Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma varies between states. The clock begins ticking off from the date of the diagnosis (for personal injury claims) or death (for wrongful death claims).
A skilled mesothelioma attorney understands the limitations of state law and how to expedite the process to get compensation as soon as is possible. A quicker resolution means that compensation is available when the families and victims require it the most.
The Discovery Phase
After you file your mesothelioma lawsuit, attorneys for both sides will begin the discovery phase. This is an essential part of the legal process and typically lasts from 3-4 months. During this period, lawyers will review all evidence that has been presented to establish your mesothelioma claim and gather more information about asbestos exposure you have had in the past. San Mateo mesothelioma lawyers will question you as well as witnesses involved in the mesothelioma case. This could involve both depositions in person and in writing. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.
A skilled mesothelioma lawyer will use the data gathered during the discovery phase to determine which asbestos-related companies are accountable for your illness and injuries. Asbestos defendants aren't eager to compensate for the harm caused by their negligence, therefore they will likely try to stall the process as long as they can. It is therefore crucial to choose a mesothelioma attorney who has experience and a strong representation.
Asbestos victims are typically awarded significant financial compensation in settlements. Settlements are usually done prior to trial, which saves both parties time and stress.
You are entitled to between one and five years, based on the laws of your state or statutes of limitation from the time you were diagnosed with mesothelioma. If a loved-one has died from mesothelioma within the past three years and their spouses or heirs are able to submit an application for compensation.
A mesothelioma suit is filed to secure an appeal or an agreement prior to trial. The American legal system is generally supportive of asbestos victims and that is the reason why most mesothelioma lawsuits result in an agreement rather than going to trial.
Some mesothelioma settlement offers are offered as soon as litigation begins and others are only made available after lawyers are aware of the strength of each 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 between six months and a full year to resolve. However, many mesothelioma claims are settled out of court. It is advantageous for victims to receive compensation sooner than if they had to go through a lengthy verdict and trial process. Settlements do not also require victims to file appeals, which could drag on for years and delay compensation payments.
The initial phase of mesothelioma cases is to gather evidence and information. A lawyer will look over the victim's employment history to determine asbestos exposure and the companies responsible for their disease. Then, a list of defendants is compiled. There may be multiple defendants listed based on the type of mesothelioma, as well as the corporate involved.
Asbestos defendants may not be keen to settle large sums of money and they may employ a variety of ways to avoid paying victims. For instance, they could try to discredit medical records or hide evidence relating to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and thwart them.
A mesothelioma lawyer can assist victims in reducing their legal timeline. Someone who is terminally sick can file a prior motion in court to speed up the process of litigation.
The statute of limitations is a different factor that affects mesothelioma's timeline. This is due to states having laws that limit the length of time a person can make a claim for compensation. The time-limit for filing claims is running out, so victims and their families must act fast.
Lawyers who specialize in mesothelioma could also accelerate the legal process by joining a multidistrict lawsuit. MDLs are used to group asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience handling MDLs and can manage your case at a quicker rate than if you filed separately.
If the mesothelioma litigation process goes smoothly, a verdict is reached within a few days after the trial phase. If the trial is complicated and results in an unjust decision, it could take several months, or even up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, as well as their families get compensation without the need to go through the courtroom. This is because victims and their lawyers are able to settle a matter prior to the start of a trial. Settlements can be made after the initial offer was made and the defendant has had a certain number of days to reply or even after the trial.
Mesothelioma lawsuits usually involve a back-andforth exchange of offers during the settlement negotiation process, via written correspondence or via phone. This process can take several weeks or months, and even years. In this stage, a skilled mesothelioma lawyer can help their client get the highest possible amount of compensation they can get for their claim.
If a mesothelioma patient and their attorney are unable to reach a settlement during the negotiation process, they could move to mediation which is a third-party person who helps both sides agree on a fair amount for compensation. This can also take some time but is typically less time-consuming than waiting for a verdict from a jury.
Asbestos manufacturers concealed the dangers of their products for decades. This is why many military veterans, workers and family members of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. These people may be eligible for compensation for funeral expenses, medical costs and lost wages.
Most mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle rather than risk a negative verdict in court. They also understand that preparing a case for a trial can take a long time.
Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to expedite the process. For example, some states have statutes of limitations that allow for a trial to be held within one year. A internationally recognized mesothelioma lawyer can assist victims in filing in the state that will give them the highest amount of compensation in the shortest amount of time. Additionally, certain states have special laws that allow the statute of limitations to start on a victim's diagnosis date or the date they died, rather than their exposure dates. This is an excellent way to ensure that the statute of limitations does not run out before victims receive mesothelioma settlements.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma case. The verdict could provide compensation to victims or their families. The verdict can also decide if a defendant was liable for a death or injury caused by asbestos.
The time it takes to reach a final decision can differ from case the case. The amount that is awarded and the strength of evidence and the number of parties involved all influence how long it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out an experienced lawyer as soon as they can in order to safeguard their rights throughout the mesothelioma lawsuit process. Lawyers will assist victims and their families to understand the complexities of legal procedures and deadlines. An attorney can ensure that a claim is not denied compensation because the statute of limitations has run out.
Once they have determined the type of mesothelioma suit, victims or their lawyers will begin gathering all the necessary documents for the claim. This includes mesothelioma diagnosis records and proof 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 harms. 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 make a claim to.
Asbestos lawsuits are unique. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees to try and hinder a claim of a victim. Mesothelioma lawyers who are experienced know how to thwart these tactics and keep the lawsuit moving.
The victim isn't entitled to compensation if a mesothelioma suit is not filed by the deadline. The statute of limitations differs from state to another and also for personal injury claims as well as wrongful deaths it is different. If a victim or a family member has questions regarding the statute of limitations and should contact a mesothelioma law firm as soon as possible to discuss their options. A mesothelioma lawyer will review the case to determine where to file it in order to maximize the chance of a successful result.