Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation varies from state to state. The clock starts ticking from the date of diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer who's skilled will be aware of the statute of limitations in the state and how to speed up compensation to ensure that victims receive their compensation as soon as possible. Compensation is available to families of victims and the affected when they require it most.
The Discovery Phase
After you have filed your mesothelioma suit, attorneys for both sides will go through the discovery phase. This is an important part of the legal procedure and can last from 3-4 months. During this period, lawyers analyze the evidence provided to construct your mesothelioma case and gather additional information regarding asbestos exposure in the past. Your lawyer will also question you and any other witnesses involved in your mesothelioma claim. This may include written and in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will use the information gathered in the discovery phase to identify the asbestos-related companies responsible for your injury or illness. Asbestos defendants don't want to compensate you for the harm they caused through their negligence, therefore they are likely to try to delay the process as long as they can. It is therefore crucial to choose a mesothelioma attorney with experience and an aggressive approach.
Asbestos victims typically receive significant financial compensation in settlements. A large portion of these settlements are made even before trial commences which can save both parties a lot of time and anxiety.
You are entitled to between one to five years, based on the state law or statutes of limitations, from the date you were diagnosed with mesothelioma. If your loved one has passed away from mesothelioma spouses and heirs are entitled to up to three years in which to file a wrongful death claim to claim compensation on their behalf.
The goal of a mesothelioma suit is to reach an early settlement or the case in court. The American legal system is known to be supportive of the asbestos producers' victims which is why the majority of mesothelioma lawsuits end in settlements, rather than going to court.
Some settlement offers for mesothelioma can be made immediately after the litigation begins, while others are not made until attorneys have a good understanding of the strengths and weaknesses of each claim. The median mesothelioma verdict is approximately $2 million, but most cases settle for less than that amount.
The Trial Phase
Cases of mesothelioma that reach the trial phase of a lawsuit typically take between six months and a year to be resolved. However, many mesothelioma cases end up in court. This is beneficial for victims because they can receive compensation much quicker than if they went through a lengthy trial and verdict process. Settlements don't require victims to make appeals, which can take years to resolve and could delay the payment.
The initial stage of a mesothelioma lawsuit involves gathering information and evidence. A lawyer will go over the employee's history to determine asbestos exposure as well as the companies that are responsible for their condition. The defendant lists are then compiled. Based on the mesothelioma type and which corporations were involved, there could be multiple defendants listed in one claim.
Asbestos defendants might not be eager to pay large settlements and they may try a variety of ways to avoid paying victims. For instance, they could attempt to defy medical records or conceal evidence of asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and strategies and how to stop them.
A mesothelioma lawyer can assist a victim in reducing their legal timeline. If a person is diagnosed as terminally sick, they can make a motion for priority in court to speed up the litigation process.
The statute of limitations is another factor that affects the timeline for mesothelioma. This is due to states having laws that limit the length of time a person can file an injury claim. Victims and their loved ones must act quickly to prevent the statute of limitations from expiring.
Mesothelioma lawyers may also speed up the legal process by making a request to join a mesothelioma multipledistrict litigation (MDL). MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs and can handle your case more quickly than if you filed separate lawsuits.
If the mesothelioma trial procedure goes smoothly and a final verdict is reached, a decision can be reached within a matter of days of reaching the trial phase. If the trial is complex and leads to an incorrect verdict, it could take several months, or up to a year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without needing to enter a courtroom. This is because victims and their lawyers are able to settle a matter prior to the trial. Settlements can take place after the initial offer has been made and the defendant has had a specific number of days to reply 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 by phone. The process can last for weeks or months, or even years. During this stage mesothelioma lawyers can help their client get the highest amount of compensation for their claim.
If the victim and their lawyer 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 when a third party person helps both sides come up with an acceptable amount of compensation. It can take some time, but is usually much quicker than waiting for a verdict of a jury.
Asbestos manufacturers hid the dangers of their products for a long time. Many veterans, workers, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma. It is which is a deadly cancer. They are eligible for compensation to pay for funeral expenses, medical bills and lost wages.
Each case is different, the majority of mesothelioma lawsuits end with an agreement. Asbestos firms would rather settle rather than risk losing a trial verdict. They also realize that the preparation of a case for trial will take time.
Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to speed up the process. Certain states, like have laws that guarantee a court trial within a year. A nationally recognized mesothelioma law firm can help a victim file in the state that will provide them with the highest compensation in the shortest amount of time. In addition, some states have special laws that permit the statute of limitations to start on a victim's diagnosis date or the date they died, instead of their exposure dates. This is an excellent way to ensure the statute of limitation does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a settlement or verdict. The verdict may provide compensation to victims or their families. The verdict can also decide whether a defendant was responsible for a death or injury caused by asbestos.
The time it takes 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 affect how long it takes to settle a mesothelioma matter.
Asbestos victims should seek out an experienced lawyer as soon as they can to protect their rights throughout the entire mesothelioma litigation process. wilmington mesothelioma attorneys will help victims and their families to understand the complicated legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before the victim receives compensation.
After determining the nature of mesothelioma lawsuit, victims or their lawyers will begin collecting all necessary documentation for the claim. This includes mesothelioma diagnose records and proof of exposure.
Based on the circumstances, there may be several asbestos companies or trusts which are liable and compensate the victim for their asbestos-related injuries. The lawyer will investigate the history of the victim's asbestos exposure to determine which corporations are liable. They will also investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are unique. They typically involve large companies with teams of highly skilled defense lawyers who pay substantial retainer fees to try and stop a victim's claim. Experienced mesothelioma attorneys know how to defy these tactics and keep the lawsuit going.
The victim is not entitled to compensation if a mesothelioma suit is not filed by the deadline. The time limit for filing a lawsuit varies from one state to another and, for personal injury claims and the wrongful death of a person, it differs. If the victim, or family member, has any questions about the statute of limitations and should contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer with experience will review the case and determine where to file it in order to maximize their chance of a favorable outcome.