Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations is different from state to state. The clock begins to tick from the date of diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who is knowledgeable will know the statute of limitations in the state and how best to expedite compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to victims and their families when they need it the most.
The Discovery Phase
After filing your mesothelioma lawsuit, attorneys for both sides will begin the discovery phase. This is an important part of the legal process and can last from 3-4 months. During this time, lawyers will examine the evidence submitted to build your mesothelioma lawsuit and gather additional information about asbestos exposure you have had in the past. Your attorney will also speak with you and any other 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 interviews.
A mesothelioma lawyer who is skilled will use the data that is gathered during the discovery process to determine which asbestos companies are accountable for your illness and injuries. Asbestos defendants may attempt to delay the process in order to avoid paying compensation for damages caused due to their negligence. It is therefore crucial to hire a mesothelioma lawyer with experience and an aggressive approach.
Settlements are usually used to compensate asbestos victims financially. A lot of these settlements are made even before the trial is scheduled to take place, which saves both parties a lot of time and anxiety.
You are entitled to between one and five years, based on the laws of your state or statutes of limitations, from the date you were diagnosed with mesothelioma. If your loved one has died of mesothelioma spouses and heirs have up to three years to make a claim for wrongful death for compensation on their behalf.
The goal of a mesothelioma suit is to negotiate an early settlement or the case in the court. The American legal system tends to be supportive of the asbestos producers' victims, which is why the majority of mesothelioma cases end in settlements rather than going to court.
Some settlement offers for mesothelioma are immediately after the trial begins, while others are not offered until lawyers are aware of the strength and weaknesses of each side's claim. The median verdict in mesothelioma cases is around $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between six months and a full year to resolve. A majority of mesothelioma cases settle without a court hearing. It is beneficial for victims to receive compensation sooner than if they had to endure a lengthy trial and verdict. Settlements do not require victims make appeals, which can take years and delay payment.
The first phase of a mesothelioma lawsuit involves gathering information and evidence. A lawyer will go 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 created. Based on the mesothelioma type as well as the companies that were involved, there could be multiple defendants listed in a single claim.
Asbestos defendants might not be keen to pay large settlements and they may employ a variety of ways to avoid paying victims. They might try to hide evidence or deny medical records relating to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these strategies and stop them.
A mesothelioma lawyer may assist victims in reducing their legal timeline. If a person is terminally sick, they may make a motion for priority in the courtroom to speed up the litigation process.
The statute of limitations is another factor that can affect the timeframe for mesothelioma. This is because each state has laws that limit the amount of time it takes to file an injury claim. The injured party and their family members must act fast to prevent the time limit from expiring.
Lawyers who specialize in mesothelioma could also accelerate the legal process by joining a multidistrict lawsuit. MDLs are used to group 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 had filed separate lawsuits.
If the mesothelioma lawsuit procedure is smooth, a decision can be reached within days after the trial phase. However, if the trial is lengthy and leads to a wrongful decision, it may take a few months or up to an entire year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without ever needing to enter the courtroom. This is because victims and their attorneys can settle a case prior to the start of a trial. Settlements can take place after the initial offer has been made and the defendant has had a certain number of days to respond or even after the trial.
Mesothelioma lawsuits typically involve a back-andforth exchange of offers during the settlement negotiation process via written correspondence or over the phone. This process can take several weeks or months, or even years. During this phase a mesothelioma lawyer who is skilled can assist their client in obtaining the most lucrative compensation for their claim.
If the lawyer and the victim are unable to come to an agreement during the negotiations and they are unable to reach an agreement, they can move to mediation. This is where an outside party helps both sides come to an acceptable amount of compensation. It can take a bit of time, but is usually much faster than waiting for the verdict of juries.
For a long time, asbestos producers hid the dangers associated with their products. This is why many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. The victims could be qualified for compensation for funeral expenses, medical costs, and lost wages.
Each case is unique, the majority of mesothelioma lawsuits end with an agreement. Asbestos companies prefer to settle than risk a negative verdict at trial. They also realize that making a case ready for trial can take a long time.
Asbestos victims and their attorneys can also accelerate the process by filing a lawsuit in the right state and jurisdiction. Certain states, like have laws that ensure a trial within one year. A mesothelioma lawyer who is nationally recognized can assist patients in filing a claim in the state where they can receive the highest amount of compensation within the shortest time. Certain states have laws that permit the statute of limitations to begin at the victim's diagnosis date or death, instead of their exposure dates. This is an excellent way to make sure that the statute of limitations will not expire before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict could be awarded compensation to the victims or their families. It may also determine whether the defendant is responsible for a related asbestos-related injury or death.
The time required to reach a final decision will differ from case to situation. The amount that is awarded and the strength of evidence and the number of parties involved all influence how long it will take to resolve a mesothelioma case.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist victims and their families to understand the complexities of legal procedures and deadlines. Lawyers can also ensure that the statute of limitations does not expire before a victim is able to receive compensation.
After determining the nature of mesothelioma suit, victims or their attorneys will start collecting all necessary documentation to support the claim. This includes mesothelioma diagnosis records and proof of exposure.
Based on the particular situation, there could be several asbestos companies that are liable or trust funds that will compensate the victim for their asbestos-related harms. The lawyer will investigate the history of exposure to asbestos and determine which companies are responsible. They will also look into the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
The asbestos lawsuits are atypical. They typically involve large companies with teams of highly skilled defense attorneys paid substantial retainer fees to try and derail a victim's claim. Expert mesothelioma lawyers are able to stop these attempts and ensure that the case is moving forward.
miami gardens mesothelioma lawyer will not be able to receive compensation if a mesothelioma claim is not filed by the deadline. The statute of limitations varies between states and the time limit for personal injury and wrongful death claims is different. If someone who is a victim, or a family member has any concerns about the statute of limitations and should seek out a mesothelioma attorney to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine where to file it in order to maximize the chance of a successful outcome.