Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from one state to another. The clock begins ticking off from the date of diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who is skilled will be aware of the statute of limitations in the state and how to speed up compensation to ensure that victims receive their settlement as soon as they can. 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 start the discovery phase. This is a crucial part of the legal process and typically lasts from 3-4 months. During this time, lawyers analyze the evidence submitted to create your mesothelioma case and gather additional information about asbestos exposure you have had in the past. Your attorney will also speak with witnesses, including you, involved in your mesothelioma claim. This may include depositions in person or written. district of columbia mesothelioma law firm are seasoned in this aspect of the litigation and will help you prepare for these depositions.
A knowledgeable mesothelioma lawyer will use the data gathered during the discovery phase to determine which asbestos companies are liable for your injuries and illness. Asbestos defendants aren't eager to pay compensation for the harm caused by their negligence, therefore they will likely try to stall the process as long as they can. Therefore, it is essential to find a mesothelioma lawyer who has experience and a strong representation.
Settlements are typically used to compensate asbestos victims financially. Settlements are usually made before the trial, which saves both parties time and stress.
Depending on the laws of your state and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the time of diagnosis or the discovery of your mesothelioma to file a lawsuit seeking financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs can have up to three years in which to submit a wrongful death claim for compensation on their behalf.
A mesothelioma suit is filed in order to secure an appeal or an agreement prior to trial. The American legal system is generally sympathetic to asbestos victims, which is why most mesothelioma lawsuits result in a settlement rather than going to trial.
Some mesothelioma settlement offers are made as soon as litigation begins. Others are only available once lawyers have a clear understanding of the strength of each case. The median verdict in a mesothelioma case is about $2 million. However, the majority of claims are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit typically take between a year and months to resolve. However, many mesothelioma cases settle out of the court. This is advantageous for the patients 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 don't require victims to make appeals, which can take years to resolve and could delay the payment.
The first phase of mesothelioma cases is to gather evidence and information. A lawyer will review a victim's work history to determine asbestos-related exposures and the companies that are responsible for their condition. 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 are not eager to pay out large settlements and may resort to different strategies to avoid paying victims. They may try to conceal evidence or conceal medical records related to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these strategies and stop them.
A mesothelioma attorney can also assist victims in reducing their legal timeframe. If someone is 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 which can affect the timeframe for mesothelioma. States have laws that restrict the time that a person has to file a claim. The time limit for filing a claim is dwindling, so the victims and their families need to take action quickly.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict litigation. MDLs are used to organize asbestos lawsuits to speed up the process. The Williams Law Firm has extensive experience with MDLs and can handle your case at a much quicker rate than if you filed an individual lawsuit.
If the mesothelioma litigation process goes smoothly, a verdict can be reached within days after the trial phase. If the trial is complicated and results in a wrongful verdict, it can take up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to go into a courtroom. This is because the victims and their lawyers are able to settle a case prior to the trial. Settlements can happen after the initial offer is made and the defendant is given a set number of days to decide or, in some cases, after a trial has begun.
In the majority of instances the settlement negotiation process involves an exchange of offers either by written correspondence or via phone. It can take months, weeks, or even years. During this time a mesothelioma lawyer who is skilled can help their client get the highest possible amount of compensation for their claim.
If a mesothelioma patient and their attorney cannot reach a settlement in these negotiations, they may proceed to mediation, which is a third-party person who assists both parties to agree on a fair amount for compensation. It may take some time, but it is often much shorter than waiting for a decision from a jury.
Asbestos manufacturers concealed the dangers of their products for years. In the end, many military veterans, workers and family members of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. They are eligible for compensation to cover medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases settle, even though each case is unique. Asbestos companies would rather settle than risk losing a trial verdict. They also understand that making a case ready for trial can take a long time.
Asbestos victims and their attorneys can also accelerate the process by filing lawsuits in the proper state and jurisdiction. For instance, some states have statutes of limitation that guarantee a trial within one year. A nationally recognized mesothelioma lawyer can assist patients in filing a claim in the state which will grant them the most compensation in the shortest period of time. Additionally, certain states have laws that permit the statute of limitations to begin on a victim's diagnosis date, or when they died, rather than their exposure dates. This is an excellent method to ensure that the statute of limitations does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict could provide compensation to victims or their families. It could also determine whether or not a defendant is accountable for a related asbestos-related injury or death.
The time required to reach a final decision can differ from case case. The amount that is awarded as well as the strength of the evidence and the number of parties involved all affect how long it will take to settle a mesothelioma matter.
Asbestos victims should seek out experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers will assist the families of victims to understand the complicated legal procedures and deadlines. A lawyer can help ensure that the claim of a victim is not denied compensation because the statute of limitations has run out.
After determining the type of mesothelioma suit, victims or their lawyers will begin collecting all necessary documentation for the claim. This includes mesothelioma diagnosis records and proof of exposure.
Based on the particular case, there may be multiple liable asbestos companies or trust funds that will compensate a victim for their asbestos-related injuries. The lawyer will examine the history of the person's asbestos exposure to determine which companies are liable. They will also investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit against.
Asbestos lawsuits are distinct. They usually involve large corporations with teams of highly skilled defense attorneys paid substantial retainer fees to try to derail a victim's claim. Expert mesothelioma lawyers know how to thwart these tactics and keep the lawsuit moving forward.
The victim will not be eligible for compensation if a mesothelioma claim is not filed by the deadline. The statute of limitations 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 any concerns regarding the statute of limitations, they should contact a mesothelioma law firm as soon as possible to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine where to file it in order to maximize their chance of a favorable outcome.