Mesothelioma Lawsuit Timeline
The time limit for mesothelioma is different from one state to another. The clock starts ticking from the time that a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).
A mesothelioma lawyer who's skilled will be aware of the statute of limitations for the state and the best way to speed up compensation to ensure that victims receive their compensation as soon as possible. Compensation is available to the families of victims when they require it most.
Hartford mesothelioma lawsuit
Following the filing of a mesothelioma case, attorneys from both sides will start the discovery phase. This is an essential part of the legal process and often lasts from 3-4 months. During this time, lawyers will review the evidence presented to establish your case for mesothelioma and gather additional information about asbestos exposure you have experienced in the past. Your lawyer will question you as well as witnesses in the mesothelioma trial. This could involve both written and in person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will help you prepare for these interviews.
A skilled mesothelioma lawyer will use the data that is gathered during the discovery process to determine which asbestos-related companies are liable for your illness and injuries. Asbestos defendants will attempt to delay the process in order to avoid paying compensation for damage caused through their negligence. Therefore, it is essential to choose a mesothelioma attorney with experience and aggressive representation.
Settlements are usually used to compensate asbestos victims financially. Settlements are typically done prior to trial, which saves both parties time and stress.
You have between one to five years, based on the state laws or statutes of limitation, from the date you were diagnosed with mesothelioma. If a loved one has passed away from mesothelioma in the last three years their spouses or heirs can file an application for compensation.
A mesothelioma case is filed to secure a court verdict or reach a settlement before trial. The American legal system is generally sympathetic to asbestos manufacturers' victims this is why the majority of mesothelioma lawsuits end in an agreement rather than going to trial.
Some settlement offers for mesothelioma settlements are made immediately after the litigation commences, while other settlement offers are not announced until attorneys have a clear understanding of the strength and weaknesses of each claim. The mesothelioma average trial verdict is around $2 million, however the majority of claims settle for far less than that.
The Trial Phase
Cases of mesothelioma that reach the trial phase of a lawsuit usually take between six months and a year to resolve. A majority of mesothelioma cases settle outside of court. It is advantageous for victims to receive compensation faster than the case if they had to go through a lengthy verdict and trial process. Settlements do not require victims to file any appeals, which could drag on for years and delay the payment of compensation.
The initial stage of a mesothelioma suit is gathering evidence and information. A lawyer will look over the work history of a victim to determine asbestos-related exposures and the companies that are responsible for their disease. The defendant lists are then compiled. Multiple defendants may be listed based on the type of mesothelioma and the corporations involved.
Asbestos defendants may not be eager to pay large settlements and they may try a variety of ways to avoid paying victims. They may attempt to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these tactics and deter them.
A mesothelioma lawyer may also assist patients in reducing their legal timeline. Someone who is terminally sick can file a priority motion in court to speed up the litigation process.
The statute of limitations is yet another aspect that influences mesothelioma's timeline. This is due to states having laws that limit the length of time that a person has to make a claim for compensation. The statute of limitations is dwindling, so the victims and their families need to be quick to act.
Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict lawsuit. MDLs bring similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience with MDLs and can handle your case at a quicker rate than if you had filed a separate lawsuit.
If the mesothelioma lawsuit process is smooth, a decision is reached within a few days after the trial phase. However, if the trial is complex and results in a wrong verdict, it can take a few months or up to a year for the victims to receive compensation.
Settlement Negotiations
Many asbestos victims, and their families are compensated without having to enter a courtroom. It is possible for victims and their attorneys to settle a case prior to trial. Settlements can take place after the initial offer was made and the defendant has been given a certain number of days to respond or even after the trial.
Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process, either through written correspondence or via phone. This process could take weeks or months, or even years. During this phase a mesothelioma lawyer who is skilled can help their client get the highest possible amount of compensation for their claim.
If a mesothelioma patient and their lawyer are unable to reach a settlement during the negotiation process, they could go to mediation which is a third party person who helps both sides agree on a fair amount for compensation. It can take time but is typically quicker than waiting for a verdict from a jury.
Asbestos manufacturers hid the dangers of their products for years. Many workers, veterans, and relatives of asbestos-exposed persons have been diagnosed with mesothelioma, a deadly cancer. The victims can claim compensation to pay for funeral costs, medical bills and lost wages.
While each case is unique, most mesothelioma cases end in an agreement. Asbestos firms would rather settle than risk a negative verdict at trial. They also realize that preparing a case for a trial will take some time.
Asbestos victims and their attorneys can also speed up the process by filing a lawsuit in the right state and within the appropriate jurisdiction. For example, some states have statutes of limitation which guarantee a trial within one year. A well-known mesothelioma law firm can assist victims in filing in the jurisdiction that will provide them with the highest compensation within the shortest time. Additionally, certain states have laws that permit the statute of limitations to start on a victim's diagnosis date or when they died, instead of the date of their exposure. This is a great way to ensure the statute of limitation does not expire before victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma lawsuit will end with a verdict or settlement. The verdict could provide compensation to victims or their families. It will also decide whether or not a defendant is accountable for an asbestos-related injury or death.
The amount of time required to reach a final decision will vary from case to. The amount awarded, quality of evidence, and the number of parties have an impact on how long it takes to settle mesothelioma cases.
Asbestos victims should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist victims and their families understand the complicated 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 type of mesothelioma suit, victims or their lawyers will start collecting all necessary documentation for the claim. This includes mesothelioma-related diagnosis records and proof of exposure.
Based on the specific circumstances, there could be various asbestos trusts or companies that are liable and will compensate the victim for their asbestos-related injuries. The lawyer will research the history of exposure and determine which companies are responsible. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against.
Asbestos lawsuits are distinct. They are typically brought by large corporations that hire teams of defense attorneys to try to thwart the victim's claim. Mesothelioma lawyers who are experienced know how to stop these attempts and keep the case moving forward.
If a mesothelioma suit is not filed within the timeframe the victim will be disqualified from receiving compensation. The statute of limitations differs from one state to the next and also for personal injury claims and wrongful deaths, it's different. If someone who is a victim, or a family member has doubts about the statute of limitations and should 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 chance of a successful outcome.