Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation varies from state to state. The clock begins to tick at the time of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A skilled mesothelioma attorney understands the statutes of limitations in each state and can speed up the process of obtaining the compensation as fast as is possible. A quicker resolution means that compensation comes when victims and their families need it most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will enter the discovery phase. This is a crucial part of the legal process and typically lasts from 3-4 months. During this period lawyers will go through the evidence submitted to build your mesothelioma claim and gather more information regarding asbestos exposure you've had 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 aspect of the litigation and will help you prepare for these depositions.
A mesothelioma lawyer will utilize 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 compensate you for the harm caused by their negligence, so they will likely attempt to delay the process as long as possible. This is why it's essential to hire mesothelioma attorneys who have an experienced and affluent legal representation.
Settlements are often used to compensate asbestos victims financially. These settlements are often completed prior to the trial, thereby saving both parties time and stress.
Depending on your state laws and statutes of limitations, you have one to five years from the date of diagnosis or the discovery of mesothelioma, to file a lawsuit for financial compensation. If your loved one has died from mesothelioma, spouses and heirs can have three years to file a wrongful death claim to claim compensation on their behalf.
A mesothelioma lawsuit is filed to win a court verdict or reach a settlement prior to trial. The American legal system is known to be sympathetic to 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 starts, while others are not made until attorneys are aware of the strength and weaknesses of each side's claim. The median verdict in mesothelioma cases is approximately $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take months to a year to settle. Many mesothelioma cases are settled outside of court. This is advantageous for the victims because it allows them to receive compensation faster than would be the case in the event of an extended trial and a lengthy verdict 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 information. Lawyers will examine the work history of a victim to identify asbestos-related exposure and the companies that are responsible for their disease. Then, a list of defendants is compiled. Depending on a person's mesothelioma type and which corporations were involved, there may be several defendants listed in one claim.
Asbestos defendants aren't eager to pay out large settlements, and they may try different strategies to avoid paying victims. They may try to conceal evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and how to stop them.
A mesothelioma lawyer could also assist patients in reducing their legal timeline. A person who is terminally ill can file a priority motion in court to speed up the litigation process.
The statute of limitations is another aspect that affects the timeline for mesothelioma. This is because states have laws that limit the amount of time that a person has to make a claim for compensation. The victims and their families must act swiftly to stop the time limit from expiring.
Mesothelioma lawyers can also expedite the legal process by submitting an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm has extensive experience with MDLs and can handle your case at a faster rate than if you file separately.
If the mesothelioma lawsuit procedure goes smoothly, a verdict can be reached within days of the trial phase. If the trial is complex and results in an incorrect decision, it could take several months, or even up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families receive compensation without having to enter the courtroom. It is possible for the victims and their attorneys to settle a case prior to trial. Settlements can take place after the initial offer has been made and the defendant has had a specific amount of time to respond or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process either through written correspondence or via phone. It can take weeks, months or even years. During this time, a knowledgeable mesothelioma lawyer can help their client get the most lucrative amount of compensation they can get for their claim.
If a mesothelioma victim and their lawyer are unable to come to a settlement during the negotiations, they can proceed to mediation which is a third-party person who assists both parties reach an agreement on a fair compensation amount. It may take a while, but is usually much quicker than waiting for the verdict of the jury.
For a long time, asbestos producers hid the dangers associated with their products. Many veterans, workers, and relatives of asbestos-exposed people have been diagnosed with mesothelioma. Turlock mesothelioma lawsuits is the most deadly form of cancer. The victims can claim compensation to pay for funeral expenses, medical bills and lost wages.
Most mesothelioma cases are settled, even though every case is different. Asbestos companies would rather settle rather than risk a negative verdict at trial. They also know that it takes time to prepare an argument for trial.
Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to accelerate the process. Certain states, like, have statutes which guarantee a trial within one year. A mesothelioma lawyer who is nationally recognized can help victims file in the jurisdiction that will allow them to receive the most compensation in the shortest amount of time. Certain states have laws that permit the statute of limitation to begin on a victim’s diagnosis date or death date, rather than their exposure dates. This is a great way to ensure that the statute of limitations does not run out before victims receive mesothelioma compensation.
Final Verdict
The mesothelioma trial will conclude with a settlement or verdict. The verdict could provide compensation to victims or their families. It may also determine whether the defendant is accountable for an asbestos-related injury, or death.
The time it takes to reach a decision can vary from case to situation. The amount of money awarded, the quality of evidence, and number of parties all influence the time it takes to settle mesothelioma cases.
Asbestos patients should consult experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Attorneys will help victims and their families understand the complex 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 nature of mesothelioma lawsuit, the victims or their attorneys will start collecting all necessary documentation to support the claim. This includes mesothelioma diagnosis documents and proof of exposure.
Based on the specific circumstances, there may be many asbestos trusts or companies that are liable and will pay compensation to victims for asbestos-related injuries. The lawyer will investigate the history of exposure and determine which corporations are responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim with.
The asbestos lawsuits are atypical. They are typically brought by large corporations that employ teams of defense lawyers to try and derail the victim's claim. Expert mesothelioma lawyers are able to stop these tactics and keep the lawsuit moving forward.
The victim is not eligible for compensation if a mesothelioma claim is not filed on time. The statute of limitations differs from one state to the next and also for personal injury claims as well as wrongful deaths, it's different. If a victim, or their family member have any questions regarding the statute of limitations and the time limit, they should contact a mesothelioma legal firm immediately to discuss their options. A mesothelioma lawyer will review the case to determine when to file it to maximize the chances of a successful result.