5 Myths About Mesothelioma Lawsuit Timeline That You Should Stay Clear Of
Mesothelioma Lawsuit Timeline
The time limit for mesothelioma differs from state to state. The clock starts ticking at the time of the diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A skilled mesothelioma attorney understands the statutes of limitations in each state and how to speed up the process to receive the compensation as fast as is possible. A quicker resolution means that compensation comes when victims and their families need it most.
The Discovery Phase
After filing your mesothelioma lawsuit, attorneys for both sides will go through the discovery phase. This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 months. During this period lawyers will look over all evidence submitted to build your mesothelioma claim and gather more information about the asbestos exposure you've been exposed to in the past. Your lawyer will conduct an interview with you and witnesses involved in the mesothelioma trial. This may include written and in-person depositions. Our mesothelioma attorneys are seasoned in this aspect of the litigation and will help you prepare for these depositions.
A skilled mesothelioma lawyer will use the information collected during the discovery phase to determine which asbestos companies are accountable for your injuries and illnesses. Asbestos defendants don't want to pay compensation for the harm caused by their negligence, therefore they will likely attempt to delay the process as long as they can. This is why it is essential to hire mesothelioma attorneys who have skilled and aggressive legal representation.
Plantation mesothelioma attorney are typically awarded substantial financial compensation through settlements. A large portion of these settlements are made before trial commences which can save both parties a great deal of time and anxiety.
You have between one and five years, based on the state law or statutes of limitation, starting from the day you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma spouses and heirs are entitled to three years to make a claim for wrongful death to claim compensation on their behalf.
The aim of a mesothelioma case is to negotiate an early settlement or the case in court. The American legal system is generally sympathetic to asbestos manufacturers' victims and that is the reason why most mesothelioma lawsuits result in a settlement rather than going to trial.
Some settlement offers for mesothelioma are immediately after the trial commences, while other settlement offers are not announced until attorneys have a clear understanding of the strength and weakness of each side's claim. The mesothelioma average trial verdict is around $2 million, but the majority of cases settle for less than that.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit usually take anywhere from a few months to a full year to settle. However, a lot of mesothelioma lawsuits settle out of court. It is beneficial for the victims to receive compensation faster than those who had to go through a lengthy verdict and trial process. Settlements also do not oblige victims to file appeals, which can linger on for years and cause delays to the payment of compensation.
The first phase of a mesothelioma lawsuit involves gathering evidence and obtaining information. Lawyers will examine the history of a patient's employment to pinpoint asbestos-related exposure and the companies that are responsible for their disease. Defendant lists are then created. Based on the mesothelioma diagnosis and the type of company that were involved, there may be multiple defendants listed in one claim.
Asbestos defendants might not be eager to pay large settlements and they might try a variety ways to avoid paying victims. For example, they might attempt to refute medical records or conceal evidence relating to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and deter them.
A mesothelioma lawyer can assist a victim in reducing their legal process. If a person is terminally sick, they can file a motion for priority in court to speed up the legal process.
The statute of limitations is another aspect that influences the timeframe for mesothelioma. States have laws that restrict how long a person has to make an action. The time limit for filing a claim is running out, so victims and their families have to act fast.
Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict litigation. MDLs can be used to group asbestos lawsuits for faster 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 can be reached within days of the trial phase. If the trial is complicated and leads to an incorrect decision, it could take several months, or up to one year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families are compensated without the need for a courtroom. It is possible for the victims and their attorneys to settle a case prior to a trial. Settlements can occur after the initial offer has been made and the defendant is given a certain number of days to make a response, or even after a trial has begun.
Mesothelioma lawsuits typically involve a back and forth exchange of offers during the settlement negotiation process, via written correspondence or over the phone. This can take weeks, months or even years. During this stage mesothelioma lawyers can help their client get the highest amount of compensation for their claim.
If a mesothelioma patient and their attorney cannot reach a settlement during these negotiations, they may proceed to mediation, which is a third-party person who assists both parties reach an agreement on a fair compensation amount. It can take some time but is generally faster than waiting for the verdict of juries.
Asbestos manufacturers hid the dangers of their products for a long time. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with a fatal mesothelioma disease. The victims can claim compensation to pay for funeral costs, medical bills and lost wages.
Although every case is unique, most mesothelioma lawsuits end with a settlement. Asbestos companies prefer to settle than risk a bad verdict at trial. Furthermore, they are aware that it takes time to prepare an argument for trial.
Asbestos-related lawsuits can be filed in the proper state and jurisdiction to expedite the process. Certain states, like, have statutes that guarantee a court trial within a year. A well-known mesothelioma law firm can assist victims in filing in the state that will give them the highest amount of compensation in the shortest time. Certain states have laws that permit the statute of limitation to begin at the victim's diagnosis date or their death date, not the date of their exposure. This is an excellent method to ensure that the statute of limitations does not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma trial will conclude with a final verdict or settlement. The verdict may award compensation to the victims or their loved ones. It could also determine whether the defendant is liable for an asbestos-related injury, or death.
The time it takes to reach a final decision will differ from case to case. The amount awarded, strength of the evidence, and the number of parties have an impact on how long it takes to resolve a case of mesothelioma.
Asbestos victims need to hire an experienced lawyer as soon as they can in order to protect their rights throughout the mesothelioma lawsuit process. Attorneys will help victims and their families understand the complex legal procedures and deadlines. Lawyers can also ensure that the statute of limitations does not expire before the victim receives compensation.
Once they have determined the type of mesothelioma suit, victims or their lawyers will start collecting all necessary documentation for the claim. This includes mesothelioma diagnosis and evidence of exposure.
Based on the particular situation, there could be several asbestos companies that are liable or trust funds that pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will investigate the history of the person's asbestos exposure to determine which corporations are liable. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.
Asbestos-related lawsuits are not common. They are typically brought by large corporations that employ teams of defense lawyers to try to thwart the claim of the victim. Experienced mesothelioma attorneys know how to defy these efforts and keep the lawsuit going.
If a mesothelioma suit is not filed in time the victim will be denied from receiving compensation. The statute of limitations differs from one state to another and, for personal injury claims as well as the wrongful death of a person, it differs. If a victim, or a family member has doubts regarding the statute of limitation 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 to determine where to file it to increase the chance of a successful result.