Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations is different from state to state. The clock begins to tick at the time of diagnosis (for personal injury claims) or death (for wrongful death claims).
A skilled mesothelioma attorney understands the limitations of state law and can speed up the process of obtaining the compensation as fast as is possible. Compensation is available to the families of victims when they require it most.
The Discovery Phase
After you have filed your mesothelioma suit attorneys from both sides will go through the discovery phase. This is a crucial aspect of the legal procedure and can last for 3 to 4 month. During this time, lawyers will review all evidence submitted to build your case for mesothelioma and gather additional information about the asbestos exposure you've experienced in the past. Your attorney will also interview you and any witnesses who are involved in your mesothelioma case. This could include written and in-person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.
A mesothelioma attorney will use the information gathered in the discovery phase to identify the asbestos companies that are responsible for your injuries or illness. Asbestos defendants will attempt to delay the process so that they can 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.
Asbestos victims are typically awarded significant financial compensation in settlements. These settlements are often done prior to trial, thereby saving both parties from stress and time.
You have between one to five years, based on the state law or statutes of limitation from the time you were diagnosed with mesothelioma. If a loved one has died from mesothelioma within the past three years and their spouses or heirs are able to file an application for compensation.
The aim of a mesothelioma lawsuit is to reach an agreement before trial or the case in the court. The American legal system is known to be supportive of the victims of asbestos producers which is why the majority of mesothelioma cases end with settlements instead of going to court.
Certain mesothelioma settlements are offered as soon as litigation begins. Others are only offered once attorneys have a clear understanding of the strength of each party's case. The median verdict in a mesothelioma case is around $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit usually take anywhere from a few months to a full year to settle. A majority of mesothelioma cases settle outside of court. This is advantageous for the victims as they can receive compensation faster than would be the case in the event of an extended trial and a lengthy verdict process. Settlements also do not oblige victims to file appeals, which can linger on for years and cause delays to compensation payments.
The first step in a mesothelioma case involves gathering evidence and details. Lawyers will examine a victim's work history to pinpoint asbestos-related exposure and the companies responsible for their illness. Then a list of defendants is created. Multiple defendants can be listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants don't want to make large settlements and may resort to a variety of tactics to avoid paying victims. For instance, they may attempt to defy medical records or hide evidence of asbestos exposure. mesothelioma lawsuit settlements how much are experienced in identifying these tactics and strategies and how to defeat them.
A mesothelioma lawyer can assist a victim in reducing their legal process. If a person is diagnosed as terminally sick, they may make a motion for priority in the courtroom to speed up the legal process.
The statute of limitations is yet another factor that can affect the mesothelioma timeline. This is because each state has laws that limit the length of time a person can make a claim for compensation. The statute of limitations is expiring, which means victims and their families have to act fast.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining a multidistrict lawsuit. MDLs are used to organize asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a much faster rate than if you filed an individual lawsuit.
If the mesothelioma lawsuit procedure is smooth, a decision is reached within a few days after the trial phase. However, if the trial is complicated and results in a wrongful verdict, it can take a few months or up to a year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without ever needing to go into the courtroom. It is possible for victims and their lawyers to settle a matter prior to trial. Settlements can occur after the initial offer is made and the defendant is given a number of days to respond or after a trial has begun.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers during the settlement negotiation process via written correspondence or over the phone. The process can last for weeks, months, or even years. During this stage mesothelioma lawyers can assist their client in receiving the highest amount of compensation for their claim.
If the victim and their lawyer are unable to come to an agreement during the negotiations, then they can proceed to mediation. This is where a third party can help both sides come to an appropriate amount of compensation. It may take a while but is typically less time-consuming than waiting for a decision from the jury.
Asbestos producers hid the dangers of their products for a long time. As a result, many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma disease. These people may be qualified for reimbursement for medical expenses, funeral costs, and lost wages.
While each case is unique, most mesothelioma cases end in an agreement. Asbestos companies would rather settle rather than risk losing a trial verdict. They also realize that preparing a case for a trial will take some time.
Asbestos victims and their lawyers can also accelerate the process by filing an action in the correct state and jurisdiction. Certain states, for instance, have statutes that guarantee a court trial within one year. A well-known mesothelioma law firm can help a victim file in the jurisdiction that can award them the most compensation within the shortest time. Certain states have laws that allow for the statute of limitation to begin on a victim’s diagnosis date or their death date, not the date of their exposure. This is a great way to ensure the statute of limitation does not run out before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma trial will conclude with a settlement or verdict. The verdict could award compensation to the victims or their families. The verdict may also decide whether a defendant was responsible for an injury or death caused by asbestos.
The time required to reach a final verdict can vary from case to case. The amount of money awarded, the quality of the evidence and the number of parties affect the time it takes to decide on mesothelioma cases.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure their rights are protected throughout the mesothelioma lawsuit process. Attorneys can help victims and families understand the complicated legal procedures and deadlines. A lawyer can also ensure that the time limit does not expire before a victim receives compensation.
Once they have determined the mesothelioma case type is filed, the victim or their lawyers will begin gathering all the required documentation. This includes mesothelioma diagnoses and proof of exposure.
Depending on the circumstances, there could be various asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will look into the history of exposure to asbestos and 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.
Asbestos lawsuits are atypical. They usually involve large corporations with teams of skilled defense lawyers who pay substantial retainer fees to try to hinder a claim of a victim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward.
If a mesothelioma suit is not filed by the deadline the victim will be denied from receiving compensation. The time limit for filing a lawsuit varies between states and the statute of limitations for personal injury and wrongful death claims is different. If someone who is a victim, or a family member has concerns regarding the statute of limitation and should consult a mesothelioma lawyer discuss their options. A skilled mesothelioma attorney will review the case and determine when to file it to maximize their chance of a successful outcome.