Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma varies from one state to another. The clock begins to tick at the time of the diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer that is experienced will understand the statute of limitations in the state and how to speed up compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
Following the filing of a mesothelioma case attorneys on both sides will commence the discovery phase. This is a crucial part of the legal procedure and can last from 3-4 month. During this period lawyers will go through the evidence provided to help build your mesothelioma claim and gather additional information about the asbestos exposure you've been exposed to in the past. Your lawyer will also question witnesses, including you, who are involved in your mesothelioma case. This may include depositions in person or written. Albuquerque mesothelioma attorneys are seasoned in this aspect of the litigation and will help you prepare for these depositions.
A skilled mesothelioma lawyer will use the information that is gathered during the discovery process to determine which asbestos companies are responsible for your injuries and illnesses. Asbestos defendants may attempt to delay the process to avoid paying compensation for damage caused through their negligence. It is therefore important to find a mesothelioma lawyer with experience and aggressive representation.
Settlements are typically used to pay compensation to asbestos victims financially. These settlements are often completed prior to the trial, thereby saving both parties time and stress.
You are entitled to between one and five years, depending on the state laws or statutes of limitation, starting from the day you were diagnosed with mesothelioma. If a loved one has passed away from mesothelioma during the past three years their spouses or heirs may file a claim for compensation.
A mesothelioma lawsuit is filed to secure a court verdict or reach a settlement before trial. The American legal system is generally supportive of the victims of asbestos manufacturers and that is the reason why most mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Some settlement offers for mesothelioma can be made as soon as the litigation begins, while others are not offered until lawyers have a clear understanding of the strength and weakness of each claim. The mesothelioma average trial verdict is approximately $2 million, but the majority of claims settle for much 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 resolve. However, a lot of mesothelioma lawsuits are settled out of court. This is advantageous to the victims because it allows them to receive compensation much faster than if they went through a lengthy trial and verdict process. Settlements do not require victims to file appeals, which can linger on for a long time and delay the payment of compensation.
The initial phase of mesothelioma cases involves gathering evidence and data. Lawyers will examine the history of a patient's employment to determine asbestos-related exposures and the companies responsible for their illness. Then a list of defendants is created. Multiple defendants can be listed depending on the type of mesothelioma as well as the companies involved.
Asbestos defendants might not be keen to settle large sums of money and they may employ a variety of tactics to avoid paying victims. They may attempt to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and strategies and how to stop them.
A mesothelioma lawyer could assist victims in reducing their legal timeframe. If a person is terminally ill, they can submit a motion to have priority in court to speed up the litigation process.
The statute of limitations is another aspect that affects the timeline for mesothelioma. States have laws that restrict how long a person has to file a claim. The time-limit for filing claims is running out, so victims and their families have to take action quickly.
Mesothelioma lawyers can also speed up the legal process by submitting a request to join a mesothelioma multidistrict litigation (MDL). MDLs join similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case more quickly than if you filed separate lawsuits.
If the mesothelioma lawsuit process goes well the final verdict could be reached within days after completing the trial phase. If the trial is lengthy and results in an unjust decision, it could take several months, or even up to one year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without ever needing to enter a courtroom. This is due to the fact that victims and their attorneys can settle a case before the start of a trial. Settlements can happen after the initial offer is made and the defendant is given a number of days to decide, or even after a trial has begun.
Mesothelioma lawsuits typically involve a back-andforth exchange of offers in the settlement negotiation process, via written correspondence or over the phone. This process could take weeks or months, and 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 these talks the two parties can then move to mediation. This is where a third party can help both sides come to a fair compensation amount. It may take some time but is typically quicker than waiting for a decision from juries.
Asbestos producers hid the dangers of their products for a long time. Many workers, veterans, and family members of asbestos-exposed individuals have been diagnosed with mesothelioma, which is a deadly cancer. They are eligible for compensation to pay for funeral costs, medical bills and lost wages.
Although every case is unique, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies prefer to settle rather than be at risk of a poor 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 appropriate state and in the appropriate jurisdiction to expedite the process. Some states, for example, have statutes that guarantee a court trial within one year. A nationally recognized mesothelioma lawyer can assist victims in filing their case in the state that will allow them to receive the highest amount of compensation within the shortest amount of time. Additionally, certain states have laws that allow the statute of limitations to begin at the victim's diagnosis date, or when they died, rather than the date of their exposure. This is an excellent way to ensure the statute of limitations will not run out before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a verdict or settlement. The verdict can provide compensation to the victims or their families. The verdict could also determine whether a defendant was responsible for the death or injury caused by asbestos.
The time needed to reach a final decision can differ from case case. The amount of money awarded, the quality of evidence, and the number of parties affect the time it takes to decide on mesothelioma cases.
Asbestos patients should consult experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist the families of victims to understand the complex legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations does not expire before the victim receives compensation.
After determining the type of mesothelioma suit, victims or their lawyers will begin collecting all the documentation required to support the claim. This includes mesothelioma diagnosis documents and proof of exposure.
Based on the specific circumstances, there could be various asbestos trusts or companies that are responsible and will pay compensation to victims for asbestos-related injuries. The lawyer will investigate the history of the person's asbestos exposure to determine which companies may be liable. They will also discover which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
Asbestos lawsuits are distinct. The lawsuits are usually filed by large corporations who hire teams of defense attorneys to try to thwart the victim's claim. Expert mesothelioma lawyers are able to stop these attempts and ensure that the case is moving forward.
The victim isn't entitled to compensation if a mesothelioma claim is not filed by the deadline. The statute of limitations differs from one state to another and, for personal injury claims and wrongful deaths it is different. If a victim or a family member has questions regarding the statute of limitation and should contact a mesothelioma law firm as soon as possible to discuss their options. A knowledgeable mesothelioma attorney will examine the case and determine when to file it in order to maximize their chance of a positive outcome.