Mesothelioma Lawsuit Timeline
The time limit for mesothelioma varies from state to state. The clock begins 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 will be aware of the statute of limitations in the state and how best to expedite compensation to ensure that victims receive their compensation as soon as possible. Compensation is available to families of victims and the affected when they require it most.
The Discovery Phase
After filing a mesothelioma suit, attorneys on both sides will commence the discovery phase. This is a crucial part of the legal procedure and can last from 3-4 months. During this time, lawyers examine the evidence submitted to build your mesothelioma case and gather additional information regarding asbestos exposure in the past. Your attorney will also interview you and any other witnesses who are involved in your mesothelioma case. This could include both depositions in person or written. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interview sessions.
A skilled mesothelioma lawyer will use the data that is gathered during the discovery process to determine which asbestos-related companies are responsible for your injuries and illnesses. Pasadena are not eager to pay compensation for the harm they caused through their negligence, and will likely try to stall the process as long as they can. It is therefore important to hire a mesothelioma lawyer with experience and an aggressive approach.
Asbestos victims are typically awarded substantial financial compensation via settlements. A large portion of these settlements are made before the trial takes 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 a period of one to five years from the time of diagnosis or discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If a loved one has passed away from mesothelioma in the last three years, their spouses or heirs are able to file an action for compensation.
The purpose of a mesothelioma suit is to achieve an agreement before trial or an award in court. The American legal system is generally sympathetic to asbestos victims and that is the reason why most mesothelioma lawsuits end in an agreement rather than going to trial.
Certain settlement offers for mesothelioma can be made immediately after the litigation commences, while other settlement offers are not offered until lawyers have a clear understanding of the strength and weaknesses of each side's claim. The mesothelioma average trial verdict is about $2 million, but most cases settle for less than that amount.
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 the court. This is advantageous for the patients because they are able to receive compensation much faster than would be the case in the event of an extensive trial and verdict process. Settlements don't require victims to make appeals, which can take years to resolve and could delay payment.
The first phase of mesothelioma cases is to gather evidence and details. A lawyer will look over the history of employment of the victim to determine asbestos exposure as well as the companies that are responsible for their condition. Then, a list of defendants is compiled. Multiple defendants can be listed based on the kind of mesothelioma and the corporations involved.
Asbestos defendants may not be eager to pay large settlements and they might try a variety tactics to avoid paying victims. They may try to conceal evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and strategies and how to stop them.
A mesothelioma lawyer can also assist patients in reducing their legal timeframe. If a person is diagnosed as terminally sick, they can file a motion for priority in the courtroom to speed up the litigation process.
The statute of limitations is another factor that can affect a mesothelioma timeline. States have laws that restrict how long the person has to make a claim. The injured party and their family members must act fast to prevent the time limit from running out.
Mesothelioma lawyers may also speed up the legal process by submitting an application to join a mesothelioma multipledistrict litigation (MDL). MDLs join similar asbestos lawsuits to ensure faster processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case faster than if you had filed separate lawsuits.
If the mesothelioma trial process is successful, a final verdict can be reached within a matter of days of reaching the trial phase. However, if the trial is complex and results in a wrongful verdict, it could take up to one year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims, as well as their families are compensated without having to enter an in-courtroom. It is possible for victims and their attorneys to settle a case prior to trial. Settlements can occur after the initial offer has been made and the defendant has been given a certain number of days to respond or even after the trial.
In most instances the process of negotiating settlements involves an exchange of offers either by written correspondence or over the phone. This process could take weeks or months, and even years. During this time, a knowledgeable mesothelioma lawyer can help their client receive the maximum amount of compensation for their claim.
If a mesothelioma sufferer and their lawyer are unable to reach a settlement in these negotiations, they may go to mediation which is a third-party person who assists both parties agree on a fair amount of compensation. It can take some time however, it is generally quicker than waiting for the verdict of the jury.
Asbestos manufacturers concealed the dangers of their products for years. Many veterans, workers, and family members of asbestos-exposed individuals have been diagnosed with mesothelioma. It is the most deadly form of cancer. These people may be entitled to compensation for funeral expenses, medical costs, and lost wages.
Although every case is different, the majority of mesothelioma cases end in an agreement. Asbestos companies prefer to settle than risk a negative verdict in court. They also know that preparing a case for a trial can take a long time.
Asbestos victims and their lawyers can also accelerate the process by filing lawsuits in the proper state and within the appropriate jurisdiction. For example, some states have statutes of limitations 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 amount of time. Some states have laws that allow the statute of limitation to start on a victim's diagnosis date or their death, instead of the date of their exposure. This is an excellent way to make sure that the statute of limitations does not expire before patients receive mesothelioma compensation.
Final Verdict
The mesothelioma case will end with a final verdict or settlement. The verdict may award compensation to victims or their families. The verdict may also decide whether a defendant is liable for an injury or death caused by asbestos.
The time it takes to reach a decision can vary from case to situation. The amount awarded, strength of the evidence, and the number of parties influence the time it takes to resolve mesothelioma cases.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure that their rights are protected throughout the entire mesothelioma lawsuit process. Attorneys will help victims and their families to understand the complex legal procedures and deadlines. A lawyer can ensure that a victim's claim is not denied compensation due to the time limit has expired.
After determining the type of mesothelioma claim is filed, victims or their attorneys will begin gathering all the required documentation. This includes mesothelioma-related diagnoses and evidence of exposure.
Based on the specific circumstances, there could be several asbestos companies or trusts which are liable and compensate the victim for their asbestos-related injuries. The lawyer will look into the history of exposure to asbestos and determine which companies are responsible. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.
Lawsuits involving asbestos are unique. They usually involve large corporations with teams of highly skilled defense lawyers who pay substantial retainer fees in order to hinder a claim of a victim. Expert mesothelioma lawyers are able to stop these tactics and ensure that the case is moving forward.
The victim isn't eligible for compensation if a mesothelioma suit is not filed on time. The time limit for filing a lawsuit varies from state to state, and the statute of limitations for personal injury and claims for wrongful deaths is different. If someone who is a victim, or a family member has any questions about the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer will look over the case to determine where to file it to maximize the chances of a successful outcome.