Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma varies from state to state. The clock begins to tick from the date the patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).
A skilled mesothelioma attorney understands the statutes of limitations in each state and can speed up the process to receive compensation as soon as is possible. Compensation is available to families of victims and the affected when they need it the most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys from both sides will begin the discovery phase. This is an essential phase of the legal process and typically takes anywhere from 3 to 4 months. During this time, lawyers examine the evidence provided to construct your mesothelioma claim and collect additional information regarding asbestos exposure you have had in the past. Your attorney will interview you and any witnesses involved in the mesothelioma trial. This could include written or in-person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will prepare you for these interviews.
A mesothelioma lawyer will utilize the information gathered during the discovery phase to identify the asbestos-related companies accountable for your injuries or illness. Asbestos defendants are not eager to pay compensation for the harm caused by their negligence, so they will likely attempt to delay the process as long as possible. Therefore, it is essential to hire a mesothelioma lawyer with experience and an aggressive approach.
Asbestos-related victims are usually awarded substantial financial compensation through settlements. A large portion of these settlements are made even before the trial is scheduled to take place which saves both parties a lot of time and stress.
Depending on the laws of your state and statutes of limitation depending on your state laws and statutes of limitations, you have up to five years from the time of diagnosis or discovery of your mesothelioma to file a lawsuit for financial compensation. If a 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 an agreement prior to trial. The American legal system is known to be sympathetic to asbestos producers' victims and that is the reason why the majority of mesothelioma cases result with settlements instead of going to court.
Certain settlement offers for mesothelioma are made as soon as the litigation commences, while other settlement offers are not made until attorneys are aware of the strengths and weaknesses of each party's claim. The median mesothelioma trial verdict is about $2 million, but the majority of claims settle for far less than that.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take months to a year to resolve. However, many mesothelioma claims are settled out of the court. This is advantageous for the victims because they can receive compensation much faster than would be the case when they had to go through an extensive trial and verdict process. Settlements do not also oblige victims to file appeals, which can linger on for years and cause delays to compensation payments.
The first phase of mesothelioma cases involves gathering evidence and data. A lawyer will review a victim's work history to pinpoint asbestos-related exposure and the companies responsible for their illness. Then a list of defendants is made. Based on a person's mesothelioma type and which corporations were involved, there could be several defendants listed in a single claim.
Asbestos defendants may not be eager to pay large settlements and they may try a variety of tactics to avoid paying victims. They may try to conceal evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal timeline. If a person is diagnosed as terminally sick, they may file a motion for priority in the courtroom to speed up the litigation process.
Jacksonville mesothelioma attorney of limitations is another aspect that can affect the timeframe for mesothelioma. This is due to states having laws that limit the length of time that a person has to file an injury claim. The time-limit for filing claims is running out, so victims and their families must act fast.
Mesothelioma lawyers can also speed up the legal process by submitting an application to join a mesothelioma multidistrict litigation (MDL). MDLs join similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs and can handle your case faster than if you file separate lawsuits.
If the mesothelioma litigation process is successful the final verdict could be reached within days of reaching the trial phase. If the trial is complex and results in an incorrect verdict, it may take up to a year, or up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families, receive compensation without the need for an in-courtroom. It is possible for victims and their lawyers to settle a case prior to 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.
In most cases the process of negotiating settlements involves a back and forth exchange of offers either by written correspondence or by phone. This could take months, weeks or even years. At this point mesothelioma lawyers can help their client receive the maximum compensation possible for their claim.
If a mesothelioma victim and their attorney cannot come to a settlement during these negotiations, they may proceed to mediation, which is a third-party person who helps both sides to agree on a fair amount of compensation. It can take a bit of time, but is usually much quicker than waiting for the verdict of a jury.
For decades, asbestos manufacturers concealed the dangers of their products. In the end, many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma disease. 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 every case is different. Asbestos firms would rather settle rather than risk a negative verdict at trial. They also understand that making a case ready for trial will take some time.
Asbestos-related lawsuits can be filed in the appropriate state and jurisdiction to accelerate the process. For instance, certain states have statutes of limitations that guarantee a trial within one year. A internationally recognized mesothelioma lawyer can assist victims in filing in the state that will award them the most compensation in the shortest time. In addition, some states have special laws that allow the statute of limitations to begin at the victim's diagnosis date, or when they died, instead of the date of their exposure. This is a great method to ensure that the statute of limitation does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict could provide compensation to victims or their families. It may also determine whether or not a defendant is accountable for a related asbestos-related injury or death.
The time it takes to reach a decision can differ from case situation. The amount of money awarded, the strength of the evidence, and number of parties all have an impact on how long it takes to settle mesothelioma cases.
Asbestos victims should seek out an experienced lawyer as soon as they can to safeguard their rights throughout the entire mesothelioma lawsuit process. Lawyers can assist families and victims to understand the complicated legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation because the statute of limitations has expired.
After determining which mesothelioma type of claim is filed, the victim or their lawyers will start collecting all the necessary documents. This includes mesothelioma diagnosis documents and proof of exposure.
Depending on the situation, there could be several asbestos companies that are liable or trust funds that pay a victim compensation for their asbestos-related harms. The lawyer will research the history of exposure and determine which companies are responsible. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to file a claim with.
Lawsuits involving asbestos are unique. They typically involve large companies with teams of experienced defense lawyers paid large retainer fees to try to hinder a claim of a victim. Expert mesothelioma lawyers know how to defy these tactics and keep the lawsuit going.
The victim isn't eligible for compensation if a mesothelioma lawsuit is not filed in time. The statute of limitations varies from one state to the next, 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 limitation and should consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer will look over the case to determine when to file it in order to maximize the chances of a successful result.