Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitations is different from state to state. The clock starts to tick at the time the patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A mesothelioma lawyer who's experienced will understand the statute of limitations for the state and how best to expedite compensation to ensure that victims receive compensation as quickly as they can. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
After filing a mesothelioma suit attorneys from both sides will begin the discovery phase. This is an essential phase of the legal process and often takes anywhere from 3 to 4 months. During this time, lawyers will examine the evidence submitted to create your mesothelioma lawsuit and gather additional information regarding asbestos exposure in your past. Your attorney will interview you and any witnesses involved in the mesothelioma case. This could include both depositions in person and in writing. Our mesothelioma lawyers are experienced in this particular aspect of litigation and will prepare you for these interviews.
A mesothelioma attorney will use the information gathered during the discovery phase to determine the asbestos companies responsible for your illness or injuries. Asbestos defendants don't want to pay compensation for the harm they caused through their negligence, so they are likely to try to delay the process as long as possible. It is therefore important to find a mesothelioma lawyer with experience and an aggressive approach.
Asbestos-related victims are usually awarded significant financial compensation in settlements. A large portion of these settlements are made even before trial commences which can save both parties a great deal of time and stress.
Depending on your state laws and statutes of limitation, you have one to five years from the date of diagnosis or the discovery of mesothelioma in order to file a suit for financial compensation. If a loved one of yours has passed away from mesothelioma during the past three years and their spouses or heirs are able to file an action for compensation.
A mesothelioma lawsuit is filed to secure an appeal or an agreement prior to trial. The American legal system is generally sympathetic to asbestos manufacturers' victims, which is why most mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Certain mesothelioma settlements are made as soon as trial begins, while others are only available once lawyers have a clear understanding of the strength of each side's case. The median mesothelioma trial verdict is approximately $2 million, however the majority of claims settle for much less than that.
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. However, a lot of mesothelioma lawsuits settle out of the court. This is beneficial for victims because they are able to receive compensation much faster than would be the case when they had to go through an extensive trial and verdict process. Settlements do not require victims to file any appeals, which could drag on for a long time and delay the payment of compensation.
The first phase of a mesothelioma suit is gathering evidence and obtaining information. A lawyer will review a victim's work history to identify asbestos-related exposure and the companies responsible for their illness. Defendant lists are then created. There may be multiple defendants listed depending on the type of mesothelioma as well as the companies involved.
Asbestos defendants may not be keen to pay large settlements, and they might try a variety tactics 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 identifying these tactics and how to stop them.
A mesothelioma lawyer could also assist patients in reducing their legal process. A person who is terminally ill can file a priority motion in court to speed up the litigation process.
The statute of limitations is yet another aspect that influences mesothelioma's timeline. States have laws that restrict the time a person has to make a claim. The injured party and their family members must act quickly to prevent the statute of limitations from expiring.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining multidistrict litigation. MDLs can be used to group asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience with MDLs and can manage your case at a faster rate than if you file separately.
If the mesothelioma trial process is successful and a final verdict is reached, a decision can be reached within a matter of days after the trial phase. If the trial is complicated and leads to an incorrect verdict, it may take several months, or even up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without having to step foot in the courtroom. It is possible for asbestos victims and their lawyers to settle a matter prior to a trial. Settlements can take place after the initial offer has been made and the defendant has had a specific amount of time to respond or even after the trial.
In most cases, the settlement negotiation process involves a back and forth exchange of offers either by written correspondence or over the phone. This could take weeks, months or even years. During this phase, a knowledgeable mesothelioma lawyer can assist their client in obtaining the most lucrative compensation for their claim.
If the lawyer and the victim cannot reach an agreement during these talks the two parties can then move to mediation. This is when an outside party helps both sides come to a fair compensation amount. This can also take some time however, it is usually much shorter than waiting for a decision from juries.
New Haven mesothelioma lawyers hid the dangers of their products for a long time. In the end, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. The victims could be entitled to reimbursement for funeral expenses, medical costs, and lost wages.
Although every case is unique, the majority of mesothelioma cases end in a settlement. Asbestos companies prefer to settle rather than be at risk of a poor verdict at trial. Moreover, they know that it takes time to prepare the case for trial.
Asbestos victims and their attorneys can also speed up the process by filing lawsuits in the proper state and in the right jurisdiction. Some states, for example, have statutes that guarantee a court trial within one year. A mesothelioma lawyer with national recognition can help victims file in the jurisdiction that will allow them to receive the most compensation in the shortest amount of time. Additionally, certain states have laws that allow the statute of limitation to begin on a victim's diagnosis date, or when they passed away, not the date of their exposure. This is a great way to ensure the statute of limitations does not run out before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict may award compensation to the victims or their families. The verdict can also decide whether a defendant was responsible for a death or injury caused by asbestos.
The time it takes to reach a final verdict will differ from case to situation. The amount that is awarded, the strength of the evidence and the number of parties involved all influence the time it takes to resolve a mesothelioma case.
Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Lawyers can assist victims and families understand the complicated legal procedures and deadlines. Lawyers can also ensure that the statute of limitations does not expire before a victim receives compensation.
After determining the nature of mesothelioma lawsuit, the victims or their lawyers will start collecting all necessary documentation to support the claim. This includes mesothelioma-related diagnosis records and proof of exposure.
In the event of a case, there could be multiple liable asbestos companies or trust funds that will pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will examine the history of the person's asbestos exposure to determine which companies could be responsible. They will also look into which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit with.
Asbestos lawsuits are unique. The lawsuits are usually filed by large corporations who employ teams of defense lawyers to try and derail the claim of the victim. Experienced mesothelioma attorneys know how to defy these efforts and keep the lawsuit moving.
If a mesothelioma lawsuit is not filed within the timeframe the victim will be barred from receiving compensation. The statute of limitations varies between states and the time limit for personal injury and claims for wrongful deaths is different. If a victim, or a family member, has any concerns regarding the statute of limitation or the time limit for filing a claim, they should immediately seek out a mesothelioma attorney to discuss their options. A knowledgeable mesothelioma attorney will examine the case and decide where to file it to maximize their chance of a successful outcome.