Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma varies from one state to another. The clock begins to tick at the time a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A mesothelioma lawyer that is knowledgeable will know the statute of limitations in the state and the best way to speed up compensation to ensure that victims receive settlement as soon as they can. A quicker resolution means that compensation is available when the victims and their families need it most.
The Discovery Phase
After filing a mesothelioma suit, attorneys from both sides will begin the discovery phase. This is an important part of the legal process and can take anywhere from 3 to 4 month. During this time, lawyers will review all evidence provided to help build your mesothelioma case and gather more information regarding asbestos exposure you've experienced in the past. Your lawyer will conduct an interview with you, as well as any witnesses involved in the mesothelioma case. This may include depositions in person and in writing. Our mesothelioma attorneys are seasoned in this area of litigation and will help you prepare for these depositions.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to determine the asbestos companies accountable for your illness or injuries. 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 much as possible. This is why it is essential to hire mesothelioma attorneys who have experienced and aggressive legal representation.
Asbestos victims are typically awarded substantial financial compensation via settlements. Many of these payouts are paid out before the trial is scheduled to take place which saves both parties a lot of time and anxiety.
You are entitled to between one and five years, based on the state laws or statutes of limitations, from the date you were diagnosed with mesothelioma. If your loved one has died of mesothelioma spouses and heirs can have three years to make a claim for wrongful death for compensation on their behalf.
A mesothelioma suit is filed in order to secure a court verdict or reach a settlement prior to trial. The American legal system tends to be tolerant of the asbestos producers' victims and that is the reason why the majority of mesothelioma lawsuits end with settlements instead of going to court.
Certain mesothelioma settlements are made as soon as the litigation begins. Others are only made available after lawyers have a clear understanding of the strength of each party's case. 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 get to the trial stage of a lawsuit typically take between a year and months to resolve. A majority of mesothelioma cases settle outside of court. It is beneficial for victims to receive compensation faster than if they had to go through the lengthy verdict and trial process. Settlements do not require victims to file appeals that can take years and delay the payment.
The initial stage of a mesothelioma lawsuit involves gathering evidence and information. A lawyer will review the history of employment of the victim to determine asbestos exposure as well as the companies that are responsible for their condition. Defendant lists are then created. Based on a person's mesothelioma type and which corporations were involved, there may be multiple defendants in a single claim.
Asbestos defendants are not eager to settle large sums and may resort to different strategies to avoid paying victims. They may try to conceal evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are skilled in identifying these tactics and strategies and how to stop them.
A mesothelioma attorney can also assist a victim in reducing their legal timeframe. If a person is diagnosed as terminally sick, they can submit a motion to have priority in court to speed up the litigation process.
The statute of limitations is yet another factor that can affect a mesothelioma timeline. States have laws that limit how long a person must make an action. The injured party and their family members must act fast to prevent the time limit from expiring.
Mesothelioma lawyers can also speed up the legal process by making an application to join a mesothelioma multipledistrict litigation (MDL). MDLs group similar asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a much quicker rate than if you file a separate lawsuit.
If the mesothelioma litigation process is smooth, a decision may be reached within days of the trial phase. If the trial is complex and results in an unjust verdict, it could take up to a year, or up to one year for victims to get compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without needing to enter a courtroom. This is because the victims and their attorneys can settle a case prior to the trial. pittsburgh mesothelioma law firm can happen after the initial offer is made and the defendant is given a number of days to decide, or even after a trial has begun.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process, either through written correspondence or over the phone. It can take months, weeks or even years. At this point an attorney for mesothelioma can help their client receive the highest amount of compensation for their claim.
If a mesothelioma sufferer and their lawyer are unable to come to a settlement during the negotiation process, they could proceed to mediation which is a third party person who assists both parties to agree on a fair amount of compensation. This can also take some time but is typically much shorter than waiting for a decision from a jury.
Asbestos manufacturers hid the dangers of their products for years. As a result, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. These victims are eligible for compensation to pay for funeral expenses, medical bills and lost wages.
The majority of mesothelioma cases are settled, even though each case is different. Asbestos companies would rather settle rather than risk losing a verdict in court. They also realize that preparing a case for a trial will take time.
Asbestos victims and their attorneys can also speed up the process by filing an action in the correct state and in the right jurisdiction. For instance, some states have statutes of limitations that guarantee a trial within one year. A nationally recognized mesothelioma law firm can assist a victim in filing in the state that will provide them with the highest compensation in the shortest time. Some states have laws that allow the statute of limitation to begin on a victim’s diagnosis date or death, instead of their exposure dates. This is an excellent way to make sure that the statute of limitations will not run out before victims receive mesothelioma settlements.
Final Verdict
The mesothelioma trial will conclude with a verdict or settlement. The verdict may be awarded compensation to the victims or their families. The verdict could also determine if a defendant was liable for an injury or death caused by asbestos.
The amount of time it takes to reach a final verdict varies from case to case. The amount that is awarded, the strength of the evidence, and the number of parties influence how long it takes to decide on mesothelioma cases.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the entire mesothelioma litigation process. Lawyers can assist victims and families learn about the complex legal processes and deadlines. A lawyer can also help ensure that the statute of limitations does not expire before the victim receives compensation.
After determining the type of mesothelioma claim is filed, the victim or their attorneys will begin collecting all the necessary documents. This includes mesothelioma diagnose records and evidence of exposure.
Based on the particular case, there could be multiple liable asbestos companies or trust funds that compensate the victim for the asbestos-related injuries they sustained. The lawyer will investigate the victim's history of 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.
Asbestos-related lawsuits are not common. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees in order to stop a victim's claim. Expert mesothelioma lawyers are able to stop these attempts and ensure that the case is moving forward.
The victim is not able to receive compensation if a mesothelioma suit is not filed on time. The statute of limitation differs from one state to the next, and for personal injury claims as well as wrongful deaths, it's different. If a victim, or a family member has any questions regarding the statute of limitations, they should immediately seek out a mesothelioma attorney to discuss their options. A skilled mesothelioma attorney will review the case and determine where to file it in order to maximize the chances of a favorable outcome.