Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations differs from state to state. The clock starts to tick at the time the patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).
A knowledgeable mesothelioma lawyer is aware of the statutes of limitations in each state and how to expedite the process of obtaining compensation as quickly as possible. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
After a mesothelioma lawsuit is filed, attorneys on both sides will commence the discovery phase. This is a crucial part of the legal process and typically takes anywhere from 3 to 4 months. During this period lawyers will go through all evidence that has been provided to help build your mesothelioma case and gather more information about the asbestos exposure you've experienced in the past. Your attorney will also speak with you and any other witnesses involved in the mesothelioma lawsuit. This could include both written and in person depositions. Our mesothelioma attorneys are seasoned in this particular aspect of litigation and will prepare you for these interviews.
A mesothelioma lawyer will use the information gathered during the discovery phase to determine the asbestos companies accountable for your injury or illness. Asbestos defendants aren't eager to compensate you for the damage caused by their negligence, so they are likely to try to delay the process as long as they can. This is why it is essential to hire mesothelioma attorneys who have skilled and aggressive legal representation.
Asbestos-related victims are usually awarded significant financial compensation in settlements. A lot of these settlements are made even before the trial is scheduled to take place which saves both parties a significant amount of time and stress.
Depending on the laws of your state and statutes of limitations, you have one to five years from the time of diagnosis or the discovery of mesothelioma, to file a lawsuit seeking financial compensation. If a loved one of yours has passed away from mesothelioma during the last three years, their spouses or heirs are able to file a claim for compensation.
The goal of a mesothelioma suit is to achieve an early settlement or an award in the court. The American legal system is generally supportive of the victims of asbestos manufacturers, which is why most mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Some settlement offers for mesothelioma settlements are immediately after the trial starts, while others are not announced until attorneys are aware of the strength and weaknesses of each side's claim. The median verdict in mesothelioma cases is around $2 million. However, most claims are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take anywhere from a few months to a full year to settle. A majority of mesothelioma cases settle without a court hearing. This is advantageous for the patients because they can receive compensation faster than in the event of a lengthy trial and verdict process. Settlements also do not require victims to file any appeals, which could drag on for years and delay the payment of compensation.
The first phase of mesothelioma cases is to gather evidence and details. A lawyer will look over the employee's history to determine the extent of asbestos exposure and the companies that are responsible for their condition. Then, a list of defendants is created. Multiple defendants can be listed depending on the type of mesothelioma as well as the companies involved.
Asbestos defendants may not be eager to settle large sums of money and they may try a variety of tactics to avoid paying victims. They might try to hide evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and deter them.
A mesothelioma lawyer can assist victims in reducing their legal process. Someone who is terminally sick can file a prior motion in court to speed up the process of litigation.
The statute of limitations is another factor that can affect mesothelioma's timeline. States have laws that restrict the time the person must file a claim. The time-limit for filing claims is expiring, which means victims and their families must take action quickly.
Mesothelioma lawyers can also expedite the legal process by submitting an application to join a mesothelioma multipledistrict litigation (MDL). MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs, and can take care of your case much faster than if you filed separate lawsuits.
If the mesothelioma lawsuit procedure goes smoothly, a final verdict can be reached within a matter of days after the trial phase. However, if the trial is lengthy and results in a wrong verdict, it can take up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without having to step foot in a courtroom. It is possible for the victims and their lawyers to settle a case prior to a trial. Settlements can occur after the initial offer is made and the defendant is given a certain number of days to decide or, in some cases, after the trial has begun.
In most cases the settlement negotiation process involves a back and forth exchange of offers either via written correspondence or by phone. This process could take weeks or months, and even years. During this stage an attorney for mesothelioma can help their client receive the most compensation they can for their claim.
If the lawyer and the victim are unable to reach an agreement during these talks and they are unable to reach an agreement, they can move to mediation. This is where an outside party helps both sides come up with a fair compensation amount. This can also take time but is typically much shorter than waiting for a decision from the jury.
For decades, asbestos manufacturers kept a secret about the dangers that came with their products. This is why many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma disease. The victims can claim compensation to pay for funeral expenses, medical bills and lost wages.
Most mesothelioma cases are settled, even though each case is different. Asbestos firms would rather settle than risk losing a trial verdict. They also know that preparing a case for a trial will take time.
Asbestos-related lawsuits may be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. Certain states, for instance have laws which guarantee a trial within a year. A internationally recognized mesothelioma lawyer can help a victim file in the jurisdiction that will provide them with the highest compensation in the shortest amount of time. Additionally, Daly City mesothelioma attorneys You Tube have special laws that allow the statute of limitations to begin on a victim's diagnosis date or when they passed away, not the date of their exposure. This is an excellent way to make sure that the statute of limitations does not expire before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict could award compensation to the victims or their families. It may also determine whether or not a defendant is responsible for an asbestos-related injury or death.
The time required to reach a final decision varies from case to case. The amount awarded and the strength of evidence and the number of parties involved all influence how long it takes to settle a mesothelioma lawsuit.
Asbestos victims should hire experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Attorneys can help families and victims to understand the complicated legal procedures and deadlines. A lawyer can help ensure that a victim's claim is not denied compensation due to the statute of limitations has expired.
After determining which mesothelioma type of claim is filed, the victims or their lawyers will begin collecting all the necessary documents. This includes mesothelioma diagnosis documents and proof of exposure.
Based on the circumstances, there could be various asbestos trusts or companies which are liable and pay compensation to victims for asbestos-related injuries. The lawyer will investigate the victim's exposure history and determine which companies are liable. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Asbestos lawsuits are distinct. They are typically brought by large companies who hire teams of defense attorneys to try to thwart the claim of the victim. Mesothelioma lawyers who are experienced are able to stop these efforts and keep the lawsuit moving.
The victim is not entitled to compensation if a mesothelioma lawsuit is not filed on time. The time limit for filing a lawsuit varies from one state to the next and, for personal injury claims as well as the wrongful death of a person, it differs. If the victim, or family member has any questions regarding the statute of limitation and should seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer with experience will review the case and decide where to file it to maximize the chances of a positive outcome.