Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation is different from state to state. The clock begins ticking off from the date of diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A skilled mesothelioma attorney understands the statutes of limitations in each state and how to expedite the process of obtaining compensation as soon as is possible. Compensation is available to victims and their families when they require it most.
The Discovery Phase
After a mesothelioma lawsuit is filed, attorneys on both sides will commence the discovery phase. This is an essential phase of the legal process, and usually takes anywhere from 3 to 4 months. During this time, lawyers will analyze the evidence submitted to create your mesothelioma case and gather additional information about asbestos exposure in the past. Your attorney will also interview witnesses, including you, 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 lawyer will utilize the information gathered during the discovery phase to determine the asbestos companies accountable for your injury or illness. Asbestos defendants don't want to compensate you for the harm they caused through their negligence, and will likely attempt to delay the process as long as possible. This is why it is essential to hire a mesothelioma law firm with experienced and aggressive legal representation.
Settlements are usually used to pay compensation to asbestos victims financially. Settlements are usually made before the trial, which saves both parties time and stress.
You have between one and five years, depending on the state law or statutes of limitation, from the time you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma, spouses and heirs have three years to submit a wrongful death claim for compensation on their behalf.
The goal of a mesothelioma suit is to reach an agreement before trial or a verdict in the court. The American legal system is generally sympathetic to asbestos manufacturers' victims, which is why most mesothelioma cases end with an agreement rather than going to trial.
Certain mesothelioma settlements are made as soon as the litigation begins. Others are only made available after lawyers are aware of the strength of each case. The median mesothelioma trial verdict is about $2 million, but the majority of claims settle for far less than that amount.
The Trial Phase
Cases of mesothelioma that reach the trial phase of a lawsuit typically take between six months and a year to settle. A majority of mesothelioma cases settle without a court hearing. This is beneficial for victims because they are able to receive compensation much quicker than would be the case if they went through a lengthy trial and verdict process. Settlements do not require victims to file any appeals, which can linger on for years and cause delays to the payment of compensation.
The initial stage of a mesothelioma suit is gathering information and evidence. A lawyer will review the victim's employment history to determine the extent of asbestos exposure and the companies that are responsible for their condition. Then a list of defendants is compiled. Based on the 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 strategies to avoid paying victims. They may attempt to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers have experience in identifying these tactics and how to defeat them.
A mesothelioma attorney can also assist victims in reducing their legal timeframe. If a person is diagnosed as terminally sick, they may file a motion for priority in court to speed up the legal process.
The statute of limitations is another factor that affects mesothelioma's timeline. This is because states have laws that limit the amount of time it takes to make a claim for injury. The time limit for filing a claim is running out, so the victims and their families need to be quick to act.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining multidistrict litigation. MDLs group similar asbestos lawsuits to ensure faster processing. The Williams Law Firm has extensive experience handling MDLs and can manage your case at a much quicker rate than if you had filed an individual lawsuit.
If the mesothelioma lawsuit procedure goes smoothly, a verdict can be reached within days of the trial phase. However, if the trial is complex and results in a wrong verdict, it could take 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 the courtroom. It is possible for the victims and their lawyers to settle a matter before a trial. Settlements can take place after the initial offer has been made and the defendant has been given a certain number of days to reply or even after the trial.
Mesothelioma lawsuits typically involve a back-andforth exchange of offers during the settlement negotiation process, whether in writing or via phone. This could take months, weeks, or even years. At this point mesothelioma lawyers can help their client get the most compensation they can for their claim.
If a mesothelioma patient and their attorney are unable to reach a settlement during the negotiations, they can proceed to mediation, which is a third-party person who helps both sides reach an agreement on a fair amount for compensation. It may take a while, but is usually much quicker than waiting for the verdict of a jury.
For decades, asbestos manufacturers concealed the dangers of their products. Many veterans, workers, and family members of asbestos-exposed persons have been diagnosed with mesothelioma. This is which is a deadly cancer. The victims could be eligible for compensation for medical expenses, funeral costs and lost wages.
While each case is different, the majority of mesothelioma claims end in the form of a settlement. Asbestos companies prefer to settle rather than be at risk of a poor verdict at trial. They also understand that making a case ready for trial will take some time.
Asbestos victims and their attorneys can also accelerate the process by filing an action in the correct state and jurisdiction. For instance, some states have statutes of limitations which guarantee a trial within one year. A internationally recognized mesothelioma lawyer can assist victims in filing in the jurisdiction that can provide them with the highest compensation in the shortest amount of time. Certain states have laws that allow for the statute of limitation to start on a victim's diagnosis date or their death date, rather than the date of their exposure. This is a great way to ensure the statute of limitations will not expire before the victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict could provide compensation to victims or their families. The verdict may also decide whether a defendant is liable for the death or injury caused by asbestos.
The time it takes to reach a final verdict can differ from case case. The amount that is awarded and the strength of evidence and the number of parties involved all affect the time it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Attorneys will help the families of victims to understand the complicated legal procedures and deadlines. Lawyers can also ensure that the statute of limitations doesn't expire before a victim receives compensation.
After determining which mesothelioma type of claim is filed, victims or their lawyers will begin gathering all the required documentation. This includes mesothelioma-related diagnoses and evidence of exposure.
Depending on the circumstances, there may be various asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will investigate the history of the person's asbestos exposure to determine which companies could be responsible. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Phoenix mesothelioma lawyers are atypical. They usually involve large corporations with teams of highly skilled defense lawyers paid large retainer fees to try and derail a victim's claim. Experienced mesothelioma attorneys know how to defy these tactics and keep the lawsuit going.
The victim isn't entitled to compensation if a mesothelioma claim is not filed in time. The statute of limitation differs from one state to another, and for personal injury claims and wrongful deaths, it's different. If a victim or a family member has questions regarding the statute of limitations and the time limit, they should contact a mesothelioma lawyer firm immediately to discuss their options. A skilled mesothelioma attorney will examine the case and decide where to file it in order to maximize their chance of a favorable outcome.