Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different between states. The clock starts ticking from the date the patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death).
A mesothelioma lawyer who is skilled and knowledgeable knows state statutes of limitations and can speed up the process to receive compensation as quickly as possible. Compensation is available to victims and their families when they require it most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will enter the discovery phase. This is an important part of the legal process and can last from 3-4 month. During this time, lawyers analyze the evidence submitted to create your mesothelioma lawsuit and gather additional information regarding asbestos exposure in the past. Your attorney will also speak with you and any witnesses involved in the mesothelioma lawsuit. Somerville mesothelioma attorneys may include written and in-person depositions. Our mesothelioma lawyers have experience 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-related companies accountable for your injuries or illness. Asbestos defendants aren't eager to pay compensation for the damage caused by their negligence, and are likely to try to delay the process as much as they can. This is why it is important to retain mesothelioma lawyers who provide experienced and aggressive legal representation.
Asbestos victims are typically awarded substantial financial compensation through settlements. Settlements are usually done prior to trial, which saves both parties time and stress.
Based on the laws of your state and statutes of limitations, you have one to five years from the time of diagnosis or discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If a loved-one has passed away from mesothelioma during the last three years, their spouses or heirs are able to make an application for compensation.
The purpose of a mesothelioma lawsuit is to reach an early settlement or a verdict in the court. The American legal system is generally supportive of asbestos victims this is why the majority of mesothelioma lawsuits end in a settlement rather than going to trial.
Some mesothelioma settlement offers are made as soon as litigation begins and others are only made available after lawyers have a strong understanding of the strength of each party's case. The median verdict in mesothelioma cases is around $2 million. However, the majority of claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between a year and months to resolve. However, a lot of mesothelioma lawsuits end up in court. It is beneficial for victims to receive compensation faster than those who had to endure a lengthy trial and verdict. Settlements don't require victims to make appeals, which can take years to resolve and could delay payment.
The initial phase of a mesothelioma lawsuit is gathering evidence and information. A lawyer will look over the employee's history to determine the extent of asbestos exposure and the companies that are responsible for their condition. Defendant lists are created. Multiple defendants can be listed based on the type of mesothelioma as well as the companies involved.
Asbestos defendants may not be eager to pay large settlements, and they may try a variety of ways to avoid paying victims. They may try to conceal evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal process. Someone who is terminally ill can file a priority motion in court to accelerate the process of litigation.
The statute of limitations is another factor that can affect the mesothelioma timeline. States have laws that restrict how long a person has to file a claim. The victims and their families must act quickly to prevent the statute of limitations from running out.
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 handling MDLs and can manage your case at a much quicker rate than if you had filed a separate lawsuit.
If the mesothelioma litigation process goes well the final verdict could be obtained within days after completing the trial phase. If the trial is complicated and results in an unjust verdict, it could take several months, or even up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families receive compensation without the need to go through a courtroom. It is possible for the victims and their lawyers to settle a case prior to trial. Settlements can be made after the initial offer has been made and the defendant is given a certain number of days to make a response or after a trial has begun.
In most cases the process of negotiating settlements involves an exchange of offers either via written correspondence or via phone. This process can take several weeks or months, or even years. In this stage mesothelioma lawyers can help their client receive the highest amount of compensation for their claim.
If the lawyer and the victim are unable to come to an agreement during these talks the two parties can then move to mediation. This is where an outside party helps both sides come to a fair compensation amount. This can also take some time but is typically much shorter than waiting for a verdict from juries.
For a long time, asbestos producers kept a secret about the dangers that came with their products. In the end, many workers, military veterans and family members of those exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. These victims are eligible for compensation to pay for medical bills, funeral expenses and lost wages.
Most mesothelioma cases are settled, even though each case is unique. Asbestos companies prefer to settle than risk a bad verdict at trial. Furthermore, they are aware that it takes time to prepare a case for trial.
Asbestos-related lawsuits may be filed in the proper state and in the appropriate jurisdiction to accelerate the process. For instance, certain states have statutes of limitations that allow for a trial to be held within one year. A nationally recognized mesothelioma law firm can help a victim file in the jurisdiction that will award them the most compensation in the shortest time. Certain states have laws that allow for the statute of limitation to begin on a victim’s diagnosis date or death, instead of the date of their exposure. This is a great way to ensure that the statute of limitations does not expire before patients receive mesothelioma compensation.
Final Verdict
The mesothelioma case will end with a final verdict or settlement. The verdict may award compensation to the victims or their families. It could also determine whether or not a defendant is accountable for an asbestos-related injury or death.
The amount of time it takes to reach a final decision varies from case to case. The amount that is awarded, the strength of the evidence, and the number of parties have an impact on how long it takes to resolve a case of mesothelioma.
Asbestos victims should seek out an experienced lawyer as soon as they can in order to safeguard their rights throughout the mesothelioma lawsuit process. Lawyers will assist the families of victims to understand 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 nature of mesothelioma suit, victims or their lawyers will start gathering all the necessary documents to support the claim. This includes mesothelioma diagnoses and evidence of exposure.
Based on the specific circumstances, there could be various asbestos trusts or companies that are responsible and will pay compensation to victims for asbestos-related injuries. The lawyer will examine the victim's history of asbestos exposure to determine which corporations are liable. They will also discover which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.
Asbestos lawsuits are distinct. The lawsuits are usually brought by large corporations that employ defense teams to attempt to stop the victim's claim. Experienced mesothelioma attorneys know how to defy these efforts and keep the lawsuit going.
The victim is not eligible for compensation if a mesothelioma claim is not filed in time. The statute of limitations differs between states and the statute of limitations for personal injury and claims for wrongful death is different. If a victim, or a family member has doubts about the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer can review the case to determine where to file it to maximize the chance of a successful outcome.