Mesothelioma Lawsuit Timeline: It's Not As Expensive As You Think
Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different between states. The clock starts ticking from the date of the diagnosis (for personal injury claims) or death (for claims for wrongful death).
A knowledgeable mesothelioma lawyer is aware of the limitations of state law and how to expedite the process to get compensation as quickly as possible. A quicker resolution means that compensation comes when families and victims require it the most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will go through the discovery phase. This is a crucial aspect of the legal procedure and can last from 3-4 month. During this period lawyers will go through all evidence presented to establish your mesothelioma case and gather more information about the asbestos exposure you've experienced in the past. Your lawyer will also question witnesses, including you, involved in the mesothelioma lawsuit. This could include both written and in person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interview sessions.
A mesothelioma lawyer who is skilled will use the data that is gathered during the discovery process to determine which asbestos-related companies are liable for your injuries and illness. Asbestos defendants may try to delay the process so that they can avoid paying compensation for damages caused through their negligence. This is why it's essential to hire mesothelioma lawyers who provide experienced and aggressive legal representation.
Settlements are usually used to pay compensation to asbestos victims financially. Settlements are typically done prior to trial, saving both parties from stress and time.
You are entitled to between one and five years, depending on the state laws or statutes of limitation, from the date you were diagnosed with mesothelioma. If a loved-one has died from mesothelioma within the past three years, their spouses or heirs can file an application for compensation.
A mesothelioma suit is filed in order to secure the verdict of a judge or to reach a settlement before trial. The American legal system tends to be sympathetic to victims of asbestos producers and that is the reason why the majority of mesothelioma lawsuits end with settlements instead of going to court.
Some mesothelioma settlement offers are made as soon as the trial begins, while others are only offered once attorneys have a strong understanding of the strength of each case. The median verdict in mesothelioma cases is around $2 million. However, most claims are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit usually take between a year and months to resolve. Many mesothelioma cases are settled outside of court. This is beneficial for victims as it allows them to receive compensation faster than would be the case in the event of a lengthy trial and verdict process. Settlements do not require that victims make appeals, which can take years to resolve and could delay the payment.
The first step in mesothelioma cases involves gathering evidence and information. A lawyer will look over the employee's history to determine asbestos exposure as well as companies responsible for their illness. The defendant lists are then compiled. Multiple defendants can be listed depending on the type of mesothelioma and the corporations involved.
Asbestos defendants don't want to settle large sums and may resort to different strategies to avoid paying victims. Roswell mesothelioma lawsuits might try to hide evidence or conceal medical records relating 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 timeframe. A person who is terminally sick can file a prior motion in the court to speed up the litigation process.
The statute of limitations is another aspect that influences the mesothelioma timeline. States have laws that restrict how long an individual must make a claim. The injured party and their family members must act swiftly to stop the statute of limitations from running out.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining a multidistrict lawsuit. MDLs can be 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 had filed separate lawsuits.
If the mesothelioma litigation process goes smoothly, a verdict may be reached within days after the trial phase. If the trial is complicated and results in a wrong verdict, it could take up to a year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims, as well as their families, get compensation without the need for an in-courtroom. This is because victims and their lawyers are able to settle a case prior to the trial. Settlements can occur after the initial offer is made and the defendant is given a set number of days to make a response, or even after a trial has started.
In the majority of cases the process of negotiating settlements involves a back and forth exchange of offers either by written correspondence or via phone. This process can take several weeks or months, or even years. During this time, a knowledgeable mesothelioma lawyer can assist their client in obtaining 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 these talks the two parties can then move to mediation. This is where an outside party helps both sides to come up with a fair compensation amount. It can take a while however, it is usually much shorter than waiting for a decision from a jury.
For decades, asbestos manufacturers concealed the dangers of their products. Many veterans, workers, and family members of asbestos-exposed individuals have been diagnosed with mesothelioma, a deadly cancer. These victims are eligible for compensation to pay for medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases are settled, even though each case is unique. Asbestos companies prefer to settle rather than risk a negative verdict in court. They also know that the preparation of a case for 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. Some states, for example have laws which guarantee a trial within a year. A well-known mesothelioma law firm can assist victims in filing in the state that will give them the highest amount of compensation in the shortest amount of time. Some states have laws that allow the statute of limitation to begin on a victim’s diagnosis date or their death, instead of the date of their exposure. This is a great way to ensure the statute of limitation does not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma trial will conclude with a verdict or settlement. The verdict could be awarded compensation to the victims or their families. The verdict may also decide whether a defendant is liable for the death or injury caused by asbestos.
The time required to reach a final verdict can differ from case the case. The amount of money awarded and the strength of evidence and the number of parties involved all affect how long it will take to resolve a mesothelioma case.
Asbestos victims should seek out an experienced lawyer as soon as they can in order to ensure their rights throughout the entire mesothelioma litigation process. Lawyers can assist victims and their families understand the complexities of legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations does not expire before a victim receives compensation.
After determining the type of mesothelioma lawsuit, victims or their lawyers will start gathering all the necessary documents for the claim. This includes mesothelioma-related diagnosis records and proof of exposure.
Based on the circumstances, there could be many asbestos trusts or companies that are liable and will compensate the victim for their asbestos-related injuries. The lawyer will look into the victim's history of asbestos exposure to determine which corporations may be liable. 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. The lawsuits are usually brought by large corporations that employ defense teams to attempt to stop the claim of the victim. Expert mesothelioma lawyers are able to stop these attempts and keep the case moving forward.
The victim will not be entitled to compensation if a mesothelioma suit is not filed by the deadline. The statute of limitation differs from state to the next and, for personal injury claims and wrongful deaths, it's different. If a victim, or a family member has questions regarding the statute of limitations, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer will look over the case and determine the best way to file it to maximize the chances of a successful outcome.