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Mesothelioma Lawsuit Timeline The mesothelioma statute of limitations is different from state to state. The clock starts ticking at the time that a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death). A mesothelioma lawyer who is knowledgeable will know the statute of limitations in the state and how best to expedite compensation to ensure that victims receive settlement as soon as they can. Compensation is available to the families of victims when they need it most. The Discovery Phase After filing your mesothelioma lawsuit attorneys from both sides will go through the discovery phase. This is an essential part of the legal process and often takes between 3 and 4 months. During this period lawyers will look over all evidence that has been provided to help build your mesothelioma case and gather additional information regarding asbestos exposure you've been exposed to in the past. Your attorney will also interview you and any witnesses involved in your mesothelioma claim. This could include written or in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interviews. A mesothelioma lawyer will utilize the information gathered during the discovery phase to determine the asbestos companies that are accountable for your illness or injuries. Asbestos defendants attempt to delay the process in order to avoid paying compensation for damage caused through their negligence. This is why it is essential to hire a mesothelioma law firm with experienced and aggressive legal representation. Asbestos victims are typically awarded substantial financial compensation through settlements. A lot of these settlements are made even before the trial is scheduled to take place which saves both parties a lot of time and anxiety. Based on the laws of your state 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 the discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If your loved one has passed away from mesothelioma spouses and heirs can have up to three years in which to make a claim for wrongful death for compensation on their behalf. The purpose of a mesothelioma case is to reach an early settlement or the case in the court. The American legal system tends to be supportive of the victims of asbestos producers, which is why the majority of mesothelioma lawsuits end with settlements instead of going to court. Certain settlement offers for mesothelioma can be immediately after the trial commences, while other settlement offers are not offered until lawyers are aware of the strengths and weaknesses of each claim. The median verdict in mesothelioma cases is around $2 million. However, the majority of cases are settled for less. The Trial Phase Mesothelioma cases that reach the trial stage of a lawsuit generally take between six months and a year to resolve. Many mesothelioma cases are settled without a court hearing. It is beneficial for victims to receive compensation quicker than if they had to go through a long trial and verdict process. Settlements do not require victims to file appeals that can take years to resolve and could delay payment. The initial phase of a mesothelioma lawsuit is gathering evidence and information. A lawyer will review the work history of a victim to pinpoint asbestos-related exposure and the companies responsible for their condition. Then a list of defendants is made. Based on a person's mesothelioma type as well as the companies that were involved, there may be several defendants listed in a single claim. Asbestos defendants are not eager to pay out large settlements and may resort to a variety of tactics to avoid paying victims. They may attempt to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are skilled in recognizing these tactics and how to defeat them. A mesothelioma lawyer can assist victims in reducing their legal process. If a person is diagnosed as terminally sick, they can submit a motion to have priority in the courtroom to speed up the litigation process. The statute of limitations is another factor that influences the timeframe for mesothelioma. This is because states have laws that limit the amount of time a person can make a claim for injury. The time-limit for filing claims is dwindling, so victims and their families must take action quickly. Mesothelioma lawyers can also speed up the legal process by making a request to join a mesothelioma multipledistrict litigation (MDL). MDLs are used to group asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case much faster than if you file separate lawsuits. If the mesothelioma litigation process goes well, a final verdict can be obtained within days after the trial phase. If the trial is lengthy and results in an unjust verdict, it may take up to a year, or up to one year for the victims to receive compensation. Settlement Negotiations Many asbestos victims, as well as their families receive compensation without the need to go through an in-courtroom. irving mesothelioma attorney is possible for victims and their lawyers 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 respond, or even after a trial has started. In the majority of cases the settlement negotiation process involves a back and forth exchange of offers, either through written correspondence or by phone. This can take months, weeks, or even years. During this phase, a knowledgeable mesothelioma lawyer can help their client get the most lucrative compensation for their claim. If the lawyer and the victim cannot reach an agreement during the negotiations the two parties can then move to mediation. This is where a third party person helps both sides come up with a fair compensation amount. It can take some time but is generally quicker than waiting for a verdict of the jury. Asbestos producers hid the dangers of their products for a long time. Many veterans, workers and family members of asbestos-exposed persons have been diagnosed with mesothelioma. It is which is a deadly cancer. They are eligible for compensation to cover funeral costs, medical bills and lost wages. Although every case is different, the majority of mesothelioma claims end in a settlement. Asbestos firms would rather settle rather than risk losing a verdict in court. They also know that making a case ready for trial will take some time. Asbestos victims and their attorneys can also accelerate the process by filing a lawsuit in the right state and in the right jurisdiction. Certain states, like, 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 can award them the most compensation in the shortest time. Additionally, certain states have special laws that allow the statute of limitations to begin at the victim's diagnosis date or the date they passed away, not the date of their exposure. This is an excellent way to ensure the statute of limitation does not run out before victims receive compensation for mesothelioma. Final Verdict The final verdict or settlement is the final result of the mesothelioma case. The verdict could be awarded compensation to victims or their loved ones. The verdict may also decide whether a defendant is liable for a death or injury caused by asbestos. The time it takes to reach a final verdict can differ from case case. The amount of money awarded as well as the strength of the evidence and the number of parties involved all influence how long it will take to resolve a mesothelioma case. Asbestos victims should seek out an experienced lawyer as soon as they can in order to protect their rights throughout the mesothelioma litigation process. Lawyers will assist the families of victims to understand the complexities of 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. After determining the type of mesothelioma lawsuit, the victims or their lawyers will begin collecting all necessary documentation to support the claim. This includes mesothelioma diagnosis records and proof of exposure. Depending on the circumstances, there may be several asbestos companies or trusts that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will look into the victim's history of asbestos exposure to determine which companies could be responsible. They will also look into the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit. Asbestos lawsuits are atypical. The lawsuits are usually brought by large companies who employ defense teams to try to thwart the victim's claim. Expert mesothelioma lawyers are able to stop these attempts and keep the case moving forward. If a mesothelioma lawsuit is not filed in time, the victim will be barred from receiving compensation. The statute of limitations differs between states and the time limit for personal injury and wrongful death claims is different. If someone who is a victim, or a family member has doubts regarding the statute of limitation and should consult a mesothelioma lawyer discuss their options. A skilled mesothelioma attorney will examine the case and decide where to file it in order to maximize the chance of a favorable outcome.