Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma varies from state to state. The clock begins to tick at the time a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A knowledgeable mesothelioma lawyer is aware of the limitations of state law and how to expedite the process to receive the compensation as fast as is possible. Compensation is available to families of victims and the affected when they need it 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 procedure and can take anywhere from 3 to 4 months. During this period, lawyers analyze the evidence submitted to build your mesothelioma claim and collect additional information about asbestos exposure in your past. Your lawyer will question you as well as witnesses in the mesothelioma case. This could include written or in-person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will help you prepare for these interviews.
A mesothelioma lawyer will utilize the information gathered during the discovery phase to identify the asbestos companies responsible for your illness or injuries. Asbestos defendants are not eager to compensate for the harm caused by their negligence, and are likely to try to delay the process as long as they can. It is therefore crucial to find a mesothelioma lawyer with experience and an aggressive approach.
Asbestos-related victims are usually awarded significant financial compensation in settlements. Many of these payouts are made before the trial is scheduled to take place, which saves both parties a significant amount of time and anxiety.
Based on the laws of your state and statutes of limitations, you have one to five years from the time of diagnosis or discovery of mesothelioma, to file a suit for financial compensation. If a loved-one has died from mesothelioma within the last three years their spouses or heirs may file an action for compensation.
A mesothelioma case is filed to win a court verdict or reach an agreement prior to trial. The American legal system tends to be sympathetic to asbestos victims, which is why the majority of mesothelioma lawsuits end in settlements, rather than going to court.
Some settlement offers for mesothelioma are made immediately after the litigation commences, while other settlement offers are not offered until lawyers have a good understanding of the strengths and weaknesses of each claim. The median verdict in a mesothelioma case is approximately $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take months to a year to resolve. However, many mesothelioma cases settle out of court. It is beneficial for victims to receive compensation faster than those who had to go through the long trial and verdict process. Settlements do not also oblige victims to file appeals, which could drag on for years and cause delays to the payment of compensation.
The first phase of a mesothelioma suit is gathering information and evidence. A lawyer will look over the victim's employment history to determine asbestos exposure and the companies that are responsible for their condition. Defendant lists are then 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 might try a variety tactics to avoid paying victims. They may try to conceal evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced in recognizing these tactics and strategies and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal process. If someone is terminally sick, they can make a motion for priority in court to speed up the litigation process.
The statute of limitations is a different aspect that influences the mesothelioma timeline. States have laws that limit the time that the person has to make a claim. The time limit for filing a claim is dwindling, so the victims and their families need to take action quickly.
Mesothelioma lawyers may also speed up the legal process by submitting an application to join a mesothelioma multidistrict litigation (MDL). MDLs group similar asbestos lawsuits for quicker processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case more quickly than if you had filed separate lawsuits.
If the mesothelioma lawsuit procedure goes smoothly, a verdict is reached within a few days after the trial phase. If Fort Smith mesothelioma lawsuits is complex and results in a wrong verdict, it can take several months or up to one year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims, and their families, get compensation without having to enter the courtroom. It is possible for the victims and their attorneys to settle a case prior to a trial. Settlements can be made after the initial offer is made and the defendant is given a number of days to respond, or even after a trial has started.
Mesothelioma lawsuits usually involve a back and forth exchange of offers during the settlement negotiation process whether in writing or via phone. The process can last for weeks, months, or even years. In this stage, a knowledgeable mesothelioma lawyer can assist their client in obtaining the most lucrative amount of compensation they can get for their claim.
If the victim and their lawyer cannot reach an agreement during these negotiations, then they can proceed to mediation. This is where a third party person helps both sides come to an appropriate amount of compensation. This can also take some time but is typically quicker than waiting for a verdict from the jury.
For decades, asbestos manufacturers concealed the dangers of their products. In the end, many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with the deadly mesothelioma cancer. These people may be entitled to compensation for funeral expenses, medical costs, and lost wages.
Most mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle rather than be at risk of a poor verdict at trial. They also realize that making a case ready for trial will take some time.
Asbestos victims and their attorneys can also speed up the process by filing lawsuits in the proper state and within the appropriate jurisdiction. Certain states, for instance have laws that ensure a trial within one year. A mesothelioma lawyer with national recognition can help victims file in the state which will grant them the highest amount of compensation within the shortest time. Certain states have laws that permit the statute of limitations to begin at the victim's diagnosis date or their death date, rather than their exposure dates. This is a great method to ensure that the statute of limitation does not run out before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a settlement or verdict. The verdict could be awarded compensation to the victims or their families. It will also decide whether the defendant is accountable for an asbestos-related injury, or death.
The length of time it takes to reach a final decision varies from case to case. The amount awarded, strength of the evidence, and the number of parties influence the time it takes to resolve mesothelioma cases.
Asbestos victims need to hire an experienced lawyer as soon as they can to ensure their rights throughout the entire mesothelioma litigation process. Lawyers will assist victims and their families understand the complicated legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation due to the time limit has expired.
Once they have determined the type of mesothelioma claim is filed, the victim or their attorneys will begin gathering all the required documentation. This includes mesothelioma diagnosis and evidence of exposure.
Based on the specific circumstances, there may be various asbestos trusts or companies that are responsible and will compensate a victim for their asbestos-related injuries. The lawyer will examine the history of the victim's asbestos exposure to determine which companies may be liable. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Lawsuits involving asbestos are unique. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees to try to stop a victim's claim. Expert mesothelioma lawyers are able to stop these efforts and keep the case moving forward.
If a mesothelioma claim is not filed in time the victim will be denied from receiving compensation. The statute of limitations varies from state to state, and the time limit for personal injury and wrongful death claims is different. If the victim, or family member has concerns regarding the statute of limitation, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer can review the case to determine when to file it in order to maximize the odds of a positive result.