Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs between states. Fort Myers mesothelioma lawyer begins ticking off at the time of diagnosis (for personal injury claims) or death (for wrongful death claims).
A mesothelioma lawyer who is skilled will be aware of the state statute of limitations and how best to expedite compensation to ensure that victims receive their compensation as quickly as they can. Compensation is available to the families of victims when they require it most.
The Discovery Phase
After a mesothelioma lawsuit is filed attorneys on both sides will commence the discovery phase. This is a crucial aspect of the legal process and can take anywhere from 3 to 4 month. During this time lawyers will go through all evidence submitted to build your mesothelioma claim and collect more details about asbestos exposure you have had in the past. Your attorney will also interview witnesses, including you, involved in your mesothelioma claim. This could include written and in-person depositions. Our mesothelioma lawyers are skilled in this particular aspect of litigation and will help you prepare for these interviews.
A mesothelioma lawyer who is skilled will utilize the information collected during the discovery phase to determine which asbestos companies are accountable for your injuries and illnesses. Asbestos defendants are not eager to pay compensation for the harm caused by their negligence, and will likely try to stall the process as long as possible. This is why it's crucial to choose a mesothelioma law firm with experienced and aggressive legal representation.
Settlements are usually used to compensate asbestos victims financially. A lot of these settlements are paid out before the trial takes place which saves both parties a lot of time and anxiety.
You have between one to five years, based on the state laws or statutes of limitation from the time you were diagnosed with mesothelioma. If your loved one has passed away from mesothelioma spouses and heirs can have up to three years in which to file a wrongful death claim for compensation on their behalf.
A mesothelioma suit is filed to win a court verdict or reach a settlement prior to trial. 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.
Some mesothelioma settlement offers are made as soon as the trial begins, while others are only offered once attorneys have a clear understanding of the strength of each side's case. The median verdict in a mesothelioma case is about $2 million. However, most claims are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial stage of a lawsuit usually take months to a year to settle. A majority of mesothelioma cases settle out of court. It is beneficial for victims to receive compensation quicker than if they had to endure a lengthy trial and verdict. Settlements do not require victims make appeals, which can take years to resolve and could delay the payment.
The first phase of mesothelioma cases involves gathering evidence and information. A lawyer will look over the victim's employment history to determine the extent of asbestos exposure and companies responsible for their illness. Defendant lists are created. There may be multiple defendants listed based on the type of mesothelioma and the corporations involved.
Asbestos defendants might not be eager to pay large settlements and they may try a variety of strategies to avoid paying victims. For instance, they may attempt to defy medical records or hide evidence of asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these strategies and stop them.
A mesothelioma lawyer may assist a victim in reducing their legal timeline. If a person is diagnosed as terminally ill, they can submit a motion to have priority in court to speed up the litigation process.
The statute of limitations is yet another factor that affects the mesothelioma timeline. States have laws that limit how long a person has to make a claim. The statute of limitations is running out, so victims and their families have to be quick to act.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining multidistrict litigation. MDLs are used to organize asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience in handling MDLs and is able to manage your case at a much faster pace than if you filed separately.
If the mesothelioma trial process goes well and a final verdict is reached, a decision can be reached within days after completing the trial phase. However, if the trial is lengthy and results in a wrongful decision, it may take a few months or up to a year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without needing to go into a courtroom. It is possible for the victims and their lawyers to settle a case before a trial. Settlements can be made after the initial offer was made and the defendant has had a specific number of days to reply or even after the trial.
In most instances the process of negotiating settlements involves an exchange of offers either via written correspondence or by phone. It can take weeks, months or even years. In this stage a mesothelioma lawyer who is skilled can help their client receive the highest possible compensation for their claim.
If a mesothelioma patient and their attorney cannot reach a settlement during the negotiation process, they could move to mediation which is a third party person who assists both parties to agree on a fair amount for compensation. It may take time however, it is usually less time-consuming than waiting for a decision from the jury.
For decades, asbestos producers hid the dangers associated with their products. In the end, many workers, military veterans and family members of those exposed to asbestos have been diagnosed with a deadly mesothelioma disease. These victims may be qualified for reimbursement for medical expenses, funeral costs, and lost wages.
Each case is different, the majority of mesothelioma claims end in an agreement. Asbestos companies would rather settle than risk losing a trial verdict. Moreover, they know that it will take time to prepare the case for trial.
Asbestos-related lawsuits may be filed in the appropriate state and jurisdiction to speed up the process. Certain states, like, have statutes that guarantee a court trial within one year. A nationally recognized mesothelioma lawyer can help victims file in the jurisdiction where they can receive the most compensation in the shortest period of time. In addition, some states have special laws that permit the statute of limitations to begin at the victim's diagnosis date or the date they passed away, not the date of their exposure. This is an excellent way to ensure the statute of limitations will not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a final settlement or verdict. The verdict may provide compensation to victims or their families. The verdict could also determine whether a defendant was responsible for a death or injury caused by asbestos.
The time required to reach a final verdict is different from case to case. The amount awarded and the strength of evidence and the number of parties involved all influence how long it takes to settle a mesothelioma lawsuit.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to protect their rights throughout the entire mesothelioma lawsuit procedure. Lawyers can assist families and victims to learn about the complex legal processes and deadlines. A lawyer can also ensure that the time limit does not expire before a victim receives compensation.
Once they have determined the type of mesothelioma claim is filed, the victims or their lawyers will start collecting all the necessary documents. This includes mesothelioma-related diagnosis documents and proof of exposure.
Based on the circumstances, there could be many asbestos trusts or companies that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will look into the history of exposure to asbestos and determine which companies are liable. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim against.
Asbestos lawsuits are unique. The lawsuits are usually brought by large companies who employ defense teams to attempt to stop the claim of the victim. Expert mesothelioma lawyers are able to stop these attempts and ensure that the case is moving forward.
If a mesothelioma lawsuit is not filed in time, the victim will be denied from receiving compensation. The statute of limitations varies from state to state and the statute of limitations for personal injury and wrongful death claims is different. If a victim, or their family member has any concerns regarding the statute of limitation and should contact a mesothelioma lawyer firm as soon as possible to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine when to file it in order to maximize the chances of a favorable outcome.