to determine asbestos exposure as well as the companies responsible for their disease. Defendant lists are created. Multiple defendants may be listed based on the type of mesothelioma as well as the companies involved.
Asbestos defendants may not be keen to pay large settlements and they may employ a variety of strategies to avoid paying victims. For instance, they could attempt to refute medical records or hide evidence related to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and ways to stop them.
A mesothelioma lawyer may also help victims shorten their legal timeline. If someone is terminally ill, they can make a motion for priority in court to speed up the litigation process.
The statute of limitations is another factor that influences the timeframe for mesothelioma. This is due to states having laws that limit the length of time a person can make a claim for compensation. The injured party and their family members must act quickly to prevent the time limit from expiring.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict litigation. MDLs are used to organize asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs and can take care of your case faster than if you filed separate lawsuits.
If the mesothelioma litigation process is smooth, a decision can be reached within days of the trial phase. If the trial is complicated and results in a wrongful verdict, it can take a few months or up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without needing to enter a courtroom. This is because the victims and their attorneys can settle a matter prior to the trial. Settlements can happen after the initial offer is made and the defendant is given a certain number of days to make a response, or even after a trial has started.
Mesothelioma lawsuits typically involve a back and forth exchange of offers during the settlement negotiation process, whether in writing or via phone. This process could take weeks or months, and even years. At this point mesothelioma lawyers can help their client receive the most compensation they can for their claim.
If the victim and their lawyer cannot reach an agreement during the negotiations and they are unable to reach an agreement, they can move to mediation. This is when an outside party helps both sides come up with a fair compensation amount. It can take some time, but it is often much shorter than waiting for a decision from juries.
For decades, asbestos manufacturers kept a secret about the dangers that came with their products. Many veterans, workers, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma, which is a deadly cancer. The victims can claim compensation to pay for medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases are settled, even though each case is unique. Asbestos companies prefer to settle rather than risk a negative verdict at trial. They also know that it will take time to prepare the case for trial.
Asbestos-related lawsuits may be filed in the appropriate state and jurisdiction to expedite the process. For example, some states have statutes of limitations that guarantee a trial within one year. A well-known mesothelioma law firm can assist victims in filing in the jurisdiction that can give them the highest amount of compensation within the shortest time. Additionally, certain states have special laws that allow the statute of limitations to begin at the victim's diagnosis date or when they died, instead of the date of their exposure. This is a great way to ensure that the statute of limitations will not expire before patients receive mesothelioma settlements.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict could be awarded compensation to victims or their families. It will also decide whether the defendant is accountable for an asbestos-related injury or death.
The time needed to reach a final verdict can vary from case to the case. The amount that is awarded as well as the strength of the evidence and the number of parties involved all impact how long it takes to settle a mesothelioma lawsuit.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the entire mesothelioma lawsuit procedure. Lawyers will assist victims and their families to understand the complexities of legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before a victim is able to receive compensation.
Once they have determined the type of mesothelioma claim is filed, the victims or their attorneys will begin gathering all the required documentation. Ontario mesothelioma lawsuit includes mesothelioma diagnosis and proof of exposure.
Based on the particular case, there may be several asbestos companies that are liable or trust funds that compensate the victim for the asbestos-related injuries they sustained. The lawyer will examine the victim's history of asbestos exposure to determine which companies could be responsible. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.
Asbestos lawsuits are unique. They are typically brought by large corporations that employ defense teams to try to thwart the victim's claim. Experienced mesothelioma attorneys know how to defy these tactics and keep the lawsuit moving forward.
The victim is not able to receive compensation if a mesothelioma suit is not filed in time. The statute of limitations differs from one state to the next and, for personal injury claims as well as wrongful deaths it is different. If a victim or a family member has questions about the statute of limitations and should contact a mesothelioma law firm as soon as possible to discuss their options. A mesothelioma lawyer will look over the case and determine the best way to file it to increase the chance of a successful outcome.