Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different between states. The clock starts ticking from the date that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who's experienced will understand the statute of limitations for the state and the best way to speed up compensation to ensure that victims receive compensation as soon as possible. A faster resolution means compensation comes when families and patients need it most.
The Discovery Phase
After a mesothelioma lawsuit is filed attorneys on both sides will commence the discovery phase. This is an essential phase of the legal process and typically takes anywhere from 3 to 4 months. During this period, lawyers will review all evidence provided to help build your mesothelioma claim and collect more details about asbestos exposure you have experienced in the past. Your attorney will also interview witnesses, including you, who are involved in your mesothelioma case. This could include both written and in person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will help you prepare for these interviews.
A skilled mesothelioma lawyer will use the information collected during the discovery phase to determine which asbestos-related companies are responsible for your illness and injuries. Asbestos defendants will try to delay the process to avoid paying compensation for damage caused through their negligence. This is why it's crucial to choose mesothelioma attorneys who have skilled and aggressive legal representation.
Asbestos victims typically receive significant financial compensation in settlements. Many of these payouts are made even before trial commences which can save both parties a lot of time and stress.
You have between one to five years, based on the state law or statutes of limitations, from the date you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma during the past three years their spouses or heirs are able to submit an application for compensation.
The aim of a mesothelioma suit is to reach an early settlement or an award in the court. The American legal system is generally sympathetic to asbestos victims this is why the majority of mesothelioma lawsuits result in an agreement rather than going to trial.
Some mesothelioma settlement offers are made as soon as the litigation begins. Others are only available once lawyers have a clear understanding of the strength of each party's case. The mesothelioma average trial verdict is approximately $2 million, but the majority of claims settle for much less than that.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit typically take between a year and months to resolve. Many mesothelioma cases are settled without a court hearing. It is advantageous for victims to receive compensation faster than the case if they had to go through the lengthy verdict and trial process. Settlements do not require that victims make appeals, which can take years and delay the payment.
The initial phase of mesothelioma cases is to gather evidence and details. A lawyer will review a victim's work history to identify asbestos-related exposure and the companies responsible for their condition. Defendant lists are created. There may be multiple defendants listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants may not be keen to settle large sums of money and they might try a variety tactics to avoid paying victims. They may attempt to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and ways to stop them.
A mesothelioma lawyer could also assist patients in reducing their legal timeline. If someone is terminally sick, they can make a motion for priority in the courtroom to speed up the litigation process.
The statute of limitations is another factor that can affect mesothelioma's timeline. This is due to states having laws that limit the amount of time that a person has to make a claim for injury. The time-limit for filing claims is dwindling, so the victims and their families need to take action quickly.
Mesothelioma lawyers can also speed up the legal process by making a request to join a mesothelioma multidistrict litigation (MDL). MDLs group similar asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case much faster than if you had filed separate lawsuits.
If the mesothelioma lawsuit process is successful, a verdict may be reached within days of the trial phase. However, if the trial is complicated and leads to a wrongful decision, it may 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 the need for the courtroom. It is possible for victims and their lawyers to settle a matter prior to trial. Settlements can take place after the initial offer was made and the defendant has had a specific amount of time to respond or even after the trial.
In most cases the settlement negotiation process involves a back and forth exchange of offers either by written correspondence or via phone. This can take months, weeks, or even years. In this stage a mesothelioma lawyer who is skilled can help their client get the most lucrative amount of compensation they can get for their claim.
If a mesothelioma patient and their lawyer are unable to reach a settlement during these negotiations, they may go to mediation which is a third-party person who assists both parties to agree on a fair compensation amount. It may take a while, but is usually much quicker than waiting for a verdict of the jury.
For decades, asbestos producers hid the dangers associated with their products. Many workers, veterans, and relatives of asbestos-exposed persons have been diagnosed with mesothelioma, which is a deadly cancer. These people may be eligible for reimbursement for funeral expenses, medical costs and lost wages.
While each case is unique, most mesothelioma claims end in a settlement. Asbestos companies prefer to settle than risk a bad verdict in court. Furthermore, they are aware that it takes time to prepare a case for trial.
Asbestos-related lawsuits can be filed in the proper state and in the appropriate jurisdiction to expedite the process. Some states, for example have laws that ensure a trial within one year. A nationally recognized mesothelioma lawyer can assist patients in filing a claim in the state where they can receive the most compensation within 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 compensation.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict may provide compensation to victims or their families. It will also decide whether the defendant is accountable for an asbestos-related injury, or death.
The time required to reach a final verdict will differ from case to case. The amount awarded, the strength of the evidence and the number of parties involved all influence the time it takes to settle a mesothelioma matter.
bloomington mesothelioma lawyer should consult experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma litigation process. Attorneys will help the families of victims to understand the complexities of legal procedures and deadlines. A lawyer can also ensure that the statute of limitations does not expire before the victim receives compensation.
After determining the type of mesothelioma claim is filed, the victim or their attorneys will begin collecting all the necessary documents. This includes mesothelioma diagnose documents and proof of exposure.
Based on the particular case, there could be multiple liable asbestos companies or trust funds that compensate the victim for the asbestos-related injuries they sustained. The lawyer will investigate the history of exposure to asbestos and determine which corporations are liable. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Asbestos lawsuits are atypical. They typically involve large companies with teams of highly skilled defense lawyers paid large retainer fees to try and derail a victim's claim. Expert mesothelioma lawyers are able to stop these efforts and keep the case moving forward.
The victim is not able to receive compensation if a mesothelioma suit is not filed on time. The statute of limitations differs from state to state and the time limit for personal injury and claims for wrongful deaths is different. If someone who is a victim, or a family member has any doubts regarding the statute of limitation, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer can review the case to determine where to file it to increase the odds of a positive outcome.