Mesothelioma Lawsuit Timeline
The time limit for mesothelioma differs from one state to another. The clock starts ticking at the time of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who is knowledgeable will know the state statute of limitations and how best to expedite compensation to ensure that victims receive compensation as quickly as they can. A quicker resolution means that compensation is available when the families and victims require it the most.
The Discovery Phase
After a mesothelioma lawsuit is filed, attorneys from both sides will start the discovery phase. This is an essential phase of the legal process and often takes between 3 and 4 months. During this period, lawyers examine the evidence submitted to build your mesothelioma lawsuit and gather additional information regarding asbestos exposure in your past. Your attorney will also speak with witnesses, including you, involved in your mesothelioma claim. This could include written or in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interview sessions.
A mesothelioma attorney will use the information gathered during the discovery phase to identify the asbestos companies responsible for your illness or injuries. Asbestos defendants will attempt to delay the process in order to avoid paying compensation for damages caused through their negligence. This is why it's crucial to choose mesothelioma attorneys who have experienced and aggressive legal representation.
Settlements are typically used to compensate asbestos victims financially. A large portion of these settlements are paid out before the trial is scheduled to take place which can save both parties a significant amount of time and anxiety.
Depending 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 passed away from mesothelioma during the past three years, their spouses or heirs can submit an action for compensation.
The aim of a mesothelioma case is to reach an agreement before trial or an award in court. The American legal system is generally supportive of asbestos manufacturers' victims this is why the majority of mesothelioma lawsuits result in an agreement rather than going to trial.
Certain mesothelioma settlements are offered as soon as litigation begins and others are only made available after lawyers have a strong understanding of the strength of each party's case. The median verdict in a mesothelioma lawsuit is approximately $2 million. However, the majority of cases are settled for less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit usually take between a year and months to settle. However, a lot of mesothelioma lawsuits settle out of the court. It is beneficial for victims to receive compensation quicker than if they had to endure a long trial and verdict process. Settlements do not require victims to file any appeals, which could drag on for years and cause delays to compensation payments.
The initial stage of a mesothelioma suit is gathering evidence and information. A lawyer will look over the history of employment of the victim to determine asbestos exposure as well as the companies responsible for their disease. Then a list of defendants is compiled. Depending on a person's mesothelioma diagnosis and the type of company that were involved, there may be several defendants listed in a single claim.
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 attempt to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and thwart them.
A mesothelioma attorney can also assist victims in reducing their legal timeline. If someone is terminally sick, they may submit a motion to have priority in the courtroom to speed up the legal process.
The statute of limitations is yet another aspect that influences mesothelioma's timeline. Pompano Beach mesothelioma lawsuits is due to states having laws that limit the length of time it takes to make a claim for injury. Victims and their loved ones must act swiftly to stop the time limit from running out.
Mesothelioma lawyers can also speed up the legal process by making a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs bring similar asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a much faster pace than if you filed a separate lawsuit.
If the mesothelioma litigation process is smooth, a decision may be reached within days after the trial phase. However, if the trial is lengthy and leads to a wrongful verdict, it could take several months or up to an entire year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families get compensation without the need to go through the courtroom. This is because victims and their lawyers can settle a case before the start of a trial. Settlements can occur after the initial offer has been made and the defendant is given a set number of days to decide or after a trial has begun.
Mesothelioma lawsuits typically involve a back-andforth exchange of offers during the settlement negotiation process either through written correspondence or over the phone. This can take weeks, months or even years. In this stage, a knowledgeable mesothelioma lawyer can help their client get the highest possible amount of compensation they can get for their claim.
If the lawyer and the victim 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 a third party can help both sides come up with a fair compensation amount. It may take some time but is typically less time-consuming than waiting for a decision from a jury.
Asbestos manufacturers hid the dangers of their products for a long time. Many veterans, workers, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma, which is a deadly cancer. These people may be entitled to compensation for funeral expenses, medical costs and lost wages.
The majority of mesothelioma cases are settled, even though every case is different. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also realize that making a case ready for trial can take a long time.
Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to accelerate the process. For instance, some states have statutes of limitation which guarantee a trial within one year. A internationally recognized mesothelioma lawyer can help a victim file in the jurisdiction that will give them the highest amount of compensation within the shortest time. Some states have laws that allow the statute of limitation to begin at the victim's diagnosis date or death date, not their exposure dates. This is a great method to ensure that the statute of limitation does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict could be awarded compensation to the victims or their families. The verdict could also determine whether a defendant is liable for the death or injury caused by asbestos.
The amount of time it takes to reach the final verdict varies from case to case. The amount that is awarded as well as the strength of the evidence and the number of parties involved all influence how long it takes to resolve a mesothelioma case.
Asbestos patients should consult experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist families and victims to learn about the complex legal processes and deadlines. A lawyer can help ensure that the claim of a victim is not denied compensation because the statute of limitations has expired.
After determining the type of mesothelioma lawsuit, the victims or their attorneys will start collecting all necessary documentation to support the claim. This includes mesothelioma diagnose documents and proof of exposure.
Depending on the circumstances, there could be many asbestos trusts or companies which are liable and compensate a victim for their asbestos-related injuries. The lawyer will investigate the history of the person's asbestos exposure to determine which corporations are liable. They will also look into the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.
Asbestos-related lawsuits are not common. They are typically filed by large corporations who employ teams of defense lawyers to attempt to stop the victim's claim. Mesothelioma lawyers who are experienced know how to stop these efforts and keep the case moving forward.
The victim is not able to receive compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations varies from state to state and the time limit for personal injury and claims for wrongful death is different. If a victim, or their family member has any concerns about the statute of limitations, they should contact a mesothelioma law firm right away to discuss their options. A mesothelioma lawyer with experience will examine the case and decide where to file it to maximize their chance of a positive outcome.