Mesothelioma Lawsuit Timeline
The statute of limitations for mesothelioma is different from one state to another. The clock starts ticking from the date of the diagnosis (for personal injury claims) or death (for claims for wrongful death).
A skilled mesothelioma attorney understands the limitations of state law and how to speed up the process to get compensation as soon as is possible. A faster resolution means that compensation is available when families and victims need it most.
The Discovery Phase
Following the filing of a mesothelioma case, attorneys from both sides will begin the discovery phase. This is a crucial part of the legal process and can last from 3-4 months. During this time lawyers will go through all evidence presented to establish your case for mesothelioma and gather additional information about the asbestos exposure you've been exposed to in the past. Your lawyer will also question you and any other witnesses involved in your mesothelioma claim. This may include depositions in person and in writing. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.
A skilled mesothelioma lawyer will utilize the information that is gathered during the discovery process to determine which asbestos companies are liable for your illness and injuries. Nashua mesothelioma lawyer don't want to compensate for the harm they caused through their negligence, so they will likely try to stall the process as much as possible. This is why it is crucial to choose a mesothelioma law firm with experienced and aggressive legal representation.
Settlements are typically used to compensate asbestos victims financially. A large portion of these settlements are paid out before trial commences which can save both parties a significant amount of time and stress.
Depending on your state laws and statutes of limitation depending on your state laws and statutes of limitations, you have up to five years from the time of diagnosis or discovery of mesothelioma, to file a suit for financial compensation. If a loved one of yours has passed away from mesothelioma spouses and heirs can have up to three years to make a claim for wrongful death for compensation on their behalf.
A mesothelioma lawsuit is filed in order to secure the verdict of a judge or to reach a settlement before trial. The American legal system is generally supportive of the victims of asbestos manufacturers, which is why most mesothelioma cases end with the form of a settlement instead of going to trial.
Certain settlement offers for mesothelioma can be made immediately after the litigation commences, while other settlement offers are not offered until lawyers have a good understanding of the strength and weaknesses of each party's claim. The median verdict in a mesothelioma case is about $2 million. However, most claims are settled for much less.
The Trial Phase
Mesothelioma cases that get to the trial stage of a lawsuit usually take between a year and months to settle. However, a lot of mesothelioma lawsuits settle out of court. This is advantageous for the victims as it allows them to receive compensation much quicker than would be the case in the event of an extended trial and a lengthy verdict process. Settlements do not require victims to file appeals that can take years and delay payment.
The first phase of a mesothelioma lawsuit involves gathering information and evidence. A lawyer will go over the victim's employment history to determine asbestos exposure as well as the companies that are responsible for their condition. Then a list of defendants is created. Multiple defendants may be listed based on the kind of mesothelioma as well as the companies involved.
Asbestos defendants aren't eager to settle large sums and may employ different strategies to avoid paying victims. For instance, they may try to discredit medical records or conceal evidence relating to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and deter them.
A mesothelioma lawyer may also help victims shorten their legal process. If a person is diagnosed as terminally ill, they can make a motion for priority in court to speed up the litigation process.
The statute of limitations is another factor that can affect a mesothelioma timeline. States have laws that limit how long a person has to file a claim. The time-limit for filing claims is dwindling, so victims and their families must act fast.
Mesothelioma lawyers may also speed up the legal process by submitting an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs are used to group asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case faster than if you had filed separate lawsuits.
If the mesothelioma lawsuit process is smooth, a decision can be reached within days of the trial phase. If the trial is lengthy and results in an unjust decision, it could take up to a year, or up to a year for victims to receive compensation.
Settlement Negotiations
Many asbestos victims and their families are granted compensation without ever needing to go into the courtroom. This is due to the fact that victims and their lawyers can settle a case before a trial. Settlements can be made after the initial offer has been made and the defendant is given a certain number of days to respond, or even after a trial has begun.
In most instances the process of negotiating settlements involves a back and forth exchange of offers either via written correspondence or over the phone. It can take weeks, months or even years. In this stage a mesothelioma lawyer who is skilled can help their client get the maximum amount of amount of compensation they can get for their claim.
If a mesothelioma victim and their attorney cannot reach a settlement during these negotiations, they may move to mediation, which is a third-party person who helps both sides agree on a fair amount of compensation. This can also take time however, it is usually much shorter than waiting for a decision from a jury.
Asbestos manufacturers concealed the dangers of their products for decades. This is why many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with the deadly mesothelioma disease. These victims are eligible for compensation to pay for funeral expenses, medical bills and lost wages.
Each case is unique, most mesothelioma lawsuits end with a settlement. Asbestos companies would rather settle rather than risk losing a trial verdict. Furthermore, they are aware that it will take time to prepare the case for trial.
Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. Certain states, for instance, have statutes which guarantee a trial within a year. A nationally recognized mesothelioma law firm can assist a victim in filing in the jurisdiction that will provide them with the highest compensation within the shortest time. Additionally, certain states have special laws that allow the statute of limitations to begin on a victim's diagnosis date or the date they passed away, not the date of their exposure. This is an excellent method to ensure that the statute of limitations does not expire before the victims receive compensation for mesothelioma.
Final Verdict
The mesothelioma trial will conclude with a settlement or verdict. The verdict could be awarded compensation to victims or their loved ones. It will also decide whether or not a defendant is liable for an asbestos-related injury, or death.
The time needed 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 the time it takes to resolve a case of mesothelioma.
Asbestos sufferers should hire an experienced lawyer as soon as they can in order to protect their rights throughout the entire mesothelioma litigation process. Lawyers can assist victims and their families to understand the complicated legal procedures and deadlines. A lawyer can also ensure that the time limit does not expire before a victim receives compensation.
After determining the nature of mesothelioma suit, victims or their lawyers will start collecting all necessary documentation for the claim. This includes mesothelioma diagnosis records and evidence of exposure.
Depending on the circumstances, there may be many asbestos trusts or companies which are liable and compensate the victim for their asbestos-related injuries. The lawyer will investigate the victim's exposure history and 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 with.
Asbestos-related lawsuits are not common. The lawsuits are usually brought by large corporations that hire teams of defense attorneys to try and derail the claim of the victim. Experienced mesothelioma attorneys are able to stop these efforts and keep the lawsuit moving.
The victim isn't entitled to compensation if a mesothelioma suit is not filed by the deadline. The statute of limitations varies between states and the statute of limitations for personal injury and claims for wrongful deaths is different. If a victim, or a family member has any doubts about the statute of limitations and should contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer will look over the case and determine the best way to file it to increase the chances of a successful outcome.