Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma differs from state to state. The clock starts ticking from the date of the diagnosis (for personal injury claims) or death (for claims for wrongful death).
A knowledgeable mesothelioma lawyer is aware of the limitations of state law and how to expedite the process to receive the compensation as fast as is possible. A faster resolution means compensation is available when families and victims are in need of it most.
The Discovery Phase
After filing your mesothelioma lawsuit attorneys from both sides will enter the discovery phase. This is an essential phase of the legal process, and usually takes anywhere from 3 to 4 months. During this period, lawyers will review all evidence that has been presented to establish your mesothelioma case and gather additional information regarding asbestos exposure you've had in the past. Your attorney will also interview you and any other witnesses involved in your mesothelioma claim. This could include written or in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interviews.
A mesothelioma attorney will use the information gathered in the discovery phase to determine the asbestos companies responsible for your injuries or illness. Asbestos defendants may try to delay the process in order to avoid paying compensation for damages caused by their negligence. This is why it's important to retain mesothelioma lawyers who provide experienced and aggressive legal representation.
Settlements are typically used to compensate asbestos victims financially. Many of these payouts are made even before the trial is scheduled to take place, which saves both parties a lot of time and stress.
St. Petersburg mesothelioma attorney are entitled to between one to five years, based on the state laws or statutes of limitations, 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 can submit an action for compensation.
The aim of a mesothelioma case is to reach an agreement before trial or an award in court. The American legal system is generally sympathetic to asbestos manufacturers' victims this is why the majority of mesothelioma lawsuits result in the form of a settlement instead of going to trial.
Some settlement offers for mesothelioma are immediately after the trial starts, while others are not announced until attorneys are aware of the strength and weakness of each claim. The median verdict in a mesothelioma lawsuit is about $2 million. However, the majority of cases are settled for less.
The Trial Phase
Mesothelioma cases that reach the trial phase of a lawsuit usually take between six months and a year to be resolved. However, a lot of mesothelioma lawsuits end up in court. It is beneficial for victims to receive compensation faster than if they had to endure a lengthy trial and verdict. Settlements do not also oblige victims to file appeals, which can linger on for years and delay compensation payments.
The initial phase of a mesothelioma suit is gathering information and evidence. A lawyer will go over the employee's history to determine asbestos exposure as well as the companies that are responsible for their condition. Then the list of defendants is created. There may be multiple defendants listed depending on the type of mesothelioma, as well as the corporate involved.
Asbestos defendants might not be eager to settle large sums of money and they might try a variety strategies to avoid paying victims. They may try to conceal evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced in recognizing these tactics and strategies and how to stop them.
A mesothelioma lawyer could also assist patients in reducing their legal process. If someone is terminally sick, they can submit a motion to have priority in the courtroom to speed up the litigation process.
The statute of limitations is a different factor that can affect mesothelioma's timeline. States have laws that limit the time a person has to make an action. Victims and their loved ones must act swiftly to stop the time limit from expiring.
Mesothelioma lawyers may also speed up the legal process by making a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs join similar asbestos lawsuits together for quicker processing. The Williams Law Firm is experienced in handling MDLs and can handle your case more quickly than if you file separate lawsuits.
If the mesothelioma lawsuit procedure goes smoothly, a verdict is reached within a few days after the trial phase. If the trial is lengthy and results in a wrong verdict, it can take a few months or up to an entire year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families are awarded compensation without needing to go into a courtroom. This is because the victims and their lawyers can 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 specific number of days to reply or even after the trial.
Mesothelioma lawsuits usually involve a back-and-forth exchange of offers in the settlement negotiation process, via written correspondence or via phone. This can take weeks, months or even years. At this point, a mesothelioma attorney can help their client get the most compensation they can for their claim.
If a mesothelioma victim 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 reach an agreement on a fair amount of compensation. It may take a while but is generally quicker than waiting for the verdict of the jury.
For decades, asbestos manufacturers hid the dangers associated with their products. This is why many military veterans, workers and family members of those exposed to asbestos have been diagnosed with the deadly mesothelioma cancer. These victims may be entitled to reimbursement for funeral expenses, medical costs and lost wages.
The majority of mesothelioma cases settle, even though every case is unique. Asbestos companies prefer to settle rather than be at risk of a poor verdict in court. They also know that the preparation of a case for trial will take time.
Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to accelerate the process. Certain states, for instance have laws that guarantee a court trial within one year. A nationally recognized mesothelioma law firm can help a victim file in the state that will give them the highest amount of compensation in the shortest time. In addition, some states have special laws that allow the statute of limitation 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 victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma case will end with a final verdict or settlement. The verdict may be awarded compensation to the victims or their families. It will also decide whether or not a defendant is liable for an asbestos-related injury, or death.
The time required to reach a final verdict varies from case to case. The amount of money awarded, the strength of the evidence and the number of parties involved all impact how long it takes to settle a mesothelioma lawsuit.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma litigation process. Attorneys can help families and victims get a better understanding of the complex legal procedures and deadlines. A lawyer can also ensure that the statute of limitations does not expire before a victim is able to receive compensation.
Once they have determined the mesothelioma type of claim is filed, the victims or their attorneys will begin collecting all the necessary documentation. This includes mesothelioma diagnosis documents and proof of exposure.
Depending on the case, there could be multiple liable asbestos companies or trust funds that pay a victim compensation for their asbestos-related harms. The lawyer will investigate the history of exposure to asbestos and determine which corporations are liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to make a claim to.
Asbestos-related lawsuits are not common. They typically involve large companies with teams of experienced defense lawyers paid large retainer fees to try to stop a victim's claim. Expert mesothelioma lawyers are able to stop these efforts and keep the case moving forward.
If a mesothelioma lawsuit is not filed within the timeframe, the victim will be barred from receiving compensation. The statute of limitations differs from one state to the next and also for personal injury claims and the wrongful death of a person, it differs. If a victim, or a family member has doubts about the statute of limitations or the time limit for filing a claim, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it to maximize the odds of a positive result.