Mesothelioma Lawsuit Timeline
The time limit for mesothelioma differs from one state to another. The clock begins ticking off at the time of a patient's diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer that is knowledgeable will know the statute of limitations in the state and the best way to speed up compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to victims and their families 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 usually lasts from 3-4 months. During this period lawyers will look over the evidence submitted to build your case for mesothelioma and collect more details about the asbestos exposure you've experienced in the past. Your attorney will also speak with witnesses, including you, who are involved in your mesothelioma case. This could include written and in-person depositions. Our mesothelioma lawyers are experienced 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 that are responsible for your illness or injuries. Asbestos defendants try to delay the process so that they can avoid paying compensation for the damages caused by their negligence. Therefore, it is essential to find a mesothelioma lawyer with experience and aggressive representation.
Settlements are typically used to pay compensation to asbestos victims financially. These settlements are often made before the trial, which saves both parties time and stress.
You have between one and five years, based on the state laws or statutes of limitation, starting from the day you were diagnosed with mesothelioma. If a loved-one has passed away from mesothelioma during the past three years their spouses or heirs may make an application for compensation.
A mesothelioma case is filed to secure an appeal or a settlement prior to trial. The American legal system is known to be tolerant of the asbestos victims which is why the majority of mesothelioma cases result in settlements, rather than going to court.
Some mesothelioma settlement offers are offered as soon as litigation begins. Others are only offered once attorneys have a strong understanding of the strength of each party's case. The mesothelioma average trial verdict is around $2 million, but the majority of claims settle for much less than that.
The Trial Phase
Cases of mesothelioma that reach the trial phase of a lawsuit typically take between six months and a full year to be resolved. However, a lot of mesothelioma lawsuits end up in court. It is beneficial for victims to receive compensation faster than the case if they had to go through a long trial and verdict process. Settlements do not require victims file appeals which can take years and delay the payment.
The initial phase of a mesothelioma case involves gathering evidence and details. A lawyer will go over the victim's employment history to determine the extent of asbestos exposure and the companies responsible for their disease. Then the list of defendants is created. Based on the mesothelioma type as well as the companies that were involved, there may be multiple defendants listed in a single claim.
Asbestos defendants may not be eager to pay large settlements and they may try a variety of ways to avoid paying victims. For instance, they may attempt to defy medical records or hide evidence related to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and how to defeat them.
A mesothelioma lawyer may also help victims shorten their legal timeline. If a person is diagnosed as terminally sick, they may make a motion for priority in court to speed up the legal process.
The statute of limitations is another factor that can affect mesothelioma's timeline. This is because states have laws that limit the length of time that a person has to make a claim for compensation. The time limit for filing a claim is expiring, which means the victims and their families need to act fast.
Mesothelioma lawyers can also expedite the legal process by making a request to join a mesothelioma multidistrict litigation (MDL). MDLs can be used to group asbestos lawsuits to facilitate faster processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a much quicker rate than if you file a separate lawsuit.
If spokane valley mesothelioma attorneys goes smoothly, a verdict is reached within a few days after the trial phase. However, if the trial is lengthy and leads to a wrongful verdict, it can take several months or up to a year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to go into the courtroom. This is because the victims and their attorneys can settle a case prior to a trial. Settlements can be made after the initial offer has been made and the defendant is given a number of days to respond, or even after a trial has started.
Mesothelioma lawsuits usually involve a back-andforth exchange of offers during the settlement negotiation process either through written correspondence or over the phone. This can take months, weeks, or even years. During this stage, a mesothelioma attorney can help their client receive the most compensation they can for their claim.
If a mesothelioma sufferer and their attorney are unable to reach a settlement in the negotiation process, they could move to mediation which is a third party person who assists both parties to agree on a fair amount for compensation. It may take a while however, it is usually less time-consuming than waiting for a decision from the jury.
Asbestos producers hid the dangers of their products for years. In the end, many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with a deadly mesothelioma disease. The victims can claim compensation to cover funeral costs, medical bills and lost wages.
Each case is different, the majority of mesothelioma claims end in an agreement. Asbestos companies prefer to settle than risk a negative verdict in court. Moreover, they know that it will take a long time to prepare a case for trial.
Asbestos victims and their attorneys can also speed up the process by filing an action in the correct state and in the right jurisdiction. For instance, certain states have statutes of limitation that guarantee a trial within one year. A well-known mesothelioma law firm can assist a victim in filing in the state that will award them the most compensation in the shortest amount of time. Some states have laws that permit the statute of limitation to begin on a victim’s diagnosis date or their death date, not their exposure dates. This is an excellent way to ensure the statute of limitations will not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma trial will conclude with a final verdict or settlement. The verdict may be awarded compensation to victims or their families. It could also determine whether the defendant is responsible for an asbestos-related injury, or death.
The time it takes to reach a decision will differ from case to case. The amount of money awarded, the quality of evidence, and number of parties all influence the time it takes to resolve mesothelioma cases.
Asbestos victims need to hire an experienced lawyer as soon as they can in order to safeguard their rights throughout the entire mesothelioma litigation process. Attorneys can help families and victims get a better understanding of the complex 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 collecting all the documentation required for the claim. This includes mesothelioma diagnose records and proof of exposure.
Depending on the circumstances, there may be various asbestos trusts or companies that are responsible and will compensate a victim for their asbestos-related injuries. The lawyer will research the history of exposure to asbestos and determine which corporations are responsible. They will also investigate which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit.
Asbestos lawsuits are atypical. They are typically brought by large companies who hire teams of defense attorneys to try to thwart the victim's claim. Mesothelioma lawyers who are experienced know how to thwart these attempts and keep the lawsuit moving forward.
The victim is not able to receive compensation if a mesothelioma suit is not filed by the deadline. The statute of limitation varies from one state to the next and also for personal injury claims and wrongful deaths, it's different. If the victim, or family member has questions regarding the statute of limitation or the time limit for filing a claim, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer with experience will examine the case and determine when to file it to maximize their chance of a favorable outcome.