Mesothelioma Lawsuit Timeline Isn't As Difficult As You Think
Mesothelioma Lawsuit Timeline
The mesothelioma statute of limitation differs from state to state. The clock begins to tick at the time of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful deaths).
A mesothelioma lawyer who is experienced will understand the state statute of limitations and how best to expedite compensation to ensure that victims receive their compensation as quickly as they can. A faster resolution means compensation is available when the victims and their families are in need of it most.
The Discovery Phase
After you have filed your mesothelioma suit attorneys from both sides will begin the discovery phase. This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 months. During this time, lawyers will review the evidence provided to help build your mesothelioma claim and gather more information about the asbestos exposure you've experienced in the past. Your attorney will also interview you and any other witnesses involved in your mesothelioma claim. This could include written and in-person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will prepare you for these interviews.
A mesothelioma lawyer who is skilled will utilize the information collected during the discovery phase to determine which asbestos companies are responsible for your illness and injuries. Asbestos defendants are not eager to compensate you for the damage caused by their negligence, and will likely attempt to delay the process as long as they can. This is why it is essential to hire mesothelioma attorneys who have experienced and aggressive legal representation.
Settlements are often used to compensate asbestos victims financially. Many of these payouts are paid out before the trial takes place which saves both parties a significant amount of time and stress.
You are entitled to between one and five years, depending on the state laws or statutes of limitation from the time you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma during the last three years and their spouses or heirs can make an action for compensation.
The goal of a mesothelioma case is to achieve an early settlement or a verdict in court. The American legal system is generally sympathetic to the victims of asbestos manufacturers, which is why most mesothelioma lawsuits end in an agreement rather than going to trial.
Certain settlement offers for mesothelioma are immediately after the trial commences, while other settlement offers are not made until attorneys have a good understanding of the strength and weaknesses of each claim. The median verdict in a mesothelioma case is about $2 million. However, the majority of claims are settled for less.
Portland mesothelioma lawyers that get to the trial phase of a lawsuit usually take between six months and a year to settle. However, many mesothelioma cases are settled out of the court. This is advantageous to the victims as they can receive compensation much quicker than would be the case if they went through an extended trial and a lengthy verdict process. Settlements don't require victims to file appeals which can take years and delay payment.
The first phase of a mesothelioma case involves gathering evidence and information. Lawyers will examine a victim's work history to determine asbestos-related exposures and the companies responsible for their disease. Then the list of defendants is made. Based on a person's mesothelioma diagnosis and the type of company that were involved, there could be several defendants listed in a single claim.
Asbestos defendants might not be keen to pay large settlements, and they may try a variety of tactics to avoid paying victims. For instance, they may try to discredit medical records or hide evidence related to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these strategies and stop them.
A mesothelioma attorney can also assist victims in reducing their legal timeframe. If someone is terminally ill, they can make a motion for priority in court to speed up the litigation process.
The statute of limitations is a different factor that can affect mesothelioma's timeline. This is because each state has laws that limit the length of time it takes to file an injury claim. The injured party and their family members must act swiftly to stop the statute of limitations from expiring.
Lawyers who specialize in mesothelioma can also speed up the legal process by joining a multidistrict lawsuit. MDLs are used to organize asbestos lawsuits to facilitate faster processing. The Williams Law Firm is experienced in handling MDLs, and can handle your case more quickly than if you had filed separate lawsuits.
If the mesothelioma litigation process is successful, a verdict may be reached within days of the trial phase. If the trial is complicated and results in a wrong verdict, it could take several months or up to an entire year for victims to be awarded compensation.
Settlement Negotiations
Many asbestos victims and their families receive compensation without needing to go into the courtroom. This is because the victims and their attorneys can settle a matter prior to a trial. Settlements can take place after the initial offer was made and the defendant has had a certain number of days to reply or even after the trial.
In the majority of cases the settlement negotiation process involves an exchange of offers, either through written correspondence or over the phone. This can take months, weeks or even years. In this stage, a knowledgeable mesothelioma lawyer can help their client receive the maximum amount of compensation for their claim.
If a mesothelioma sufferer and their attorney cannot come to a settlement during these negotiations, they may move to mediation, which is a third-party person who assists both parties agree on a fair amount for compensation. It can take time, but it is often quicker than waiting for a decision from the jury.
For a long time, asbestos producers hid the dangers associated with their products. In the end, many workers, military veterans and relatives of those who were exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. The victims could be qualified for compensation for funeral expenses, medical costs and lost wages.
Each case is unique, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies prefer to settle rather than risk a bad verdict at trial. Moreover, they know that it takes time to prepare the case for trial.
Asbestos-related lawsuits may be filed in the correct state and jurisdiction to accelerate the process. Certain states, for instance, have statutes that guarantee a court trial within one year. A mesothelioma lawyer who is nationally recognized can help victims file in the state where they can receive the most compensation within the shortest amount of time. Some states have laws that allow the statute of limitation to start on a victim's diagnosis date or death, instead of their exposure dates. This is an excellent method to ensure that the statute of limitations does not expire before victims receive compensation for mesothelioma.
Final Verdict
The final verdict or settlement is the end result of the mesothelioma suit. The verdict could award compensation to the victims or their families. It may also determine whether or not a defendant is liable for an asbestos-related injury or death.
The time required to reach a decision will differ from case to situation. The amount awarded, strength of the evidence, and the number of parties affect the time it takes to settle mesothelioma cases.
Asbestos victims need to hire an experienced lawyer as soon as they can to ensure their rights throughout the entire mesothelioma lawsuit procedure. Lawyers can assist families and victims get a better understanding of the complex legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation because the statute of limitations has run out.
After determining the type of mesothelioma suit, victims or their attorneys will start collecting all the documentation required to support the claim. This includes mesothelioma-related diagnosis records and evidence of exposure.
Depending on the circumstances, there could be several asbestos companies or trusts that are responsible and will compensate the victim for their asbestos-related injuries. The lawyer will examine the history of the victim's asbestos exposure to determine which corporations could be responsible. They will also determine which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit with.
The asbestos lawsuits are atypical. The lawsuits are usually brought by large corporations that hire teams of defense attorneys to attempt to stop the victim's claim. Mesothelioma lawyers who are experienced know how to stop these tactics and keep the case moving forward.
The victim will not be eligible for compensation if a mesothelioma claim is not filed in time. The time limit for filing a lawsuit varies from one state to the next, and for personal injury claims as well as wrongful deaths, it's different. If a victim or a family member has any concerns regarding the statute of limitations, they should contact a mesothelioma law firm as soon as possible to discuss their options. A skilled mesothelioma attorney will review the case and determine when to file it to maximize the chance of a favorable outcome.