Mesothelioma Lawsuit Timeline
The time limit for mesothelioma differs from state to state. miami mesothelioma lawsuit starts ticking from the date a patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).
A skilled mesothelioma attorney understands the limitations of state law and how to expedite the process to get the compensation as fast as is possible. Compensation is available to victims and their families when they need it most.
The Discovery Phase
After you have filed your mesothelioma suit, attorneys for both sides will begin the discovery phase. This is an essential phase of the legal process and often takes anywhere from 3 to 4 months. During this period, lawyers will review all evidence submitted to build your mesothelioma claim and gather more information about asbestos exposure you have experienced in the past. Your lawyer will conduct an interview with you as well as witnesses involved in the mesothelioma case. 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 knowledgeable mesothelioma lawyer will use the information gathered during the discovery phase to determine which asbestos-related companies are responsible for your injuries and illness. Asbestos defendants aren't eager to compensate for the harm they caused through their negligence, therefore they are likely to try to delay the process as much as they can. This is why it is essential to hire a mesothelioma law firm with experienced and aggressive legal representation.
Asbestos-related victims are usually awarded substantial financial compensation through settlements. These settlements are often completed prior to the trial, saving both parties from stress and time.
Depending on the laws of your state and statutes of limitation, 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 your loved one has passed away from mesothelioma spouses and heirs can have three years to make a claim for wrongful death to claim compensation on their behalf.
The purpose of a mesothelioma suit is to achieve an early settlement or an award in the court. The American legal system is generally sympathetic to asbestos victims this is why the majority of mesothelioma lawsuits end in an agreement rather than going to trial.
Certain mesothelioma settlements are offered as soon as litigation begins. Others are only offered once attorneys have a strong understanding of the strength of each side's case. The median verdict in mesothelioma cases is approximately $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take months to a year to resolve. However, many mesothelioma claims end up in the court. It is beneficial for victims to receive compensation sooner than if they had to go through the lengthy verdict and trial process. Settlements do not require that victims make appeals, which can take years to resolve and could delay payment.
The first phase of mesothelioma cases involves gathering evidence and data. A lawyer will look over the work history of a victim to pinpoint asbestos-related exposure and the companies responsible for their condition. Then the list of defendants is compiled. Depending on a person's mesothelioma diagnosis and the type of company that were involved, there could be multiple defendants listed in one claim.
Asbestos defendants don't want to make large settlements and may resort to a variety of tactics to avoid paying victims. For instance, they may attempt to refute medical records or conceal evidence relating to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and ways to defeat them.
A mesothelioma lawyer may help a victim shorten their legal timeframe. If a person is terminally sick, they may file a motion for priority in court to speed up the litigation process.
The statute of limitation is another factor which can affect the timeframe for mesothelioma. This is due to states having laws that limit the length of time it takes to make a claim for injury. Victims and their loved ones must act swiftly to stop the statute of limitations from running out.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining multidistrict litigation. MDLs group similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience in handling MDLs and is able to manage your case at a faster rate than if you had filed a separate lawsuit.
If the mesothelioma litigation 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 lengthy and results in an incorrect decision, it could take several months, or up to a year for victims to get compensation.
Settlement Negotiations
Many asbestos victims, and their families get compensation without having to enter a courtroom. This is because the victims and their attorneys can settle a matter prior to a trial. Settlements can occur after the initial offer has been made and the defendant is given a set number of days to respond, or even after the trial has begun.
In the majority of cases the settlement negotiation process involves a back and forth exchange of offers, either through written correspondence or over the phone. This can take months, weeks, or even years. During this time a mesothelioma lawyer who is skilled can help their client get the most lucrative compensation for their claim.
If the lawyer and the victim are unable to reach an agreement during these negotiations, then they can proceed to mediation. This is when an outside party helps both sides come up with an appropriate amount of compensation. It may take a while but is generally faster than waiting for the verdict of juries.
For decades, asbestos manufacturers kept a secret about the dangers that came with their products. Many veterans, workers and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma, the most deadly form of cancer. These people may be entitled to reimbursement for funeral expenses, medical costs and lost wages.
Although every case is different, the majority of mesothelioma cases end in a settlement. Asbestos companies would rather settle rather than risk losing a verdict in court. They also understand that the preparation of a case for trial will take some time.
Asbestos-related lawsuits may be filed in the appropriate state and jurisdiction to speed up the process. Some states, for example have laws that ensure a trial within a year. A nationally recognized mesothelioma lawyer can assist victims in filing their case in the state where they can receive the most compensation within the shortest period of time. Some states have laws that allow the statute of limitations to begin on a victim’s diagnosis date or death date, rather than their exposure dates. This is a great method to ensure that the statute of limitation does not expire before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma lawsuit. The verdict may be awarded compensation to the victims or their families. It may also determine whether the defendant is accountable for an asbestos-related injury or death.
The length of time it takes to reach a final decision varies from case to case. The amount of money awarded, the strength of the evidence and the number of parties involved all influence the time 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 will help victims and their families understand the complex legal procedures and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation because the statute of limitations has expired.
After determining which mesothelioma case type is filed, the victims or their lawyers will start collecting all the necessary documentation. This includes mesothelioma diagnosis records and evidence of exposure.
In the event of a case, there may be several asbestos companies that are liable or trust funds that will compensate the victim for their asbestos-related injuries. The lawyer will look into the history of the person's asbestos exposure to determine which corporations are liable. They will also discover which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
Lawsuits involving asbestos are unique. They usually involve large corporations with teams of skilled defense attorneys paid substantial retainer fees to try and derail a victim's claim. Mesothelioma lawyers who are experienced know how to stop these tactics and ensure that the case is moving forward.
If a mesothelioma suit is not filed in time, the victim will be barred from receiving compensation. The statute of limitations varies from state to state, and the time limit for personal injury and claims for wrongful death is different. If a victim or their family member has any concerns regarding the statute of limitation and should contact a mesothelioma law firm immediately to discuss their options. A knowledgeable mesothelioma attorney will examine the case and determine where to file it in order to maximize their chance of a favorable outcome.