Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation varies from state to state. The clock starts to tick at the time that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer that is experienced will understand the statute of limitations in the state and how to speed up compensation to ensure that victims receive compensation as quickly as they can. A faster resolution means compensation is available when the victims and their families need it most.
The Discovery Phase
After filing a mesothelioma suit attorneys on both sides will commence the discovery phase. This is a crucial part of the legal process and can take anywhere from 3 to 4 month. During this period lawyers will look over the evidence provided to help build your mesothelioma claim and gather additional information about the asbestos exposure you've experienced in the past. Your attorney will also speak with you and any other witnesses involved in your mesothelioma claim. This could include both written and in person depositions. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will prepare you for these depositions.
A mesothelioma attorney will use the information gathered during the discovery phase to identify the asbestos-related companies responsible for your injuries or illness. Asbestos defendants aren't eager to pay compensation for the damage caused by their negligence, and will likely try to stall the process as much as possible. Therefore, it is essential to hire a mesothelioma lawyer with experience and aggressive representation.
Settlements are often used to pay compensation to asbestos victims financially. These settlements are often done prior to trial, which saves both parties from stress and time.
Based 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 discovery of your mesothelioma to file a suit for financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs can have up to three years to submit a wrongful death claim to claim compensation on their behalf.
A mesothelioma lawsuit is filed to secure an appeal or an agreement prior to trial. The American legal system is generally sympathetic to asbestos victims, which is why most mesothelioma lawsuits result in a settlement rather than going to trial.
Some settlement offers for mesothelioma can be immediately after the trial begins, while others are not offered until lawyers are aware of the strength and weaknesses of each claim. The median verdict in a mesothelioma case is about $2 million. However, the majority of cases are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take between six months and a year to be resolved. A majority of mesothelioma cases settle out of court. Wilmington mesothelioma lawsuit is beneficial for victims to receive compensation sooner than those who had to endure a lengthy trial and verdict. Settlements do not oblige victims to file appeals, which could drag on for years and cause delays to the payment of compensation.
The first step in mesothelioma cases involves gathering evidence and information. A lawyer will look over the history of a patient's employment to pinpoint asbestos-related exposure and the companies responsible for their illness. The defendant lists are then compiled. Multiple defendants may be listed based on the type of mesothelioma, as well as the corporate involved.
Asbestos defendants are not eager to make large settlements and may employ a variety of tactics to avoid paying victims. They may try to conceal evidence or deny medical records relating to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and thwart them.
A mesothelioma lawyer may assist victims in reducing their legal timeframe. A person who is terminally sick can file a prior motion in the court to speed up the litigation process.
The statute of limitations is a different factor that can affect a mesothelioma timeline. States have laws that limit how long a person has to make an action. The time limit for filing a claim is expiring, which means the victims and their families need to take action quickly.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict lawsuit. MDLs bring similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case more quickly than if you 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 complex and leads to a wrongful decision, it may take several months or up to an entire year for victims to receive 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 attorneys can settle a case prior to the trial. Settlements can occur after the initial offer has been made and the defendant is given a set number of days to respond, or even after a trial has started.
In most instances, the settlement negotiation process involves an exchange of offers either by written correspondence or over the phone. This can take weeks, 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 the lawyer and the victim are unable to come to an agreement during these negotiations, then they can proceed to mediation. This is when a third party person helps both sides come up with a fair compensation amount. It can take a while but is typically quicker than waiting for a verdict from the jury.
For decades, asbestos manufacturers kept a secret about the dangers that came with their products. Many workers, veterans, and family members of asbestos-exposed people have been diagnosed with mesothelioma. This is which is a deadly cancer. These people may be entitled to reimbursement for medical expenses, funeral costs and lost wages.
Each case is unique, most mesothelioma claims end in an agreement. Asbestos companies prefer to settle than risk a negative verdict in court. They also understand that preparing a case for a trial will take time.
Asbestos victims and their lawyers can also speed up the process by filing lawsuits in the proper state and in the right jurisdiction. Some states, for example, have statutes which guarantee a trial within one year. A nationally recognized mesothelioma law firm can assist a victim in filing in the state that will award them the most compensation within the shortest time. Additionally, certain states have laws that allow the statute of limitations to start on a victim's diagnosis date or the date they passed away, not the date of their exposure. This is a great way to ensure that the statute of limitations does not expire before patients receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict may be awarded compensation to the victims or their loved ones. The verdict may also decide whether a defendant was responsible for an injury or death caused by asbestos.
The time needed to reach a final decision can differ from case case. The amount awarded as well as the strength of the evidence and the number of parties involved all influence how long it takes 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 litigation process. Lawyers can assist families and victims learn about the complex legal processes and deadlines. A lawyer can also help ensure that the statute of limitations does not expire before a victim is able to receive compensation.
Once they have determined the type of mesothelioma claim is filed, victims or their attorneys will begin gathering all the required documentation. This includes mesothelioma diagnoses and evidence of exposure.
Depending on the circumstances, there may be various asbestos trusts or companies that are liable and will pay compensation to victims for asbestos-related injuries. The lawyer will look into the victim's history of asbestos exposure to determine which companies are liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to file a claim with.
Asbestos-related lawsuits are not common. They are typically filed by large corporations who hire teams of defense attorneys to attempt to stop the claim of the victim. Mesothelioma lawyers who are experienced know how to stop these attempts and keep the case moving forward.
If a mesothelioma suit is not filed by the deadline, the victim will be barred from receiving compensation. The statute of limitations differs from state to state, and the statute of limitations for personal injury and wrongful death claims is different. If a victim, or a family member has doubts about the statute of limitations or the time limit for filing a claim, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer with experience will review the case and determine when to file it in order to maximize the chances of a positive outcome.