Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from one state to another. The clock starts ticking from the date of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful death).
A skilled mesothelioma attorney understands the statutes of limitations in each state and how to speed up the process to get the compensation as fast as is possible. A faster resolution means compensation is available when the victims and their families are in need of it most.
The Discovery Phase
After filing your mesothelioma lawsuit, attorneys for both sides will enter the discovery phase. This is an important part of the legal process and can last for 3 to 4 month. During this time lawyers will go through all evidence submitted to build your mesothelioma claim and collect more details regarding asbestos exposure you've had in the past. Your attorney will also speak with you and any other witnesses involved in your mesothelioma claim. This could include both depositions in person or written. Our mesothelioma lawyers are experienced in this area of litigation and will help you prepare for these depositions.
A mesothelioma attorney will use the information gathered during the discovery phase to determine the asbestos-related companies accountable for your injury or illness. Asbestos defendants may try to delay the process in order to avoid paying compensation for damages caused due to their negligence. Therefore, it is essential to find a mesothelioma lawyer who has experience and a strong representation.
Asbestos-related victims are usually awarded significant financial compensation in settlements. A large portion of these settlements are made before trial commences which saves both parties a great deal of time and anxiety.
You are entitled to between one to five years, based on the state law or statutes of limitations, from the time you were diagnosed with mesothelioma. If Evansville mesothelioma lawyer loved one of yours has died from mesothelioma, spouses and heirs have three years to file a wrongful death claim for compensation on their behalf.
A mesothelioma suit is filed to secure an appeal or a settlement prior to trial. The American legal system is generally supportive of asbestos manufacturers' victims, which is why most mesothelioma cases end with a settlement rather than going to trial.
Certain mesothelioma settlements are offered as soon as litigation begins. Others are only available once lawyers have a clear understanding of the strength of each party's case. The mesothelioma average trial verdict is approximately $2 million, but the majority of claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between six months and a year to be resolved. A majority of mesothelioma cases settle outside of court. This is advantageous for the victims as they can receive compensation much quicker than would be the case in the event of a lengthy trial and verdict process. Settlements don't require victims to file appeals which could take years and delay payment.
The first phase of a mesothelioma case involves gathering evidence and details. A lawyer will review the history of a patient's employment to pinpoint asbestos-related exposure and the companies responsible for their illness. Then the list of defendants is compiled. Multiple defendants may be listed depending on the type of mesothelioma, as well as the corporate involved.
Asbestos defendants are not eager to settle large sums and may employ different strategies to avoid paying victims. For instance, they could attempt to refute medical records or hide evidence of asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and thwart them.
A mesothelioma attorney can also assist victims in reducing their legal process. Anyone who is ill can file a priority motion in court to speed up the litigation process.
The statute of limitations is another aspect that can affect the timeframe for mesothelioma. This is because each state has laws that limit the length of time that a person has to make a claim for injury. The time-limit for filing claims is expiring, which means victims and their families must act fast.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining a multidistrict litigation. MDLs can be used to group asbestos lawsuits to facilitate faster processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case much faster than if you filed separate lawsuits.
If the mesothelioma litigation process is smooth, a decision may be reached within days of the trial phase. If the trial is lengthy and leads to an incorrect verdict, it may take several months, or up to one year, for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without having to step foot in a courtroom. This is due to the fact that victims and their attorneys can settle a case before the trial. Settlements can take place after the initial offer has been made and the defendant has had a specific number of days to reply or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process, via written correspondence or over the phone. This could take weeks, months or even years. At this point an attorney for mesothelioma can help their client receive the highest amount of compensation for their claim.
If a mesothelioma sufferer and their attorney are unable to come to a settlement during the negotiation process, they could go to mediation, which is a third-party person who assists both parties to agree on a fair amount for compensation. It can take a while however, it is usually less time-consuming than waiting for a decision from juries.
For decades, asbestos manufacturers hid the dangers associated with their products. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with the deadly mesothelioma cancer. The victims could be entitled to compensation for medical expenses, funeral costs and lost wages.
Most mesothelioma cases are settled, even though each case is different. Asbestos firms would rather settle than risk losing a trial verdict. They also know that the preparation of a case for trial will take some time.
Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and jurisdiction. Some states, for example have laws that guarantee a court trial within a year. A mesothelioma lawyer who is nationally recognized can assist victims in filing their case in the state that will allow them to receive the highest amount of compensation within the shortest amount of time. Additionally, certain states have laws that allow the statute of limitation to start on a victim's diagnosis date, or when they died, rather than their exposure dates. This is an excellent way to ensure that the statute of limitations does not expire before patients receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict could be awarded compensation to the victims or their families. It may also determine whether the defendant is liable for a related asbestos-related injury or death.
The time needed to reach a final decision will differ from case to situation. The amount of money awarded as well as the strength of the evidence and the number of parties involved all influence the time it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Attorneys can help families and victims get a better understanding of the complex legal procedures and deadlines. A lawyer can ensure that a victim's claim is not denied compensation because the statute of limitations has expired.
After determining the mesothelioma case type is filed, victims or their attorneys will begin collecting all the necessary documents. This includes mesothelioma-related diagnosis documents and proof of exposure.
Based on the specific circumstances, there may be many asbestos trusts or companies that are responsible and will compensate a victim for their asbestos-related injuries. The lawyer will research the victim's exposure history and determine which companies are 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. They usually involve large corporations with teams of highly skilled defense attorneys paid substantial retainer fees to try and stop a victim's claim. Expert mesothelioma lawyers know how to defy these attempts and keep the lawsuit moving.
The victim is not entitled to compensation if a mesothelioma claim is not filed by the deadline. 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 a victim, or a family member has doubts about the statute of limitations and should seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer will review the case to determine where to file it to increase the chances of a successful outcome.