It's The Next Big Thing In Mesothelioma Lawsuit Timeline Mesothelioma Lawsuit Timeline

The time limit for mesothelioma is different 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 mesothelioma lawyer who's knowledgeable will know the state statute of limitations and the best way to speed up compensation to ensure that victims receive their compensation as soon as possible. A faster resolution means compensation is available when the families and victims require it the most.

The Discovery Phase


After filing your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. baldwin park mesothelioma law firm is an essential phase of the legal process and typically takes between 3 and 4 months. During this time lawyers will go through all evidence submitted to build your mesothelioma case and gather additional information about asbestos exposure you have experienced in the past. Your lawyer will conduct an interview with you and witnesses involved in the mesothelioma lawsuit. This may include written and in-person depositions. Our mesothelioma attorneys are seasoned in this particular aspect of litigation and will prepare you for these depositions.

A mesothelioma lawyer will use the information gathered in the discovery phase to determine the asbestos companies accountable for your injuries or illness. Asbestos defendants are not eager to compensate you for the harm they caused through their negligence, so they are likely to try to delay the process as much as possible. This is why it is important to retain mesothelioma lawyers who provide an experienced and affluent legal representation.

Asbestos victims are typically awarded substantial financial compensation via settlements. A lot of these settlements are made even before the trial is scheduled to take place, which saves both parties a great deal of time and stress.

Depending on your state laws and statutes of limitations depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or the discovery of mesothelioma, to file a suit for financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs can have up to three years to submit a wrongful death claim to claim compensation on their behalf.

A mesothelioma case is filed in order to secure the verdict of a judge or to reach a settlement prior to trial. The American legal system tends to be tolerant of the asbestos producers' victims and that is the reason why the majority of mesothelioma cases end in settlements rather than going to court.

Certain settlement offers for mesothelioma can be made as soon as the litigation starts, while others are not made until attorneys have a clear understanding of the strengths and weaknesses of each side's claim. The median verdict in mesothelioma cases is around $2 million. However, the majority of cases are settled for much less.

The Trial Phase

Mesothelioma cases that get to the trial phase of a lawsuit typically 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 sooner than those who had to endure a lengthy trial and verdict. Settlements do not require victims file appeals which can take years to resolve and could delay the payment.

The initial stage of a mesothelioma suit is gathering evidence and obtaining information. A lawyer will review the history of a patient's employment to identify asbestos-related exposure and the companies that are responsible for their disease. Then the list of defendants is compiled. Based on the mesothelioma type and which corporations were involved, there may be multiple defendants listed in a single claim.

Asbestos defendants might not be eager to pay large settlements and they may try a variety of ways to avoid paying victims. For example, they might attempt to refute medical records or conceal evidence of asbestos exposure. Our mesothelioma lawyers have experience in recognizing these tactics and strategies and how to stop them.

A mesothelioma lawyer can assist victims in reducing their legal process. If someone is terminally sick, they may submit a motion to have priority in court to speed up the legal process.

The statute of limitations is another aspect that influences the mesothelioma timeline. States have laws that restrict the time the person must file a claim. The injured party and their family members must act swiftly to stop the time limit from running out.

Mesothelioma lawyers can also speed up the legal process by submitting a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs group similar asbestos lawsuits for 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 trial process goes well, a final verdict can be obtained within days after the trial phase. However, if the trial is lengthy and results in a wrongful decision, it may take a few months or up to a year for victims to receive compensation.

Settlement Negotiations

Many asbestos victims, and their families, get compensation without the need for an in-courtroom. It is possible for the victims and their attorneys to settle a matter prior to trial. Settlements can take place after the initial offer has been made and the defendant has had a specific number of days to reply or even after the trial.

Mesothelioma lawsuits typically involve a back and forth exchange of offers in the settlement negotiation process, either through written correspondence or over the phone. This can take weeks, months or even years. At this point mesothelioma lawyers can assist their client in receiving the maximum compensation possible for their claim.

If the lawyer and the victim are unable to come to an agreement during these negotiations, then they can proceed to mediation. This is when a third party can help both sides come to a fair compensation amount. It may take a while but is generally faster than waiting for the verdict of a jury.

For a long time, asbestos producers hid the dangers associated with their products. Many workers, veterans, and family members of asbestos-exposed individuals have been diagnosed with mesothelioma. This is the most deadly form of cancer. These victims are eligible for compensation to cover funeral costs, medical bills and lost wages.

Each case is unique, most mesothelioma cases end in a settlement. Asbestos companies prefer to settle than be at risk of a poor verdict in court. They also realize that preparing a case for a trial will take some time.

Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. Some states, for example have laws which guarantee a trial within one year. A nationally recognized mesothelioma law firm can assist a victim in filing in the jurisdiction that will give them the highest amount of compensation in the shortest time. Some states have laws that allow the statute of limitations to begin at the victim's diagnosis date or their death date, rather than their exposure dates. This is a great way to ensure that the statute of limitations does not expire before victims receive mesothelioma compensation.

Final Verdict

The mesothelioma trial will conclude with a final settlement or verdict. The verdict may provide compensation to victims or their families. The verdict may also decide if a defendant was liable for the death or injury caused by asbestos.

The time it takes to reach a decision can vary from case to situation. The amount awarded, quality of evidence, and the number of parties have an impact on how long it takes to decide on mesothelioma cases.

Asbestos patients should consult experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist families and victims learn about the complex legal processes and deadlines. A lawyer can ensure that a claim is not denied compensation because the statute of limitations has run out.

After determining which type of mesothelioma claim is filed, victims or their lawyers will begin collecting all the necessary documentation. This includes mesothelioma-related diagnoses and evidence of exposure.

Based on the circumstances, there may be several asbestos companies or trusts which are liable and compensate a victim for their asbestos-related injuries. The lawyer will look into the history of exposure to asbestos and determine which corporations are responsible. They will also look into which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit.

The asbestos lawsuits are atypical. They are typically brought by large companies who employ teams of defense lawyers to attempt to stop the claim of the victim. Expert mesothelioma lawyers are able to stop these attempts and keep the case moving forward.

If a mesothelioma claim is not filed by the deadline, the victim will be barred from receiving compensation. The statute of limitation varies from one state to another and, for personal injury claims as well as the wrongful death of a person, it differs. If the victim, or family member has any doubts about the statute of limitations, they should immediately 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 maximize the chance of a successful outcome.