Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from state to state. The clock starts to tick from the time a patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).
A mesothelioma lawyer who is experienced will understand the statute of limitations for the state and how best to expedite compensation to ensure that victims receive settlement as soon as they can. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will enter the discovery phase. This is a crucial part of the legal process and can last for 3 to 4 month. During this time, lawyers will analyze the evidence provided to construct your mesothelioma claim and collect additional information regarding asbestos exposure you have had in the past. Your attorney will also interview witnesses, including you, involved in your mesothelioma claim. This may include depositions in person or written. Our mesothelioma lawyers are skilled in this aspect of the litigation and will help you prepare for these depositions.
A mesothelioma lawyer will utilize the information gathered during the discovery phase to identify the asbestos-related companies accountable for your injuries or illness. Asbestos defendants don't want to pay compensation for the harm they caused through their negligence, and will likely attempt to delay the process as long as possible. Therefore, it is essential to choose a mesothelioma attorney with experience and aggressive representation.
Asbestos victims typically receive substantial financial compensation through settlements. Many of these payouts are made even before the trial is scheduled to take place, which saves both parties a significant amount of time and anxiety.
You are entitled to between one and five years, based on the laws of your state or statutes of limitation starting from the day you were diagnosed with mesothelioma. If a loved one has passed away from mesothelioma in the past three years and their spouses or heirs are able to file an action for compensation.
The aim of a mesothelioma suit is to achieve an early settlement or the case in the court. The American legal system is known to be supportive of the asbestos victims and that is the reason why the majority of mesothelioma cases result with settlements instead of going to court.
Certain mesothelioma settlements are made as soon as the litigation begins and others are only available once lawyers have a strong understanding of the strength of each case. The mesothelioma average trial verdict is around $2 million, but most cases settle for less than that amount.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between six months and a year to be resolved. A majority of mesothelioma cases settle outside of court. It is beneficial for the victims to receive compensation faster than those who had to go through a lengthy trial and verdict. Settlements do not also 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 lawsuit is gathering information and evidence. A lawyer will look over the history of a patient's employment to pinpoint asbestos-related exposure and the companies responsible for their disease. The defendant lists are then compiled. Multiple defendants may be listed depending on the type of mesothelioma as well as the companies involved.
Asbestos defendants may not be eager to pay large settlements, and they may employ a variety of ways to avoid paying victims. They might try to hide evidence or deny medical records related to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these tactics and deter them.
A mesothelioma lawyer may assist victims in reducing their legal timeline. If a person is diagnosed as terminally sick, they may file a motion for priority in the courtroom to speed up the legal process.
The statute of limitations is a different factor that can affect a mesothelioma timeline. States have laws that limit the time an individual must make an action. The time limit for filing a claim is running out, so victims and their families must act fast.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining multidistrict litigation. MDLs can be used to group asbestos lawsuits for faster processing. southfield mesothelioma attorney is experienced in handling MDLs, and can handle your case more quickly than if you file separate lawsuits.
If the mesothelioma lawsuit procedure goes smoothly, a verdict may be reached within days after the trial phase. If the trial is complicated and results in an incorrect verdict, it could take up to a year, or up to a year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families are compensated without having to enter an in-courtroom. This is due to the fact that victims and their lawyers can settle a case before a trial. Settlements can happen after the initial offer is made and the defendant is given a certain number of days to make a response, or even after a trial has begun.
In the majority of instances, the settlement negotiation process involves an exchange of offers, either through written correspondence or by phone. This can take months, weeks or even years. During this stage, a mesothelioma attorney can help their client get the highest amount of compensation for their claim.
If the lawyer and the victim are unable to come to an agreement during the negotiations and they are unable to reach an agreement, they can move to mediation. This is when a third party can help both sides come to an acceptable amount of compensation. It may take time however, it is usually quicker than waiting for a verdict from the jury.
Asbestos manufacturers concealed the dangers of their products for years. In the end, many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma disease. These people may be eligible for compensation for funeral expenses, medical costs, and lost wages.
Although every case is different, the majority of mesothelioma claims end in the form of a settlement. Asbestos companies would rather settle than risk a negative verdict at trial. They also know that the preparation of a case for trial will take some time.
Asbestos-related lawsuits can be filed in the correct state and jurisdiction to accelerate the process. For instance, certain states have statutes of limitations which guarantee a trial within one year. A nationally recognized mesothelioma law firm can assist victims in filing in the jurisdiction that will award them the most compensation in the shortest amount of time. Additionally, certain states have special laws that allow the statute of limitation to start on a victim's diagnosis date or the date they died, instead of their exposure dates. This is an excellent way to make sure that the statute of limitations will not expire before patients receive mesothelioma settlements.
Final Verdict
The mesothelioma case will end with a settlement or verdict. 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 time needed to reach a final decision can vary from case to the case. The amount that is awarded, the strength of the evidence and the number of parties involved all affect how long it will take to settle a mesothelioma matter.
Asbestos sufferers should hire an experienced lawyer as soon as they can to ensure their rights throughout the mesothelioma lawsuit process. Attorneys will help victims and their families to understand the complex legal procedures and deadlines. An attorney can ensure that a victim's claim is not denied compensation because the statute of limitations has run out.
After determining the type of mesothelioma lawsuit, victims or their attorneys will start collecting all the documentation required for the claim. This includes mesothelioma diagnosis records and proof of exposure.
Based on the particular situation, there could be multiple liable asbestos companies or trust funds that compensate a victim for the asbestos-related injuries they sustained. The lawyer will investigate the victim's history of 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 file a claim against.
Asbestos lawsuits are atypical. They are typically brought by large companies who employ teams of defense lawyers to try to thwart the claim of the victim. Expert mesothelioma lawyers are able to stop these attempts and keep the lawsuit moving forward.
The victim will not be able to receive compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations differs from one state to another and, for personal injury claims as well as wrongful deaths it is different. If a victim or a family member have any questions regarding the statute of limitation and the time limit, they should contact a mesothelioma law firm as soon as possible to discuss their options. A knowledgeable mesothelioma attorney will review the case and decide where to file it to maximize their chance of a positive outcome.