Mesothelioma Lawsuit Timeline Explained In Less Than 140 Characters
Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation varies from state to state. The clock begins to tick from the date a patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands the limitations of state law and can speed up the process to get compensation as quickly as possible. A faster resolution means that compensation is available when the families and patients need it most.
The Discovery Phase
Following the filing of a mesothelioma case attorneys from both sides will begin the discovery phase. This is a crucial part of the legal process and often takes between 3 and 4 months. During this time lawyers will go through all evidence submitted to build your mesothelioma claim and collect more details about the asbestos exposure you've had in the past. Your attorney will also interview you and any other witnesses involved in the mesothelioma lawsuit. This could include written and in-person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will prepare you for these depositions.
A mesothelioma lawyer who is skilled will use the data collected during the discovery phase to determine which asbestos companies are accountable for your injuries and illnesses. Asbestos defendants don't want to pay compensation for the harm they caused through their negligence, and will likely attempt to delay the process as much as they can. It is therefore important to choose a mesothelioma attorney who has experience and a strong representation.
Settlements are often used to pay compensation to asbestos victims financially. These settlements are often done prior to trial, which saves both parties time and stress.
You are entitled to between one and five years, depending on the state laws or statutes of limitation, from the time you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma within the past three years, their spouses or heirs can submit an action for compensation.
The goal of a mesothelioma suit is to reach an early settlement or an award in the court. The American legal system is generally supportive of asbestos manufacturers' victims and that is the reason why most mesothelioma cases end with the form of a settlement instead of going to trial.
Certain settlement offers for mesothelioma are made immediately after the litigation commences, while other settlement offers are not announced until attorneys are aware of the strengths and weaknesses of each claim. The median verdict in a mesothelioma lawsuit is around $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit typically take anywhere from a few months to a full year to resolve. However, many mesothelioma cases settle out of the court. This is advantageous for the patients because it allows them to receive compensation much faster than if they went through an extensive trial and verdict process. Settlements do not also require victims to file any appeals, which can linger on for years and cause delays to the payment of compensation.
The first phase of a mesothelioma lawsuit involves gathering evidence and obtaining information. A lawyer will look over the history of employment of the victim to determine the extent of asbestos exposure and companies responsible for their illness. Then the list of defendants is compiled. Based on the mesothelioma diagnosis and the type of company that were involved, there may be multiple defendants listed in a single claim.
Asbestos defendants may not be keen to pay large settlements, and they may employ a variety of tactics to avoid paying victims. They may try to conceal evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and deter them.
A mesothelioma lawyer may also assist patients in reducing their legal timeline. Anyone who is ill can file a priority motion in court to accelerate the process of litigation.
The statute of limitations is another factor which affects the timeline for mesothelioma. This is due to states having laws that limit the length of time that a person has to make a claim for injury. The injured party and their family members must act swiftly to stop the time limit from expiring.
Mesothelioma lawyers can also expedite the legal process by making a request to join a mesothelioma multipledistrict litigation (MDL). MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a much quicker rate than if you file a separate lawsuit.
If the mesothelioma litigation procedure goes smoothly the final verdict could be reached within days of reaching the trial phase. If the trial is lengthy and results in a wrong decision, it may take several months or up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to enter a courtroom. This is due to the fact that victims and their attorneys can settle a matter prior to the trial. Settlements can happen after the initial offer is made and the defendant is given a number of days to make a response or after a trial has begun.
In most cases the process of negotiating settlements involves an exchange of offers, either through written correspondence or over the phone. This process can take several weeks or months, or even years. At this point an attorney for mesothelioma can assist their client in receiving the highest amount of compensation for their claim.
If the lawyer and the victim cannot reach an agreement during the negotiations, then they can proceed to mediation. This is when a third party can help both sides to come up with an appropriate amount of compensation. It can take some time but is generally faster than waiting for the verdict of a jury.
For decades, asbestos manufacturers kept a secret about the dangers that came with their products. In the end, many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with a fatal mesothelioma disease. They are eligible for compensation to cover medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases settle, even though every case is unique. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also realize that preparing a case for a trial will take some time.
Asbestos victims and their attorneys can also accelerate the process by filing a lawsuit in the right state and within the appropriate jurisdiction. For instance, some states have statutes of limitation that allow for a trial to be held within one year. A nationally recognized mesothelioma law firm can assist victims in filing in the jurisdiction that can provide them with the highest compensation in the shortest time. In addition, some states have laws that allow the statute of limitation to begin on a victim's diagnosis date or the date they passed away, not the date of their exposure. This is a great way to ensure that the statute of limitations does not run out before victims receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict may award compensation to the victims or their families. It could also determine whether the defendant is responsible for an asbestos-related injury, or death.
The time it takes to reach a final verdict can differ from case the case. The amount that is awarded, the quality of the evidence and the number of parties affect how long it takes to resolve mesothelioma cases.
Asbestos victims should hire experienced lawyers as soon as they can to ensure that their rights are protected throughout the entire mesothelioma litigation process. Attorneys will help the families of victims to understand the complex legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation because the statute of limitations has run out.
After determining the type of mesothelioma lawsuit, the victims or their lawyers will begin gathering all the necessary documents to support the claim. This includes mesothelioma diagnosis records and evidence of exposure.
Based on the particular case, there may be multiple liable asbestos companies or trust funds that will compensate the victim for their asbestos-related harms. The lawyer will research the victim's exposure history and determine which corporations are responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
Asbestos-related lawsuits are not common. They are typically brought by large corporations that employ teams of defense lawyers to attempt to stop the victim's claim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward.
If a mesothelioma suit is not filed by the deadline the victim will be denied from receiving compensation. The statute of limitations differs from state to the next, and for personal injury claims and the wrongful death of a person, it differs. If Aurora mesothelioma lawyer or their family member have any questions about the statute of limitations and the time limit, they should contact a mesothelioma legal firm right away to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine when to file it in order to maximize the chance of a positive outcome.