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Mesothelioma Lawsuit Timeline The mesothelioma statute of limitation differs from state to state. The clock starts ticking from the time the patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death). A skilled mesothelioma attorney understands the limitations of state law and how to speed up the process of obtaining compensation as quickly as possible. Compensation is available to families of victims and the affected when they require it most. The Discovery Phase After you have filed your mesothelioma suit, attorneys for both sides will begin the discovery phase. This is an essential phase of the legal process, and usually takes between 3 and 4 months. During this period lawyers will go through all evidence provided to help build your mesothelioma claim and gather more information regarding asbestos exposure you've experienced in the past. Your attorney will also interview you and any other witnesses who are involved in your mesothelioma case. This could include written or in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interviews. A mesothelioma lawyer who is skilled will use the information that is gathered during the discovery process to determine which asbestos companies are responsible for your injuries and illnesses. Asbestos defendants attempt to delay the process so that they can avoid paying compensation for damages caused due to their negligence. This is why it's 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 made even before the trial takes place, which saves both parties a lot of 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 of yours has passed away from mesothelioma spouses and heirs can have three years to make a claim for wrongful death to claim compensation on their behalf. The goal of a mesothelioma lawsuit is to achieve a pre-trial settlement or win a verdict in court. The American legal system is generally sympathetic to asbestos manufacturers' victims, which is why most mesothelioma lawsuits end in an agreement rather than going to trial. Some settlement offers for mesothelioma can be made immediately after the litigation commences, while other settlement offers are not made until attorneys have a good understanding of the strength and weakness of each party's claim. The median verdict in a mesothelioma case is about $2 million. However, most claims are settled for less. The Trial Phase Mesothelioma cases that get to the trial stage of a lawsuit typically take months to a year to resolve. A majority of mesothelioma cases settle outside of court. This is advantageous for the victims because they are able to receive compensation faster than would be the case if they went through a lengthy trial and verdict process. Settlements also do not require victims to file appeals, which could drag on for years and cause delays to the payment of compensation. The initial stage of a mesothelioma lawsuit involves gathering evidence and obtaining information. A lawyer will go over the victim's employment history to determine asbestos exposure and the companies that are responsible for their condition. Defendant lists are created. Based on rock hill mesothelioma attorneys and which corporations were involved, there could be multiple defendants listed in one claim. Asbestos defendants may not be eager to pay large settlements and they may employ a variety of tactics to avoid paying victims. They might try to hide evidence or deny medical records related to asbestos exposure. Our mesothelioma lawyers are experienced and are able to recognize these tactics and deter them. A mesothelioma lawyer can assist a victim in reducing their legal timeline. If a person is diagnosed as terminally ill, they can make a motion for priority in the courtroom to speed up the litigation process. The statute of limitations is another factor that affects the mesothelioma timeline. This is because each state has laws that limit the amount of time it takes to file an injury claim. The statute of limitations is expiring, which means victims and their families have to take action quickly. Lawyers who specialize in mesothelioma can also accelerate the legal process by joining multidistrict litigation. MDLs can be used to group asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case faster than if you had filed separate lawsuits. If the mesothelioma litigation process goes smoothly, a verdict can be reached within days of the trial phase. If the trial is complicated and leads to a wrongful verdict, it can take several months or up to an entire year for victims to receive compensation. Settlement Negotiations Many asbestos victims, as well as their families receive compensation without the need for the courtroom. This is because the victims and their lawyers can settle a case prior to the start of a trial. Settlements can be made after the initial offer has been made and the defendant has had a certain amount of time to respond or even after the trial. Mesothelioma lawsuits typically involve a back and forth exchange of offers in the settlement negotiation process, via written correspondence or via phone. The process can last for weeks, months, or even years. During this phase, a knowledgeable mesothelioma lawyer can assist their client in obtaining the highest possible compensation for their claim. If a mesothelioma patient and their lawyer are unable to reach a settlement during the negotiation process, they could move to mediation, which is a third-party person who helps both sides agree on a fair compensation amount. It can take some time however, it is usually less time-consuming than waiting for a decision from a jury. For decades, asbestos manufacturers concealed the dangers of their products. As a result, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a fatal mesothelioma disease. The victims can claim compensation to pay for funeral expenses, medical bills and lost wages. Most mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle than risk a bad verdict at trial. Moreover, they know that it will take a long time to prepare a case for trial. Asbestos-related lawsuits can be filed in the proper state and jurisdiction to speed up the process. For example, some states have statutes of limitation that allow for a trial to be held within one year. A mesothelioma lawyer who is nationally recognized can help victims file in the state that will allow them to receive the highest amount of compensation within the shortest amount of time. Additionally, certain states have special laws that permit the statute of limitations to begin at the victim's diagnosis date or the date they died, instead of their exposure dates. This is a great way to ensure that the statute of limitations does not run out before victims receive mesothelioma settlements. Final Verdict The mesothelioma case will end with a settlement or verdict. The verdict may provide compensation to victims or their families. It may also determine whether the defendant is responsible for an asbestos-related injury, or death. The amount of time required to reach a final verdict will vary from case to. The amount of money awarded, the quality of the evidence and number of parties all have an impact on the time it takes to settle a case of mesothelioma. Asbestos victims should hire experienced lawyers as soon as they can to ensure that their rights are protected throughout the mesothelioma lawsuit process. Lawyers will assist victims and their families to understand the complicated legal procedures and deadlines. Lawyers can also ensure that the time limit does not expire before a victim is able to receive compensation. Once they have determined the mesothelioma type of claim is filed, the victim or their attorneys will begin collecting all the necessary documents. This includes mesothelioma diagnosis and proof of exposure. Based on the particular case, there could be a variety of asbestos companies or trust funds that compensate the victim for their asbestos-related harms. The lawyer will investigate the victim's exposure history and determine which corporations are liable. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against. Asbestos lawsuits are atypical. They usually involve large corporations with teams of highly skilled defense lawyers paid large retainer fees to try and derail a victim's claim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward. The victim is not eligible for compensation if a mesothelioma suit is not filed by the deadline. The time limit for filing a lawsuit differs 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 questions about the statute of limitations, they should immediately seek out a mesothelioma attorney to discuss their options. A mesothelioma lawyer will review the case to determine where to file it in order to maximize the odds of a positive result.