Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from one state to another. The clock begins ticking off from the date of the diagnosis (for personal injury claims) or death (for claims for wrongful death).
A mesothelioma lawyer that is experienced will understand the statute of limitations for the state and how to speed up compensation to ensure that victims receive their compensation as soon as possible. A quicker resolution means that compensation comes when families and victims require 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 time lawyers will look over all evidence that has been provided to help build your case for mesothelioma and collect more details regarding asbestos exposure you've experienced in the past. Your attorney will interview you as well as any witnesses involved in the mesothelioma case. This could include written or in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interview sessions.
A mesothelioma attorney will use the information gathered during the discovery phase to determine the asbestos companies that are responsible for your injuries or illness. Asbestos defendants attempt to delay the process so that they can avoid paying compensation for damages caused through their negligence. This is why it is important to retain mesothelioma attorneys who have skilled and aggressive legal representation.
Asbestos victims are typically awarded substantial financial compensation via settlements. A large portion of these settlements are paid out before trial commences, which saves both parties a lot of time and anxiety.
Depending on your state laws and statutes of limitations, 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 died from mesothelioma within the past three years, their spouses or heirs may submit an application for compensation.
The aim of a mesothelioma lawsuit is to negotiate an early settlement or an award in the court. The American legal system is generally sympathetic to the victims of asbestos manufacturers, which is why most mesothelioma lawsuits end in the form of a settlement instead of going to trial.
Certain mesothelioma settlements are made as soon as litigation begins. Others are only available once lawyers have a strong understanding of the strength of each party's case. The median mesothelioma verdict is about $2 million, but most claims settle for much less than that amount.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit typically take between a year and months to resolve. A majority of mesothelioma cases settle without a court hearing. It is beneficial for the victims to receive compensation faster than those who had to endure a lengthy verdict and trial process. Settlements do not also require victims to file appeals, which can linger on for years and delay compensation payments.
The initial phase of a mesothelioma lawsuit involves gathering evidence and information. Lawyers will examine the work history of a victim to pinpoint asbestos-related exposure and the companies that are responsible for their illness. Defendant lists are then created. Based on the mesothelioma diagnosis and the type of company that were involved, there could be multiple defendants in a single claim.
Asbestos defendants don't want to settle large sums, and they may try a variety of tactics to avoid paying victims. They might try to hide evidence or conceal medical records relating to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these tactics and deter them.
A mesothelioma lawyer can help a victim shorten their legal timeline. Anyone who is sick can file a priority motion in the court to speed up the process of litigation.
The statute of limitation is another aspect that can affect the timeframe for mesothelioma. States have laws that restrict the time an individual has to file a claim. The statute of limitations is expiring, which means victims and their families have to be quick to act.
Lawyers who specialize in mesothelioma could also accelerate the legal process by joining multidistrict litigation. MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm has extensive experience with MDLs and can manage your case at a much quicker rate than if you filed separately.
If Escondido mesothelioma attorneys is successful, a verdict may be reached within days after the trial phase. If the trial is complex and results in an incorrect verdict, it could take up to a year, or up to one year for victims to get compensation.
Settlement Negotiations
Many asbestos victims, and their families, are compensated without having to enter an in-courtroom. It is possible for victims and their attorneys to settle a matter prior to trial. Settlements can be made after the initial offer is made and the defendant is given a number of days to make a response or, in some cases, after the trial has begun.
Mesothelioma lawsuits usually involve a back-andforth exchange of offers during the settlement negotiation process, via written correspondence or over the phone. This could take months, weeks, or even years. During this stage mesothelioma lawyers can assist their client in receiving the most compensation they can for their claim.
If a mesothelioma sufferer and their attorney are unable to reach a settlement during the negotiation process, they could go to mediation, which is a third-party person who helps both sides to agree on a fair compensation amount. It may take a while however, it is generally quicker than waiting for a verdict of the jury.
For decades, asbestos manufacturers hid the dangers associated with their products. Many workers, veterans, and relatives of asbestos-exposed people have been diagnosed with mesothelioma. It is the most deadly form of cancer. These victims are eligible for compensation to cover funeral costs, medical bills and lost wages.
The majority of mesothelioma cases settle, even though every case is different. Asbestos companies would rather settle rather than risk losing a verdict in court. Moreover, they know that it will take a long time to prepare a case for trial.
Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. For instance, certain states have statutes of limitation that allow for a trial to be held within one year. A nationally recognized mesothelioma lawyer can help victims file in the state where they can receive the highest amount of compensation within the shortest time. In addition, some states have special laws that permit the statute of limitations to start on a victim's diagnosis date, or when they died, instead of 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 lawsuit. The verdict may provide compensation to the victims or their loved ones. It could also determine whether the defendant is accountable for an asbestos-related injury or death.
The length of time required to reach a final verdict will vary from case to. The amount of money awarded, the strength of the evidence, and number of parties all influence how long it takes to resolve mesothelioma cases.
Asbestos victims should hire experienced lawyers as soon as possible to ensure that their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist victims and families get a better understanding of the complex legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation because the time limit has expired.
Once they have determined the type of mesothelioma suit, victims or their attorneys will start collecting all necessary documentation to support the claim. This includes mesothelioma-related diagnoses and evidence of exposure.
In the event of a situation, there could be multiple liable asbestos companies or trust funds that pay a victim compensation for their asbestos-related injuries. The lawyer will look into the history of exposure and determine which companies are liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to file a claim with.
Asbestos lawsuits are unique. They usually involve large corporations with teams of highly skilled defense lawyers paid large retainer fees to try and hinder a claim of a victim. Experienced mesothelioma attorneys know how to thwart these attempts and keep the lawsuit moving.
If a mesothelioma lawsuit is not filed in time the victim will be denied from receiving compensation. The statute of limitation differs from 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 doubts regarding the statute of limitations, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer will review the case to determine where to file it in order to maximize the chance of a successful result.