Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation is different from state to state. The clock starts ticking from the date a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death).
A mesothelioma lawyer who's skilled will be aware of the statute of limitations for the state and how to speed up compensation to ensure that victims receive their compensation as quickly as they can. Compensation is available to the families of victims when they need it the most.
The Discovery Phase
After you file your mesothelioma lawsuit attorneys from both sides will go through the discovery phase. This is an important part of the legal procedure and can last for 3 to 4 months. During this time lawyers will go through all evidence presented to establish your mesothelioma case and gather additional information about asbestos exposure you have had in the past. Your lawyer will also question you and any witnesses involved in your mesothelioma claim. This may include written and in-person depositions. Our mesothelioma lawyers are skilled in this particular aspect of litigation and will prepare you for these depositions.
A skilled mesothelioma lawyer will use the information gathered during the discovery phase to determine which asbestos companies are accountable for your injuries and illnesses. Asbestos defendants are not eager to compensate you for the harm they caused through their negligence, so they are likely to try to delay the process as long as they can. This is why it's important to retain mesothelioma attorneys who have an experienced and affluent legal representation.
Asbestos-related victims are usually awarded significant financial compensation in settlements. A large portion of these settlements are made even before trial commences which saves both parties a significant amount of time and anxiety.
Depending on fort worth mesothelioma lawsuit and statutes of limitations, you have one to five years from the time of diagnosis or discovery of your mesothelioma to file a lawsuit for financial compensation. If a loved one of yours has passed away from mesothelioma in the last three years and their spouses or heirs may file a claim for compensation.
A mesothelioma lawsuit is filed to win the verdict of a judge or to reach an agreement prior to trial. The American legal system is known to be tolerant of the asbestos victims, which is why the majority of mesothelioma cases end in settlements, rather than going to court.
Certain mesothelioma settlements are made as soon as trial begins, while others are only made available after lawyers have a clear understanding of the strength of each party's case. The median verdict in a mesothelioma case is about $2 million. However, the majority of cases are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit generally take anywhere from a few months to a full year to settle. However, many mesothelioma claims end up in court. This is advantageous to the victims as they can receive compensation much quicker than would be the case when they had to go through an extensive trial and verdict process. Settlements do not require that victims make appeals, which could take years and delay payment.
The first phase of a mesothelioma lawsuit involves gathering evidence and information. A lawyer will review a victim's work history to determine asbestos-related exposures and the companies responsible for their disease. Then the 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 eager to pay large settlements and they may try a variety of tactics to avoid paying victims. They may try to conceal evidence or conceal medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and strategies and how to defeat them.
A mesothelioma lawyer may also help victims shorten their legal timeline. Someone who is terminally sick can file a prior motion in court to accelerate the litigation process.
The statute of limitations is another aspect that can affect the timeframe for mesothelioma. This is because states have laws that limit the amount of time a person can make a claim for compensation. The victims and their families must act swiftly to stop the statute of limitations from running out.
Mesothelioma lawyers can also speed up the legal process by making a request to join a mesothelioma multipledistrict litigation (MDL). MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience in handling MDLs and is able to handle your case at a much quicker rate than if you had filed an individual lawsuit.
If the mesothelioma lawsuit process is successful and a final verdict is reached, a decision can be reached within days after the trial phase. If the trial is lengthy and results in an incorrect verdict, it may take up to a year, or up to one year, for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without needing to enter the courtroom. This is because victims and their lawyers can settle a case prior to the start of a trial. Settlements can occur after the initial offer is made and the defendant is given a certain number of days to make a response or after a trial has started.
In most cases, the settlement negotiation process involves a back and forth exchange of offers, either through written correspondence or over the phone. This could take months, weeks, or even years. During this phase a mesothelioma lawyer who is skilled can help their client get the most lucrative amount of compensation they can get for their claim.
If a mesothelioma victim and their attorney cannot reach a settlement during the negotiations, they can go to mediation which is a third party person who helps both sides to agree on a fair amount for compensation. It may take a while but is generally quicker than waiting for a verdict of the jury.
Asbestos manufacturers hid the dangers of their products for years. Many veterans, workers and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma. This is the most deadly form of cancer. The victims can claim compensation to pay for medical bills, funeral expenses and lost wages.
The majority of mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle than risk a negative verdict at trial. They also know that preparing a case for a trial can take a long time.
Asbestos victims and their attorneys can also speed up the process by filing lawsuits in the proper state and jurisdiction. Certain states, for instance, have statutes that guarantee a court trial within one year. A nationally recognized mesothelioma lawyer can assist victims in filing their case in the jurisdiction that will allow them to receive the most compensation within the shortest period of time. In addition, some states have special laws that permit the statute of limitations to begin on a victim's diagnosis date, or when they died, rather than their exposure dates. This is a great method to ensure that the statute of limitation does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma case. The verdict may award compensation to the victims or their families. It will also decide whether the defendant is accountable for an asbestos-related injury or death.
The time needed to reach a final decision will differ from case to situation. The amount that is awarded, the strength of the evidence and the number of parties involved all influence how long it will take to settle a mesothelioma lawsuit.
Asbestos victims should seek out an experienced lawyer as soon as they can to safeguard their rights throughout the mesothelioma lawsuit procedure. Lawyers will assist victims and their families to understand the complexities of legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations does not expire before a victim is able to receive compensation.
Once they have determined the mesothelioma case type is filed, victims or their attorneys will begin gathering all the required documentation. This includes mesothelioma diagnose documents and proof of exposure.
Depending on the situation, there could be a variety of asbestos companies or trust funds that will compensate the victim for their asbestos-related injuries. The lawyer will research the history of exposure and determine which corporations are liable. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to make a claim to.
Lawsuits involving asbestos are unique. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees to try to hinder a claim of a victim. Experienced mesothelioma lawyers know how to stop these tactics and ensure that the case is moving forward.
The victim is not able to receive compensation if a mesothelioma suit is not filed by the deadline. The statute of limitations varies from state to state and the statute of limitations for personal injury and claims for wrongful death is different. If a victim or their family member have any questions about the statute of limitations, they should contact a mesothelioma law firm as soon as possible to discuss their options. A mesothelioma lawyer with experience will review the case and determine when to file it to maximize the chances of a successful outcome.