Mesothelioma Lawsuit Timeline
The time limit for mesothelioma is different from state to state. The clock begins ticking off at the time of diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A skilled mesothelioma attorney understands the limitations of state law and how to speed up the process to receive compensation as quickly as possible. Compensation is available to families of victims and the affected when they require it most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is a crucial part of the legal process and often lasts from 3-4 months. During this time, lawyers will review all evidence that has been provided to help build your mesothelioma case and gather more information about asbestos exposure you have experienced in the past. Your attorney will interview you as well as any witnesses involved in the mesothelioma case. This could involve both written and in person depositions. Our mesothelioma lawyers are skilled in this aspect of the litigation and will help you prepare for these depositions.
A mesothelioma lawyer will use the information gathered during the discovery phase to identify the asbestos companies that are responsible for your injury or illness. Asbestos defendants are not eager to pay compensation for the harm caused by their negligence, so they will likely try to stall the process as long as possible. mcallen mesothelioma law firm is why it's essential to hire mesothelioma attorneys who have skilled and aggressive legal representation.
Asbestos victims typically receive substantial financial compensation through settlements. Settlements are typically made before the trial, which saves both parties time and stress.
You are entitled to between one and five years, based on the state law or statutes of limitations, from the date you were diagnosed with mesothelioma. If a loved-one has died from mesothelioma within the past three years their spouses or heirs are able to make a claim for compensation.
The goal of a mesothelioma case is to reach an early settlement or a verdict in court. The American legal system is generally supportive of the victims of asbestos manufacturers, which is why most mesothelioma lawsuits end in the form of a settlement instead of going to trial.
Certain mesothelioma settlements are made as soon as litigation begins and others are only available once lawyers are aware of the strength of each side's case. The median verdict in a mesothelioma lawsuit is about $2 million. However, the majority of claims are settled for much less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit usually take anywhere from a few months to a full year to resolve. However, many mesothelioma claims are settled out of court. It is beneficial for the victims to receive compensation quicker than those who 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 mesothelioma cases is to gather evidence and data. A lawyer will look over the employee's history to determine asbestos exposure as well as companies responsible for their illness. Then, a list of defendants is created. There may be multiple defendants 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. For instance, they could attempt to defy medical records or conceal evidence of asbestos exposure. Our mesothelioma lawyers have experience in identifying these tactics and strategies and how to defeat them.
A mesothelioma lawyer can assist victims in reducing their legal timeframe. A person who is terminally sick can file a priority motion in the court to speed up the process of litigation.
The statute of limitations is a different factor that affects mesothelioma's timeline. This is because each state has laws that limit the length of time that a person has to make a claim for compensation. The victims and their families must act quickly to prevent the statute of limitations from expiring.
Mesothelioma lawyers can also speed up the legal process by making an application to join a mesothelioma multidistrict litigation (MDL). MDLs bring similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience handling MDLs and can manage your case at a much quicker rate than if you filed separately.
If the mesothelioma trial process goes well and a final verdict is reached, a decision can be reached within a matter of days of reaching the trial phase. If the trial is complex and leads to an incorrect decision, it could take up to a year, or 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 a courtroom. It is possible for asbestos victims and their lawyers to settle a matter prior to a trial. Settlements can take place after the initial offer has been made and the defendant has had a certain number of days to reply or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers in the settlement negotiation process, via written correspondence or over the phone. This process can take several weeks, months, or even years. During this phase, a skilled mesothelioma lawyer can assist their client in obtaining the highest possible amount of compensation for their claim.
If the victim and their lawyer cannot reach an agreement during these negotiations, then they can proceed to mediation. This is where an outside party helps both sides to come up with a fair compensation amount. It may take time however, it is usually quicker than waiting for a decision from a jury.
For decades, asbestos manufacturers hid the dangers associated with their products. Many workers, veterans, and relatives of asbestos-exposed people have been diagnosed with mesothelioma. It is which is a deadly cancer. These victims may be eligible for reimbursement for medical expenses, funeral costs and lost wages.
While each case is unique, most mesothelioma claims end in an agreement. Asbestos companies prefer to settle rather than risk a negative verdict at trial. They also know that it will take time to prepare a case for trial.
Asbestos-related lawsuits can be filed in the correct state and 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 nationally recognized mesothelioma lawyer can assist victims in filing their case in the state where they can receive the highest amount of compensation within the shortest amount of time. Certain states have laws that permit the statute of limitations to start on a victim's diagnosis date or death date, not the date of their exposure. This is an excellent way to make sure that the statute of limitations does not run out before victims receive mesothelioma compensation.
Final Verdict
The final verdict or settlement is the final result of the mesothelioma suit. The verdict could award compensation to the victims or their families. The verdict could also determine if a defendant was liable for the death or injury caused by asbestos.
The amount of time required to reach a final decision varies from case to case. The amount awarded and the strength of evidence and the number of parties involved all affect how long it takes to resolve a mesothelioma case.
Asbestos patients should consult experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Attorneys can help families and victims get a better understanding of the complex legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before a victim is able to receive compensation.
After determining the nature of mesothelioma suit, victims or their attorneys will start collecting all necessary documentation for the claim. This includes mesothelioma diagnosis documents and proof of exposure.
Depending on the case, there could be several asbestos companies that are liable or trust funds that will pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will research the history of exposure and determine which companies are liable. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.
Asbestos lawsuits are atypical. They usually involve large corporations with teams of experienced defense lawyers who pay substantial retainer fees to try and stop a victim's claim. Mesothelioma lawyers who are experienced know how to defy these efforts and keep the lawsuit moving forward.
If a mesothelioma suit is not filed by the deadline, the victim will be barred from receiving compensation. The time limit for filing a lawsuit differs from state to another and also for personal injury claims and wrongful deaths it is different. If the victim, or family member has any doubts regarding the statute of limitations or the time limit for filing a claim, they should immediately seek out a mesothelioma attorney to discuss their options. A skilled mesothelioma attorney will review the case and determine where to file it to maximize their chance of a positive outcome.