Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different from one state to another. The clock begins to tick at the time that a patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands state statutes of limitations and how to expedite the process of obtaining compensation as soon as is possible. A quicker resolution means that compensation is available when the victims and their families are in need of it most.
The Discovery Phase
After filing a mesothelioma suit attorneys from both sides will begin the discovery phase. This is a crucial aspect of the legal process and can last from 3-4 month. During this time, lawyers will analyze the evidence submitted to create your mesothelioma claim and collect additional information regarding asbestos exposure in the past. Your lawyer will conduct an interview with you as well as any witnesses involved in the mesothelioma trial. This could include written and in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer who is skilled will use the information gathered during the discovery phase to determine which asbestos companies are liable for your injuries and illnesses. Asbestos defendants are not eager to compensate you for the damage caused by their negligence, so they will likely attempt to delay the process as much as possible. It is therefore crucial to find a mesothelioma lawyer who has experience and a strong representation.
Settlements are often used to compensate asbestos victims financially. These settlements are often made before the trial, thereby saving both parties time and stress.
You have between one and five years, based on the laws of your state or statutes of limitation, from the date you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma, spouses and heirs have up to three years to make a claim for wrongful death to claim compensation on their behalf.
The aim of a mesothelioma lawsuit is to reach an agreement before trial or a verdict in the court. The American legal system is generally supportive of the victims of asbestos manufacturers and that is the reason why most mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Certain settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not announced until attorneys have a good understanding of the strength and weaknesses of each party's claim. The mesothelioma average trial verdict is approximately $2 million, but the majority of cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take between six months and a full year to resolve. A majority of mesothelioma cases settle outside of court. It is beneficial for victims to receive compensation faster than those who had to go through a lengthy verdict and trial process. Settlements do not require that victims file appeals which can take years and delay the payment.
The first phase of a mesothelioma suit is gathering evidence and information. Lawyers will examine the history of a patient's employment to determine asbestos-related exposures and the companies responsible for their disease. Defendant lists are then created. Multiple defendants can be listed based on the type of mesothelioma as well as the companies involved.
Asbestos defendants don't want to make large settlements, and they may try various strategies to avoid paying victims. They might try to hide evidence or deny medical records related to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these strategies and stop them.
A mesothelioma attorney can also assist victims in reducing their legal timeline. Anyone who is ill can file a priority motion in court to accelerate the litigation process.
The statute of limitations is a different aspect that influences the mesothelioma timeline. States have laws that limit how long a person must file a claim. The injured party and their family members must act quickly to prevent the time limit from expiring.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict lawsuit. MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs and can handle your case more quickly than if you file separate lawsuits.
If the mesothelioma trial process is successful, a final verdict can be obtained within days of reaching the trial phase. If the trial is complicated and results in an unjust verdict, it may take up to a year, or up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families, receive compensation without the need for a courtroom. It is possible for victims and their lawyers to settle a matter before a trial. Settlements can take place after the initial offer has been made and the defendant has been given a certain number of days to reply or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers in the settlement negotiation process, whether in writing or over the phone. This can take months, weeks, or even years. In this stage, a mesothelioma attorney can help their client receive the maximum compensation possible 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 an outside party helps both sides come up with an appropriate amount of compensation. It may take a while however, it is generally quicker than waiting for the verdict of a jury.
For a long time, asbestos producers hid the dangers associated with their products. As a result, many military veterans, workers and relatives of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. They are eligible for compensation to cover funeral expenses, medical bills and lost wages.
Most mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle than risk losing a trial verdict. They also realize that making a case ready for trial can take a long time.
Asbestos victims and their attorneys can also speed up the process by filing an action in the correct state and within the appropriate jurisdiction. For instance, some states have statutes of limitations which guarantee a trial within one year. A mesothelioma lawyer with national recognition can assist patients in filing a claim in the jurisdiction that will allow them to receive the most compensation in the shortest period of time. Some states have laws that allow for the statute of limitations to start on a victim's diagnosis date or death date, not their exposure dates. This is an excellent way to make sure that the statute of limitations does not expire before victims receive mesothelioma compensation.
Citrus Heights mesothelioma lawsuit or settlement is the end result of the mesothelioma suit. The verdict could award compensation to the victims or their families. The verdict could also determine whether a defendant was responsible for a death or injury caused by asbestos.
The time needed to reach a final decision can differ from case the case. The amount that is awarded as well as the strength of the evidence and the number of parties involved all impact how long it will take to settle a mesothelioma matter.
Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Attorneys can help victims and families get a better understanding of the complex legal procedures and deadlines. Lawyers can also ensure that the statute of limitations doesn't expire before the victim receives compensation.
After determining the type of mesothelioma lawsuit, victims or their attorneys will start collecting all necessary documentation for the claim. This includes mesothelioma diagnoses and proof of exposure.
In the event of a situation, there could be multiple liable asbestos companies or trust funds that will compensate a victim for their asbestos-related injuries. The lawyer will look into the history of the victim's asbestos exposure to determine which corporations may be liable. They will also determine the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit against.
The asbestos lawsuits are atypical. The lawsuits are usually brought by large corporations that employ defense teams to try and derail the claim of the victim. Mesothelioma lawyers who are experienced know how to stop these tactics and keep the case moving forward.
If a mesothelioma lawsuit is not filed within the timeframe, the victim will be disqualified from receiving compensation. The statute of limitations varies from state to state and the statute of limitations for personal injury and claims for wrongful deaths is different. If a victim, or their family member has any concerns regarding the statute of limitation and should contact a mesothelioma legal firm immediately to discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it in order to maximize the odds of a positive result.