Mesothelioma Lawsuit Timeline Isn't As Difficult As You Think
Mesothelioma Lawsuit Timeline
The mesothelioma time limit varies from state to state. The clock begins to tick at the time that a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A mesothelioma lawyer who's skilled will be aware of the state statute of limitations and how best to expedite compensation to ensure that victims receive their settlement as soon as they can. A faster resolution means compensation comes when families and victims need it most.
The Discovery Phase
After a mesothelioma lawsuit is filed, attorneys from both sides will begin the discovery phase. This is an essential part of the legal process and typically lasts from 3-4 months. During this time, lawyers analyze the evidence submitted to build your mesothelioma case and gather additional information about asbestos exposure in your past. Your lawyer will conduct an interview with you, as well as any witnesses involved in the mesothelioma lawsuit. This may include written and in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer will use the information gathered in the discovery phase to identify the asbestos companies responsible for your injury or illness. Asbestos defendants may attempt to delay the process to avoid paying compensation for damage caused through their negligence. It is therefore crucial to find a mesothelioma lawyer with experience and aggressive representation.
Settlements are often used to compensate asbestos victims financially. These settlements are often completed prior to the trial, thereby saving both parties time and stress.
You have between one to five years, based on the state laws or statutes of limitations, from the date you were diagnosed with mesothelioma. If a loved one has passed away from mesothelioma in the past three years, their spouses or heirs are able to file an action for compensation.
The aim of a mesothelioma lawsuit is to reach an agreement before trial or the case in court. The American legal system is generally supportive of asbestos manufacturers' victims this is why the majority of mesothelioma lawsuits end in the form of a settlement instead of going to trial.
Some settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not announced until attorneys have a clear understanding of the strength and weakness of each side's claim. The median mesothelioma verdict is about $2 million, but most claims settle for far less than that.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit generally take months to a year to resolve. However, a lot of mesothelioma lawsuits settle out of the court. This is advantageous to the victims as they are able to receive compensation much faster than would be the case when they had to go through an extended trial and a lengthy verdict process. Settlements do not require victims to file appeals, which could drag on for a long time and delay compensation payments.
The initial phase of a mesothelioma suit is gathering information and evidence. A lawyer will go over the history of employment of the victim to determine asbestos exposure and the companies that are responsible for their condition. Defendant lists are then created. There may be multiple defendants listed depending on the type of mesothelioma and the corporations involved.
Asbestos defendants are not eager to pay out large settlements, and they may try a variety of tactics to avoid paying victims. They may try to conceal evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and strategies and how to stop them.
A mesothelioma attorney can also assist victims in reducing their legal process. If someone is terminally sick, they may make a motion for priority in the courtroom to speed up the litigation process.
The statute of limitation is another factor which affects the timeline for mesothelioma. This is due to states having laws that limit the amount of time it takes to file an injury claim. Victims and their loved ones must act fast to prevent the time limit from expiring.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining multidistrict litigation. MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs, and can take care of your case faster than if you file separate lawsuits.
If the mesothelioma lawsuit procedure goes smoothly and a final verdict is reached, a decision can be reached within a matter of days after completing the trial phase. However, if the trial is complicated and results in a wrong verdict, it could take several months or up to an entire year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without needing to go into a courtroom. This is due to the fact that victims and their lawyers are able to settle a case prior to a trial. Settlements can be made after the initial offer is made and the defendant is given a set number of days to respond or, in some cases, after the trial has begun.
Mesothelioma lawsuits typically involve a back and forth exchange of offers during the settlement negotiation process either through written correspondence or via phone. It can take months, weeks or even years. During this phase, a knowledgeable mesothelioma lawyer can assist their client in obtaining the highest possible amount of compensation for their claim.
If a mesothelioma patient and their attorney are unable to come to a settlement during the negotiations, they can proceed to mediation which is a third-party person who assists both parties agree on a fair compensation amount. It may take a while but is generally quicker than waiting for a verdict of a jury.
Asbestos manufacturers hid the dangers of their products for decades. As a result, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. The victims could be qualified for reimbursement for funeral expenses, medical costs, and lost wages.
While each case is unique, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also know that preparing a case for a trial can take a long time.
Asbestos victims and their attorneys can also accelerate the process by filing lawsuits in the proper state and in the right jurisdiction. For instance, some states have statutes of limitations that guarantee a trial within one year. A well-known mesothelioma law firm can help a victim file in the jurisdiction that will give them the highest amount of compensation in the shortest amount of time. Additionally, certain states have laws that allow the statute of limitations to start on a victim's diagnosis date or the date they died, rather than 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 lawsuit. The verdict can award compensation to the victims or their families. The verdict may also decide whether a defendant was responsible for a death or injury caused by asbestos.
The time required to reach a decision will differ from case to case. The amount that is awarded, the quality of evidence, and number of parties all have an impact on the time it takes to resolve a case of mesothelioma.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure that their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist victims and families learn about the complex legal processes and deadlines. A lawyer can help ensure that a victim's claim is not denied compensation due to the time limit has expired.
Once they have determined the type of mesothelioma lawsuit, the victims or their attorneys will start collecting all necessary documentation to support the claim. This includes mesothelioma-related diagnoses and evidence of exposure.
Depending on the case, there could be multiple liable asbestos companies or trust funds that compensate a victim for the asbestos-related injuries they sustained. The lawyer will research the victim's exposure history and determine which companies are responsible. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
The asbestos lawsuits are atypical. Burbank mesothelioma lawsuit are typically brought by large corporations that hire teams of defense attorneys to attempt to stop the claim of the victim. Expert mesothelioma lawyers know how to defy these attempts and keep the lawsuit going.
The victim will not be entitled to compensation if a mesothelioma claim is not filed by the deadline. The statute of limitation varies from one state to another, and for personal injury claims as well as the wrongful death of a person, it differs. If the victim, or family member has any concerns regarding the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer with experience will examine the case and determine where to file it in order to maximize the chance of a successful outcome.