Mesothelioma Lawsuit Timeline
The time limit for mesothelioma is different from state to state. The clock starts to tick from the time a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
lynchburg mesothelioma law firm who is experienced will understand the state statute of limitations and the best way to speed up compensation to ensure that victims receive their compensation as quickly as they can. A faster resolution means compensation is available when the families and victims are in need of it most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is an important part of the legal procedure and can last for 3 to 4 month. During this time, lawyers will examine the evidence provided to construct your mesothelioma lawsuit and gather additional information about asbestos exposure in your past. Your lawyer will also question you and any witnesses involved in your mesothelioma claim. This could include written or in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare you for these interviews.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to identify the asbestos companies that are responsible for your injuries or illness. Asbestos defendants are not eager to compensate for the harm caused by their negligence, and will likely attempt to delay the process as much as they can. This is why it is crucial to choose mesothelioma attorneys who have an experienced and affluent legal representation.
Settlements are typically used to pay compensation to asbestos victims financially. Many of these payouts are made before trial commences which can save both parties a great deal of time and stress.
You are entitled to between one and five years, depending on the laws of your state or statutes of limitation starting from the day you were diagnosed with mesothelioma. If a loved one has died from mesothelioma within the last three years and their spouses or heirs are able to file an application for compensation.
A mesothelioma suit is filed in order to secure the verdict of a judge or to reach an agreement prior to trial. The American legal system tends to be tolerant of the victims of asbestos producers and that is the reason why the majority of mesothelioma cases result with settlements instead of going to court.
Some settlement offers for mesothelioma are made as soon as the litigation begins, while others are not announced until attorneys are aware of the strengths and weaknesses of each side's claim. The median verdict in a mesothelioma case is about $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit usually take between six months and a full year to resolve. However, many mesothelioma claims end up in the court. This is advantageous for the patients because they are able to receive compensation much faster than would be the case when they had to go through an extended trial and a lengthy verdict process. Settlements do not oblige victims to file appeals, which can linger on for years and delay compensation payments.
The first phase of a mesothelioma suit is gathering information and evidence. A lawyer will look over 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 made. There may be multiple defendants listed based on the type of mesothelioma as well as the companies involved.
Asbestos defendants might not be eager to pay large settlements, and they may employ a variety of tactics to avoid paying victims. For instance, they may attempt to refute medical records or conceal evidence relating to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and ways to defeat them.
A mesothelioma lawyer can also help victims shorten their legal process. A person who is terminally ill can file a priority motion in court to speed up the litigation process.
The statute of limitations is another aspect that influences the timeframe for mesothelioma. This is because each state has laws that limit the amount of time that a person has to make a claim for injury. The statute of limitations is running out, so 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 bring similar asbestos lawsuits together for quicker processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case faster than if you filed separate lawsuits.
If the mesothelioma trial procedure goes smoothly, a final verdict can be reached within days of reaching the trial phase. If the trial is complicated and results in an unjust verdict, 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 an in-courtroom. This is because the victims and their attorneys can settle a case prior to a trial. Settlements can happen after the initial offer has been made and the defendant is given a number of days to make a response or, in some cases, after a trial has started.
In most cases the process of negotiating settlements involves a back and forth exchange of offers, either through written correspondence or over the phone. This process can take several weeks or months, and even years. In this stage an attorney for mesothelioma can assist their client in receiving the most compensation they can for their claim.
If a mesothelioma victim and their attorney are unable to come to a settlement during these negotiations, they may proceed 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 usually much quicker than waiting for a verdict of juries.
Asbestos producers hid the dangers of their products for years. As a result, many workers, military veterans and family members of those exposed to asbestos have been diagnosed with a deadly mesothelioma cancer. The victims can claim compensation to pay for funeral expenses, medical bills and lost wages.
Most mesothelioma cases are settled, even though every case is different. Asbestos companies prefer to settle than risk losing a trial verdict. Moreover, they know that it takes time to prepare a case for trial.
Asbestos-related lawsuits can be filed in the correct state and in the appropriate jurisdiction to expedite the process. For example, some states have statutes of limitation which guarantee a trial within one year. A well-known mesothelioma law firm can assist a victim in filing in the jurisdiction that will award them the most compensation in the shortest amount of time. Additionally, certain states have special laws that allow the statute of limitations to start on a victim's diagnosis date, or when they died, instead of the date of their exposure. This is a great way to ensure the statute of limitations does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a settlement or verdict. The verdict may be awarded compensation to victims or their loved ones. The verdict could also determine if a defendant was liable for an injury or death caused by asbestos.
The time it takes to reach a decision can vary from case to case. The amount that is awarded and the strength of evidence and the number of parties involved all influence how long it takes to settle a mesothelioma matter.
Asbestos victims need to hire an experienced lawyer as soon as they can to safeguard their rights throughout the entire mesothelioma lawsuit process. Lawyers can assist the families of victims to understand the complicated legal procedures and deadlines. An attorney can ensure that a victim's claim is not denied compensation because the time limit has expired.
Once they have determined the mesothelioma case type is filed, victims or their lawyers will begin gathering all the required documentation. This includes mesothelioma diagnosis and evidence of exposure.
Based on the particular situation, there could be several asbestos companies that are liable or trust funds that will pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will investigate 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 make a claim to.
Asbestos lawsuits are unique. The lawsuits are usually brought by large companies who hire teams of defense attorneys to try to thwart the victim's claim. Mesothelioma lawyers who are experienced know how to thwart these attempts and keep the lawsuit moving.
The victim will not be entitled to compensation if a mesothelioma claim is not filed on time. The statute of limitations differs 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 any concerns regarding the statute of limitations and should contact a mesothelioma lawyer to discuss their options. A knowledgeable mesothelioma attorney will review the case and decide where to file it to maximize the chances of a favorable outcome.