Mesothelioma Lawsuit Timeline
The time limit for mesothelioma differs from one state to another. The clock begins to tick from the date the patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands the limitations of state law and how to expedite the process to receive the compensation as fast as is possible. Compensation is available to families of victims and the affected when they require it most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will go through the discovery phase. This is an essential phase of the legal process and often takes anywhere from 3 to 4 months. During this time lawyers will look over all evidence that has been submitted to build your mesothelioma claim and collect more details about the asbestos exposure you've experienced in the past. Your lawyer will also question you and any other witnesses who are involved in your mesothelioma case. This could include both written and in person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will prepare you for these depositions.
A skilled mesothelioma lawyer will use the data gathered during the discovery phase to determine which asbestos-related companies are liable for your injuries and illness. Asbestos defendants aren't eager to pay compensation for the damage caused by their negligence, therefore they will likely try to stall the process as much as possible. It is therefore important to hire a mesothelioma lawyer with experience and an aggressive approach.
Asbestos-related victims are usually awarded substantial financial compensation through settlements. A lot of these settlements are made before the trial is scheduled to take place which saves both parties a significant amount of time and stress.
Based on the laws of your state and statutes of limitation, you have one to five years from the date of diagnosis or discovery of mesothelioma in order to file a lawsuit for financial compensation. If a loved one of yours has passed away from mesothelioma in the last three years and their spouses or heirs can submit a claim for compensation.
A mesothelioma case is filed to win a court verdict or reach a settlement prior to trial. Columbus mesothelioma lawyer tends to be sympathetic to asbestos victims which is why the majority of mesothelioma lawsuits end in settlements rather than going to court.
Certain settlement offers for mesothelioma settlements are made as soon as the litigation starts, while others are not offered until lawyers have a good understanding of the strength and weakness of each party's claim. The mesothelioma average trial verdict is about $2 million, however the majority of claims settle for much less than that amount.
The Trial Phase
Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a year to settle. However, many mesothelioma cases end up in the court. This is advantageous to the victims because they can receive compensation much faster than if they went through an extensive trial and verdict process. Settlements don't require victims to to file appeals that can take years to resolve and could delay the payment.
The initial phase of a mesothelioma suit is gathering evidence and obtaining information. Lawyers will examine a victim's work history to pinpoint asbestos-related exposure and the companies responsible for their disease. Then, a list of defendants is created. Depending on a person's mesothelioma type as well as the companies that were involved, there may be multiple defendants listed in one claim.
Asbestos defendants might not be keen to settle large sums of money and they might try a variety tactics to avoid paying victims. For instance, they could attempt to defy medical records or hide evidence related to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and strategies and how to defeat them.
A mesothelioma lawyer could also assist patients 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.
The statute of limitations is another factor that affects the timeline for mesothelioma. This is because states have laws that limit the length of time that a person has to make a claim for compensation. Victims and their loved ones must act quickly to prevent the statute of limitations from expiring.
Mesothelioma lawyers can also speed up the legal process by submitting a request to join a mesothelioma multipledistrict litigation (MDL). MDLs bring similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case much faster than if you had filed separate lawsuits.
If the mesothelioma litigation process goes smoothly, a verdict is reached within a few days of the trial phase. If the trial is complicated and results in 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 needing to go into a courtroom. It is possible for victims and their lawyers to settle a matter before a trial. Settlements can be made after the initial offer has been made and the defendant is given a number of days to make a response or after the trial has begun.
In most cases the settlement negotiation process involves a back and forth exchange of offers either via written correspondence or over the phone. The process can last for weeks, months, or even years. In this stage mesothelioma lawyers can help their client receive the maximum compensation possible for their claim.
If the victim and their lawyer are unable to reach an agreement during these negotiations and they are unable to reach an agreement, they can move to mediation. This is where a third party can help both sides come up with an acceptable amount of compensation. It may take time however, it is usually much shorter than waiting for a verdict from juries.
Asbestos manufacturers hid the dangers of their products for years. This is why many military veterans, workers and relatives of those who were exposed to asbestos have been diagnosed with a deadly mesothelioma cancer. These people may be eligible for compensation for funeral expenses, medical costs, and lost wages.
Although every case is different, the majority of mesothelioma cases end in a settlement. Asbestos companies prefer to settle than risk a negative verdict in court. They also know that it will take a long time to prepare an argument for trial.
Asbestos-related lawsuits may be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. For example, some states have statutes of limitations that guarantee a trial within one year. A mesothelioma lawyer with national recognition can help victims file in the state that will allow them to receive the highest amount of compensation within the shortest amount of time. Additionally, certain states have special laws that permit the statute of limitations to begin on a victim's diagnosis date, or when they died, rather than the date of their exposure. This is an excellent way to make sure that the statute of limitations does not run out before victims receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma lawsuit. The verdict may award compensation to the victims or their families. It will also decide whether or not a defendant is liable for a related asbestos-related injury or death.
The time needed to reach a decision can vary from case to situation. The amount of money awarded, the quality of evidence, and the number of parties influence the time it takes to decide on a case of mesothelioma.
Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Lawyers can assist families and victims to learn about the complex legal processes and deadlines. A lawyer can help ensure that a claim is not denied compensation due to the statute of limitations has expired.
After determining the nature of mesothelioma suit, victims or their lawyers will start gathering all the necessary documents for the claim. This includes mesothelioma-related diagnoses and proof of exposure.
Depending on the circumstances, there could be various asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will look into the victim's exposure history and determine which companies are liable. They will also determine which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Asbestos-related lawsuits are not common. They usually involve large corporations with teams of skilled defense attorneys paid substantial retainer fees to try to derail a victim's claim. Experienced mesothelioma lawyers know how to stop these efforts and keep the case moving forward.
If a mesothelioma claim is not filed by the deadline, the victim will be denied from receiving compensation. The statute of limitations differs between states and the statute of limitations for personal injury and claims for wrongful death is different. If the victim, or family member, has any concerns regarding the statute of limitations and should consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer can review the case to determine where to file it to maximize the chance of a successful result.