Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation varies from state to state. The clock starts ticking at the time of diagnosis (for personal injury claims) or death (for wrongful death claims).
A skilled mesothelioma attorney understands the statutes of limitations in each state and can speed up the process of obtaining compensation as quickly as possible. A faster resolution means compensation is available when the families and patients need it most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is an essential part of the legal process, and usually takes anywhere from 3 to 4 months. During this period, lawyers review the evidence submitted to create your mesothelioma case and gather additional information about asbestos exposure in the past. Your attorney will also interview you and any other witnesses involved in the mesothelioma lawsuit. This could include both 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 responsible for your injury or illness. Asbestos defendants will attempt to delay the process to avoid paying compensation for the damages caused due to their negligence. This is why it is crucial to choose mesothelioma attorneys who have experienced and aggressive legal representation.
Settlements are often used to pay compensation to asbestos victims financially. A lot of these settlements are made even before trial commences which saves both parties a lot of time and stress.
Depending on your state laws and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the time of diagnosis or discovery of your mesothelioma to file a lawsuit for financial compensation. If your loved one has passed away from mesothelioma spouses and heirs are entitled to up to three years in which to submit a wrongful death claim to claim compensation on their behalf.
The purpose of a mesothelioma case is to achieve an agreement before trial or a verdict in court. The American legal system is generally supportive of asbestos manufacturers' victims this is why the majority of mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Certain mesothelioma settlements are made as soon as litigation begins. Others are only made available after lawyers have a strong understanding of the strength of each case. The median mesothelioma trial verdict is approximately $2 million, but the majority of claims settle for much less than that.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit generally take between six months and a year to settle. Many mesothelioma cases are settled out of court. It is beneficial for victims to receive compensation faster than if they had to go through the lengthy trial and verdict. Settlements do not require victims to file appeals that could take years and delay payment.
The first step in a mesothelioma case involves gathering evidence and information. A lawyer will look over a victim's work history to pinpoint asbestos-related exposure and the companies responsible for their illness. The defendant lists are then compiled. Based on a person's mesothelioma type as well as the companies that were involved, there could be several defendants in a single claim.
Asbestos defendants might not be keen to settle large sums of money and they might try a variety tactics to avoid paying victims. They may attempt to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these tactics and deter them.
A mesothelioma lawyer may help a victim shorten their legal timeline. A person who is terminally sick can file a prior motion in court to accelerate the litigation process.
The statute of limitation is another factor which can affect the timeframe for mesothelioma. States have laws that restrict the time that the person has to file a claim. The injured party and their family members must act quickly to prevent the time limit from running out.
Mesothelioma lawyers can also expedite the legal process by making an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm has extensive experience with MDLs and can handle your case at a much faster pace than if you had filed a separate lawsuit.
If the mesothelioma lawsuit process is smooth, a decision is reached within a few days of the trial phase. If the trial is complex and results in an unjust verdict, it may take several months, or even up to one year, for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to enter the courtroom. It is possible for the victims and their attorneys to settle a case prior to a trial. Settlements can occur after the initial offer is made and the defendant is given a certain number of days to make a response or after a trial has started.
Mesothelioma lawsuits typically involve a back and forth exchange of offers in the settlement negotiation process whether in writing or over the phone. This can take months, weeks, or even years. In this stage, a mesothelioma attorney can assist their client in receiving the most compensation they can for their claim.
If a mesothelioma victim and their lawyer are unable to reach a settlement during the negotiations, they can move to mediation which is a third party person who helps both sides to agree on a fair compensation amount. This can also take a while but is typically quicker than waiting for a verdict from the jury.
For a long time, asbestos producers concealed the dangers of their products. In the end, many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. These victims may be qualified for reimbursement for medical expenses, funeral costs, and lost wages.
Each case is unique, most mesothelioma cases end in an agreement. Asbestos companies prefer to settle rather than risk a negative verdict at trial. They also understand that the preparation of a case for trial will take time.
Asbestos-related lawsuits may be filed in the proper state and in the appropriate jurisdiction to accelerate the process. For example, some states have statutes of limitation that allow for a trial to be held within one year. A mesothelioma lawyer who is nationally recognized can assist patients in filing a claim in the state where they can receive the most compensation in the shortest period of time. In addition, some states have laws that permit the statute of limitations to begin at the victim's diagnosis date, or when they died, rather than their exposure dates. This is a great method to ensure that the statute of limitation does not run out before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict could award compensation to the victims or their families. It will also decide whether the defendant is accountable for an asbestos-related injury, or death.
The length of time it takes to reach the final verdict varies from case to case. The amount that is awarded as well as the strength of the evidence and the number of parties involved all impact how long it will take to settle a mesothelioma matter.
Asbestos victims should seek out an experienced lawyer as soon as they can in order to protect their rights throughout the mesothelioma lawsuit process. Austin mesothelioma lawsuit can assist victims and their families understand the complexities of legal procedures and deadlines. An attorney can ensure that a victim's claim is not denied compensation due to the time limit has expired.
After determining the nature of mesothelioma lawsuit, the victims or their attorneys will start gathering all the necessary documents for the claim. This includes mesothelioma diagnosis and proof of exposure.
Depending on the circumstances, there could be various asbestos trusts or companies that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will investigate the history of the victim's asbestos exposure to determine which corporations may be liable. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with.
The asbestos lawsuits are atypical. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees to try to derail a victim's claim. Mesothelioma lawyers who are experienced are able to stop these tactics and keep the lawsuit moving forward.
If a mesothelioma suit is not filed by the deadline the victim will be disqualified from receiving compensation. The statute of limitations differs from one state to the next and also for personal injury claims as well as wrongful deaths, it's different. If a victim, or their family member have any questions regarding the statute of limitations, they should contact a mesothelioma law firm right away to discuss their options. A skilled mesothelioma attorney will examine the case and determine when to file it to maximize the chance of a positive outcome.