Mesothelioma Lawsuit Timeline
The mesothelioma time limit differs from state to state. The clock begins to tick from the date of the diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A skilled mesothelioma attorney understands state statutes of limitations and how to speed up the process to receive the compensation as fast as is possible. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
After you file your mesothelioma lawsuit, attorneys for both sides will go through the discovery phase. This is a crucial part of the legal process and typically lasts from 3-4 months. During this period lawyers will look over all evidence submitted to build your mesothelioma case and gather additional information about asbestos exposure you have had in the past. Your lawyer will conduct an interview with you, as well as witnesses in the mesothelioma case. This could include both depositions in person or written. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will use the information gathered during the discovery phase to identify the asbestos companies that are accountable for your injury or illness. Asbestos defendants may try to delay the process to avoid paying compensation for damages caused by their negligence. This is why it is essential to hire mesothelioma attorneys who have skilled and aggressive legal representation.
Settlements are often used to compensate asbestos victims financially. These settlements are often completed prior to the trial, thereby saving both parties from stress and time.
Based on the laws of your state and statutes of limitations You have a period of one to five years from the date of diagnosis or discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If a loved-one has died from mesothelioma within the past three years their spouses or heirs may file an action for compensation.
A mesothelioma lawsuit is filed in order to secure the verdict of a judge or to reach an agreement prior to trial. The American legal system is generally sympathetic to asbestos victims and that is the reason why most mesothelioma lawsuits end in the form of a settlement instead of going to trial.
Some mesothelioma settlement offers are made as soon as trial begins, while others are only available once lawyers have a clear understanding of the strength of each side's case. 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 reach the trial phase of a lawsuit typically take between six months and a year to be resolved. However, many mesothelioma cases are settled out of court. This is beneficial for victims as it allows them to receive compensation much faster than when they had to go through an extended trial and a lengthy verdict process. Settlements do not oblige victims to file appeals, which could drag on for a long time and delay compensation payments.
The first step in mesothelioma cases is to gather evidence and information. A lawyer will look over the history of employment of the victim to determine asbestos exposure and companies responsible for their illness. Then, a list of defendants is created. Multiple defendants may be listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants might not be eager to settle large sums of money and they may employ a variety of tactics to avoid paying victims. They may attempt to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these tactics and thwart them.
A mesothelioma lawyer may assist victims in reducing their legal timeframe. Anyone who is sick can file a priority motion in court to accelerate the litigation process.
The statute of limitations is another factor that affects a mesothelioma timeline. States have laws that restrict how long a person has to make a claim. Victims and their loved ones must act fast to prevent the statute of limitations from running out.
Lawyers who specialize in mesothelioma can also accelerate the legal process by joining multidistrict litigation. MDLs join similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a faster pace than if you had filed a separate lawsuit.
If the mesothelioma lawsuit process goes well the final verdict could be obtained within days after the trial phase. If the trial is complex and leads to an incorrect verdict, it may take several months, or even up to one year for victims to get compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without having to step foot in the courtroom. This is because the victims and their lawyers are able to settle a matter prior to the trial. Settlements can be made after the initial offer is made and the defendant is given a set number of days to decide or, in some cases, after the trial has begun.
In most cases the settlement negotiation process involves a back and forth exchange of offers, either through written correspondence or via phone. This process could take weeks or months, or even years. In this stage, a skilled mesothelioma lawyer can assist their client in obtaining the maximum amount of amount of compensation for their claim.
If a mesothelioma sufferer and their attorney are unable to come to a settlement during the negotiation process, they could proceed to mediation, which is a third-party person who helps both sides to agree on a fair amount for compensation. It can take some time, but is usually much faster than waiting for the verdict of a jury.
For decades, asbestos producers hid the dangers associated with their products. In the end, many military veterans, workers 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.
The majority of mesothelioma cases settle, even though each case is unique. Asbestos companies would rather settle rather than risk a negative verdict at trial. They also know that the preparation of a case for trial will take some 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 statutes that ensure a trial within one year. A internationally recognized mesothelioma lawyer can assist victims in filing in the state that will provide them with the highest compensation in the shortest amount of time. In addition, some states have laws that allow the statute of limitations to begin on a victim's diagnosis date, or when they died, instead of their exposure dates. This is an excellent way to make sure that the statute of limitations will not expire before patients receive mesothelioma settlements.
Final Verdict
The mesothelioma lawsuit will end with a final settlement or verdict. The verdict could provide compensation to victims or their families. It will also decide whether or not a defendant is accountable for a related asbestos-related injury or death.
The time required to reach a final verdict can differ from case situation. The amount awarded, the strength of the 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 possible to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Lawyers can assist victims and their families to understand the complicated legal procedures and deadlines. A lawyer can also ensure that the statute of limitations does not expire before the victim receives compensation.
After determining which mesothelioma type of claim is filed, victims or their lawyers will begin collecting all the necessary documentation. This includes mesothelioma-related diagnosis records and proof of exposure.
In the event of a situation, there could be a variety of asbestos companies or trust funds that will compensate the victim for their asbestos-related injuries. The lawyer will look into the history of exposure and determine which corporations are liable. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with.
Asbestos lawsuits are unique. They are typically brought by large companies who employ teams of defense lawyers to attempt to stop the victim's claim. Mesothelioma lawyers who are experienced know how to stop these efforts and ensure that the case is moving forward.
If Bridgeport mesothelioma attorney is not filed by the deadline the victim will be barred from receiving compensation. The time limit for filing a lawsuit varies between states and the time limit for personal injury and claims for wrongful death is different. If the victim, or family member, has any doubts about the statute of limitations or the time limit for filing a claim, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer will review the case to determine when to file it to increase the odds of a positive result.