Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations differs from state to state. The clock starts to tick from the time that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who is skilled and knowledgeable knows state statutes of limitations and how to expedite the process to get compensation as soon as is possible. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys from both sides will start the discovery phase. This is an essential phase of the legal process, and usually takes anywhere from 3 to 4 months. During this period, lawyers analyze the evidence submitted to create your mesothelioma lawsuit and gather additional information about asbestos exposure in the past. Your lawyer will also question you and any witnesses involved in your mesothelioma claim. This could include both depositions in person or written. Our mesothelioma lawyers are skilled in this area of litigation and will prepare you for these interviews.
A mesothelioma lawyer who is skilled will use the data that is gathered during the discovery process to determine which asbestos-related companies are accountable for your injuries and illnesses. Asbestos defendants are not eager to compensate for the damage caused by their negligence, and will likely attempt to delay the process as long as they can. This is why it is crucial to choose mesothelioma attorneys who have skilled and aggressive legal representation.
Settlements are typically used to compensate asbestos victims financially. Settlements are usually 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 passed away from mesothelioma spouses and heirs have up to three years to file a wrongful death claim for compensation on their behalf.
A mesothelioma lawsuit is filed to secure a court verdict or reach a settlement prior to trial. The American legal system is generally sympathetic to asbestos manufacturers' victims, which is why most mesothelioma lawsuits result in an agreement rather than going to trial.
Some mesothelioma settlement offers are made as soon as litigation begins and others are only made available after lawyers are aware of the strength of each party's case. The median verdict in a mesothelioma lawsuit is about $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit usually take between six months and a full year to resolve. A majority of mesothelioma cases settle outside of court. It is beneficial for the victims to receive compensation quicker than if they had to endure a lengthy verdict and trial process. Settlements do not require victims to file appeals that could take years and delay payment.
The first phase of mesothelioma cases is to gather evidence and details. A lawyer will go over the history of employment of the victim to determine the extent of asbestos exposure and the companies responsible for their disease. Then the list of defendants is made. Based on the mesothelioma diagnosis and the type of company that were involved, there could be multiple defendants in a single claim.
Asbestos defendants might not be eager to pay large settlements, and they may employ a variety of ways to avoid paying victims. For instance, they could try to discredit medical records or conceal evidence related to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and ways to stop them.
A mesothelioma lawyer can assist a victim in reducing their legal timeframe. A person who is terminally ill can file a priority motion in the court to speed up the process of litigation.
The statute of limitations is yet another aspect that influences a mesothelioma timeline. This is due to states having laws that limit the length of time a person can make a claim for compensation. The statute of limitations is expiring, which means the victims and their families need to take action quickly.
Mesothelioma lawyers may also speed up the legal process by making an application to join a mesothelioma-related multidistrict 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 much faster than if you file separate lawsuits.
If the mesothelioma lawsuit process is successful, a verdict can be reached within days after the trial phase. If the trial is complex and results in an unjust decision, it could take up to a year, or up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to enter the courtroom. It is possible for the victims and their attorneys to settle a matter before a trial. Settlements can be made after the initial offer was made and the defendant has had a specific number of days to respond or even after the trial.
In the majority of instances, the settlement negotiation process involves a back and forth exchange of offers either by written correspondence or over the phone. This can take months, weeks or even years. In this stage a mesothelioma lawyer who is skilled can assist their client in obtaining the maximum amount of amount of compensation they can get for their claim.
If a mesothelioma victim and their attorney are unable to come to a settlement during these negotiations, they may proceed to mediation which is a third party person who assists both parties reach an agreement on a fair compensation amount. This can also take time but is typically less time-consuming than waiting for a verdict from a jury.
For decades, asbestos manufacturers hid the dangers associated with their products. As a result, many military veterans, workers and family members of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma disease. The victims could be eligible for compensation for medical expenses, funeral costs, and lost wages.
The majority of mesothelioma cases are settled, even though each case is different. Asbestos companies prefer to settle rather than be at risk of a poor verdict in court. They also understand that the preparation of a case for trial will take time.
Asbestos victims and their attorneys can also accelerate the process by filing an action in the correct state and in the right jurisdiction. For example, 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 state which will grant them the highest amount of compensation within the shortest amount of time. Some states have laws that permit the statute of limitations to begin on a victim’s diagnosis date or death date, not their exposure dates. This is a great way to ensure that the statute of limitations will not expire before patients receive mesothelioma compensation.
Final Verdict
The mesothelioma lawsuit will end with a final verdict or settlement. The verdict could be awarded compensation to victims or their families. The verdict can also decide if a defendant was liable for an injury or death caused by asbestos.
The length of time it takes to reach a final verdict will vary from case to. The amount that is awarded and the strength of evidence and the number of parties involved all impact how long it will take to resolve a mesothelioma case.
Asbestos victims need to hire an experienced lawyer as soon as they can in order to protect their rights throughout the mesothelioma litigation process. Lawyers can assist victims and families understand the complicated legal procedures and deadlines. A lawyer can also ensure that the time limit does not expire before the victim receives compensation.
After determining columbia mesothelioma law firm of mesothelioma lawsuit, victims or their lawyers will begin collecting all necessary documentation to support the claim. This includes mesothelioma-related diagnosis records and evidence of exposure.
Depending on the situation, there could be several asbestos companies that are liable or trust funds that compensate the victim for their asbestos-related injuries. The lawyer will research the history of exposure and determine which corporations are responsible. They will also investigate which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit with.
The asbestos lawsuits are atypical. They typically involve large companies with teams of experienced defense lawyers paid large retainer fees to try and stop a victim's claim. Expert mesothelioma lawyers are able to stop these efforts and ensure that the case is moving forward.
If a mesothelioma claim is not filed within the timeframe, the victim will be disqualified from receiving compensation. The statute of limitation differs from state to another and also for personal injury claims and the wrongful death of a person, it differs. If a victim, or their family member have any questions regarding the statute of limitations and should contact a mesothelioma law firm right away to discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it to maximize the chance of a successful result.