Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation differs from state to state. The clock begins ticking off from the date of the diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who's skilled will be aware of the statute of limitations in the state and the best way to speed up compensation to ensure that victims receive their compensation as quickly as they can. A quicker resolution means that compensation comes when families and patients need it most.
The Discovery Phase
After you have filed your mesothelioma suit, attorneys for both sides will go through the discovery phase. This is a crucial part of the legal procedure and can last for 3 to 4 months. During this time lawyers will go through the evidence provided to help build your mesothelioma case and gather additional information about asbestos exposure you have had in the past. Your lawyer will also question you and any witnesses involved in the mesothelioma lawsuit. This could include both written and in person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interviews.
A mesothelioma lawyer who is skilled will use the information that is gathered during the discovery process to determine which asbestos companies are liable for your injuries and illnesses. Asbestos defendants try to delay the process so that they can avoid paying compensation for the damages caused through their negligence. This is why it's essential to hire mesothelioma lawyers who provide experienced and aggressive legal representation.
Settlements are usually used to pay compensation to asbestos victims financially. A lot of these settlements are made even before the trial takes place which saves both parties a significant amount of 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 your loved one has passed away from mesothelioma spouses and heirs are entitled to three years to file a wrongful death claim to claim compensation on their behalf.
The purpose of a mesothelioma lawsuit is to reach a pre-trial settlement or win an award in court. The American legal system is generally supportive of asbestos victims, which is why most mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Certain mesothelioma settlements are made as soon as the litigation begins. Others are only made available after lawyers have a clear understanding of the strength of each side's case. The median mesothelioma trial verdict is about $2 million, but most claims settle for much less than that.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take anywhere from a few months to a full year to resolve. However, many mesothelioma cases end up in the court. It is advantageous for victims to receive compensation quicker than if they had to endure a long trial and verdict process. Settlements do not also require victims to file appeals, which could drag on for years and cause delays to the payment of compensation.
The initial stage of a mesothelioma suit is gathering information and evidence. Lawyers will examine the history of a patient's employment to determine asbestos-related exposures and the companies responsible for their disease. The defendant lists are then compiled. There may be multiple defendants listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants don't want to pay out large settlements, and they may try different strategies to avoid paying victims. For instance, they may try to discredit medical records or conceal evidence of asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these tactics and thwart them.
A mesothelioma lawyer can help a victim shorten their legal process. Anyone who is sick can file a priority motion in court to accelerate the litigation process.
The statute of limitations is a different factor that can affect a mesothelioma timeline. States have laws that restrict the time that an individual has to make a claim. Victims and their loved ones must act quickly to prevent the statute of limitations from running out.
Mesothelioma lawyers may also speed up the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs and can handle your case faster than if you had filed separate lawsuits.
If the mesothelioma litigation procedure goes smoothly, a final verdict can be reached within days of reaching the trial phase. If the trial is lengthy and leads to an incorrect verdict, it could take up to a year, or up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families get compensation without having to enter the courtroom. It is possible for the victims and their attorneys to settle a matter prior to trial. Settlements can occur after the initial offer has been made and the defendant has been given a certain number of days to respond or even after the trial.
In the majority of instances the process of negotiating settlements involves a back and forth exchange of offers, either through written correspondence or via phone. This process could take weeks, months, or even years. During this stage, a mesothelioma attorney can help their client receive the most compensation they can for their claim.
If the victim and their lawyer are unable to come to an agreement during the negotiations, then they can proceed to mediation. This is where a third party person helps both sides to come up with an acceptable amount of compensation. This can also take some time but is typically much shorter than waiting for a verdict from a jury.
Asbestos producers hid the dangers of their products for a long time. Many workers, veterans, and family members of asbestos-exposed people have been diagnosed with mesothelioma. It is which is a deadly cancer. They are eligible for compensation to cover funeral expenses, medical bills and lost wages.
Most mesothelioma cases are settled, even though every case is different. Asbestos firms would rather settle rather than risk a negative verdict at trial. They also know that preparing a case for a trial can take a long time.
Asbestos victims and their attorneys can also speed up the process by filing lawsuits in the proper state and jurisdiction. Certain states, for instance, have statutes that guarantee a court trial within a year. A well-known mesothelioma law firm can assist a victim in filing in the jurisdiction that will provide them with the highest compensation in the shortest time. Some states have laws that allow the statute of limitation to start on a victim's diagnosis date or death date, rather than 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 could provide compensation to victims or their families. The verdict can also decide whether a defendant is liable for the death or injury caused by asbestos.
The amount of time required to reach a final decision will vary from case to. The amount that is awarded, the quality of evidence, and number of parties all affect the time it takes to resolve mesothelioma cases.
Asbestos sufferers should hire an experienced lawyer as soon as they can to protect their rights throughout the mesothelioma litigation process. Lawyers can assist victims and their families understand the complicated legal procedures and deadlines. An attorney can ensure that the claim of a victim is not denied compensation due to the statute of limitations has run out.
Once they have determined the mesothelioma type of claim is filed, the victim or their lawyers will begin collecting all the necessary documentation. This includes mesothelioma diagnosis records and evidence of exposure.
Based on the specific circumstances, there could be many asbestos trusts or companies that are responsible and will pay compensation to victims for asbestos-related injuries. The lawyer will examine the history of the person's asbestos exposure to determine which corporations could be responsible. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.
Asbestos-related lawsuits are not common. The lawsuits are usually brought by large corporations that hire teams of defense attorneys to try and derail the victim's claim. Mesothelioma lawyers who are experienced know how to stop these efforts and keep the case moving forward.
If a mesothelioma lawsuit is not filed within the timeframe the victim will be barred from receiving compensation. The time limit for filing a lawsuit varies from one state to the next and also for personal injury claims as well as the wrongful death of a person, it differs. If Deerfield Beach mesothelioma lawyers , 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 when to file it in order to maximize the odds of a positive outcome.