Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation differs from state to state. The clock starts ticking at the time of the diagnosis (for personal injury claims) or death (for claims for wrongful death).
A mesothelioma lawyer who's experienced will understand the statute of limitations in the state and how best to expedite compensation to ensure that victims receive their compensation as quickly as they can. Compensation is available to families of victims and the affected when they require it most.
The Discovery Phase
After filing your mesothelioma lawsuit, attorneys for both sides will go through the discovery phase. This is a crucial part of the legal process and typically lasts from 3-4 months. During this time lawyers will go through all evidence provided to help build your mesothelioma claim and gather more information regarding asbestos exposure you've been exposed to in the past. Your attorney will interview you, as well as witnesses involved in the mesothelioma case. This could involve both depositions in person or written. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interview sessions.
A mesothelioma lawyer will utilize the information gathered in the discovery phase to identify the asbestos companies that are responsible for your illness or injuries. Asbestos defendants aren't eager to pay compensation for the harm caused by their negligence, therefore they will likely try to stall the process as much as they can. It is therefore crucial to hire a mesothelioma lawyer with experience and aggressive representation.
Asbestos-related victims are usually awarded substantial financial compensation via settlements. A lot of these settlements are paid out before trial commences which saves both parties a great deal of time and stress.
Depending on the laws of your state and statutes of limitations, you have one to five years from the time of diagnosis or the discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If a loved one of yours has died from mesothelioma within the last three years their spouses or heirs are able to file an application for compensation.
A mesothelioma suit is filed to secure an appeal or a settlement prior to trial. The American legal system is generally sympathetic to asbestos victims, which is why most mesothelioma lawsuits end in an agreement rather than going to trial.
Some settlement offers for mesothelioma settlements are made as soon as the litigation starts, while others are not announced until attorneys have a clear understanding of the strength and weakness of each claim. The median mesothelioma trial verdict is approximately $2 million, but most cases settle for less than that.
The Trial Phase
Mesothelioma cases that get to the trial phase of a lawsuit usually take between six months and a full year to resolve. A majority of mesothelioma cases settle outside of court. This is beneficial for victims as they can receive compensation much faster than would be the case when they had to go through an extensive trial and verdict process. Settlements don't require victims to to file appeals that can take years to resolve and could delay the payment.
The first step in a mesothelioma case involves gathering evidence and details. A lawyer will go over the employee's history to determine asbestos exposure as well as the companies that are responsible for their condition. Defendant lists are created. Multiple defendants can be listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants aren't eager to settle large sums and may resort to 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 attorney can also assist victims in reducing their legal process. If a person is terminally ill, they can submit a motion to have priority in court to speed up the legal process.
The statute of limitations is another aspect that influences the timeframe for mesothelioma. States have laws that restrict how long an individual has to file an action. The time limit for filing a claim is running out, so victims and their families must take action quickly.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining multidistrict litigation. Sterling Heights mesothelioma lawsuit are used to organize asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs and can handle your case more quickly than if you file separate lawsuits.
If the mesothelioma litigation process is successful, a verdict may be reached within days of the trial phase. If the trial is complicated and results in an unjust decision, it could take several months, or even up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families, are compensated without the need to go through the courtroom. It is possible for victims and their attorneys to settle a matter before a trial. Settlements can take place after the initial offer was made and the defendant has had a specific number of days to respond or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process either through written correspondence or over the phone. This can take months, weeks or even years. During this stage mesothelioma lawyers can help their client get the maximum compensation possible for their claim.
If the victim and their lawyer cannot reach an agreement during the negotiations, then they can proceed to mediation. This is where an outside party helps both sides come to an acceptable amount of compensation. It may take a while, but is usually much quicker than waiting for a verdict of juries.
For a long time, asbestos producers kept a secret about the dangers that came with their products. This is why many workers, military veterans and family members of those exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. These people may be entitled to compensation for medical expenses, funeral costs and lost wages.
The majority of mesothelioma cases settle, even though every case is unique. Asbestos companies would rather settle than risk a negative verdict at trial. Moreover, they know that it will take a long time to prepare the case for trial.
Asbestos-related lawsuits can be filed in the correct state and in the appropriate jurisdiction to expedite the process. For instance, some states have statutes of limitation that guarantee a trial within one year. A mesothelioma lawyer with national recognition can help victims file in the state which will grant them the highest amount of compensation within the shortest amount of time. Additionally, certain states have special laws that allow the statute of limitations to begin at the victim's diagnosis date or the date they passed away, not the date of their exposure. This is a great method to ensure that the statute of limitations does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma case. The verdict could award compensation to the victims or their loved ones. The verdict may also decide whether a defendant is liable for an injury or death caused by asbestos.
The time it takes to reach a final verdict will differ from case to case. The amount of money awarded, the quality of the evidence and number of parties all influence the time it takes to resolve a case of mesothelioma.
Asbestos sufferers should hire an experienced lawyer as soon as they can to ensure their rights throughout the entire mesothelioma lawsuit procedure. Lawyers can assist families and victims to understand the complicated legal procedures and deadlines. A lawyer can also ensure that the time limit does not expire before a victim is able to receive compensation.
Once they have determined the type of mesothelioma lawsuit, victims or their lawyers will start collecting all necessary documentation to support the claim. This includes mesothelioma-related diagnosis documents and proof of exposure.
Based on the specific circumstances, there may be various asbestos trusts or companies that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will investigate the victim's history of asbestos exposure to determine which corporations could be responsible. They will also investigate which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit against.
Lawsuits involving asbestos are unique. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees to try to derail a victim's claim. Expert mesothelioma lawyers are able to stop these attempts and ensure that the case is moving forward.
The victim is not able to receive compensation if a mesothelioma claim is not filed in time. The statute of limitation varies 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 has questions regarding the statute of limitation and should contact a mesothelioma lawyer firm right away to discuss their options. A knowledgeable mesothelioma attorney will examine the case and decide where to file it in order to maximize the chances of a favorable outcome.