Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation differs from state to state. The clock begins ticking off from the date of diagnosis (for personal injury claims) or death (for wrongful death claims).
A knowledgeable mesothelioma lawyer is aware of the limitations of state law and how to expedite the process to get compensation as soon as is possible. Compensation is available to victims and their families when they require it most.
The Discovery Phase
After a mesothelioma lawsuit is filed attorneys from both sides will begin the discovery phase. This is an essential part of the legal process and typically takes between 3 and 4 months. During this period, lawyers examine the evidence provided to construct your mesothelioma case and gather additional information regarding asbestos exposure in your past. Your attorney will also speak with you and any witnesses who are involved in your mesothelioma case. This could include written and in-person depositions. Our mesothelioma attorneys are seasoned in this area of litigation and will prepare you for these depositions.
A mesothelioma lawyer who is skilled will use the information collected during the discovery phase to determine which asbestos companies are responsible for your illness and injuries. Asbestos defendants may try to delay the process so that they can avoid paying compensation for damages caused by their negligence. This is why it is essential to hire mesothelioma lawyers who provide an experienced and affluent legal representation.
Settlements are typically used to pay compensation to asbestos victims financially. A lot of these settlements are made before trial commences, which saves both parties a significant amount of time and anxiety.
You have between one and five years, depending on the state laws or statutes of limitations, from the date you were diagnosed with mesothelioma. If a loved one has passed away from mesothelioma in the past three years their spouses or heirs can make an action for compensation.
A mesothelioma lawsuit is filed in order to secure a court verdict or reach a settlement before trial. The American legal system is known to be tolerant of the asbestos producers' victims which is why the majority of mesothelioma cases result with settlements instead of going to court.
Certain settlement offers for mesothelioma are made as soon as the litigation starts, while others are not offered until lawyers are aware of the strength and weaknesses of each claim. The median mesothelioma trial verdict is around $2 million, however the majority of cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit usually take between six months and a year to resolve. A majority of mesothelioma cases settle without a court hearing. It is beneficial for victims to receive compensation faster than the case if they had to go through a lengthy trial and verdict. Settlements do not require victims to file any appeals, which can linger on for years and delay the payment of compensation.
The initial phase of a mesothelioma lawsuit is gathering information and evidence. Lawyers will examine the work history of a victim to pinpoint asbestos-related exposure and the companies that are responsible for their condition. Then a list of defendants is created. Depending on a person's mesothelioma type and which corporations were involved, there could be multiple defendants listed in a single claim.
Asbestos defendants may not be keen to settle large sums of money and they might try a variety tactics to avoid paying victims. They might try to hide evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and how to stop them.
A mesothelioma lawyer may assist victims in reducing their legal process. If a person is diagnosed as terminally ill, they can submit a motion to have priority in the courtroom to speed up the litigation process.
The statute of limitations is a different factor that affects the mesothelioma timeline. States have laws that restrict the time that an individual has to file a claim. The time-limit for filing claims is expiring, which means victims and their families have to take action quickly.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining a multidistrict lawsuit. MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a quicker rate than if you filed an individual lawsuit.
If the mesothelioma litigation process goes well the final verdict could be obtained within days of reaching the trial phase. If the trial is complicated and results in a wrongful decision, it may take up to a year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without having to step foot in the courtroom. It is possible for victims and their lawyers to settle a case prior to trial. Settlements can occur after the initial offer was made and the defendant has been given a certain number of days to respond or even after the trial.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers in the settlement negotiation process either through written correspondence or via phone. The process can last for weeks, months, or even years. At this point, a mesothelioma attorney can assist their client in receiving the highest amount of compensation for their claim.
If a mesothelioma victim and their lawyer are unable to reach a settlement during these negotiations, they may move to mediation, which is a third-party person who helps both sides to agree on a fair compensation amount. It can take a bit of time, but is usually much quicker than waiting for the verdict of a jury.
For decades, asbestos producers hid the dangers associated with their products. As a result, many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with the deadly mesothelioma disease. The victims could be qualified for reimbursement for funeral expenses, medical costs and lost wages.
While each case is different, the majority of mesothelioma claims end in the form of a settlement. Asbestos companies would rather settle than risk losing a trial verdict. Furthermore, they are aware that it will take a long time to prepare the case for trial.
Asbestos-related lawsuits can be filed in the appropriate state and jurisdiction to speed up the process. Certain states, for instance, have statutes that guarantee a court trial within a year. A nationally recognized mesothelioma lawyer can assist patients in filing a claim in the jurisdiction where they can receive the highest amount of compensation within the shortest time. Some states have laws that allow the statute of limitation to begin on a victim’s diagnosis date or their death date, not their exposure dates. This is an excellent way to make sure that the statute of limitations will not expire before victims receive mesothelioma compensation.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict could award compensation to the victims or their families. It will also decide whether or not a defendant is accountable for an asbestos-related injury or death.
The amount of time required to reach a final verdict will vary from case to. The amount awarded as well as the strength of the evidence and the number of parties involved all impact how long it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure their rights are protected throughout the mesothelioma litigation process. Attorneys can help families and victims to get a better understanding of the complex legal procedures and deadlines. Lawyers can also ensure that the statute of limitations does not expire before a victim receives compensation.
After determining which mesothelioma case type is filed, the victims or their lawyers will begin collecting all the necessary documents. This includes mesothelioma-related diagnoses and evidence of exposure.
Depending on the case, there could be several asbestos companies that are liable or trust funds that compensate a victim for their asbestos-related harms. The lawyer will investigate the history of the victim's asbestos exposure to determine which corporations could be responsible. They will also look into which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos-related lawsuits are not common. The lawsuits are usually brought by large corporations that employ defense teams to try to thwart the claim of the victim. Mesothelioma lawyers who are experienced know how to thwart these efforts and keep the lawsuit going.
The victim isn't entitled to compensation if a mesothelioma lawsuit is not filed on time. Albuquerque mesothelioma lawyer for filing a lawsuit varies from state to state and the time limit for personal injury and wrongful death claims is different. If a victim or their family member has any concerns regarding the statute of limitations and should contact a mesothelioma lawyer firm as soon as possible to discuss their options. A skilled mesothelioma attorney will examine the case and determine where to file it in order to maximize the chances of a successful outcome.
