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Mesothelioma Lawsuit Timeline The mesothelioma statute of limitations is different from state to state. The clock begins to tick at the time that a patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death). A mesothelioma lawyer that is knowledgeable will know the statute of limitations in the state and how to speed up compensation to ensure that victims receive compensation as soon as possible. A quicker resolution means that compensation comes when families and patients need it most. The Discovery Phase After you file your mesothelioma lawsuit, attorneys for both sides will begin the discovery phase. This is a crucial aspect of the legal process and can last for 3 to 4 months. During this period, lawyers examine the evidence submitted to build your mesothelioma lawsuit and gather additional information regarding asbestos exposure in your past. Your lawyer will conduct an interview with you as well as any witnesses involved in the mesothelioma case. This may include depositions in person or written. Our mesothelioma lawyers are skilled in this area of litigation and will help you prepare for these depositions. A mesothelioma lawyer who is skilled will utilize the information that is gathered during the discovery process to determine which asbestos-related companies are responsible for your illness and injuries. Asbestos defendants don't want to pay compensation for the damage caused by their negligence, so they will likely attempt to delay the process as much as possible. This is why it is crucial to choose mesothelioma lawyers who provide skilled and aggressive legal representation. Settlements are typically used to pay compensation to asbestos victims financially. Settlements are typically done prior to trial, which saves both parties 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 your loved one has passed away from mesothelioma spouses and heirs have up to three years in which to submit a wrongful death claim to claim compensation on their behalf. The purpose of a mesothelioma lawsuit is to reach an early settlement or a verdict in the court. The American legal system is generally supportive of asbestos victims, which is why most mesothelioma lawsuits end in an agreement rather than going to trial. Some mesothelioma settlement offers are made as soon as the litigation begins and others are only made available after lawyers are aware of the strength of each party's case. The median verdict in mesothelioma cases is about $2 million. However, most claims are settled for less. plano mesothelioma lawsuit that get to the trial phase of a lawsuit generally take anywhere from a few months to a full year to resolve. Many mesothelioma cases are settled out of court. It is beneficial for the victims to receive compensation quicker than those who had to go through a lengthy verdict and trial process. Settlements do not require victims to file any appeals, which can linger on for years and delay compensation payments. The first step in mesothelioma cases is to gather evidence and information. A lawyer will review the employee's history to determine the extent of asbestos exposure and the companies responsible for their disease. Defendant lists are then created. Depending on a person's mesothelioma type as well as the companies that were involved, there could be multiple defendants in a single claim. Asbestos defendants might not be keen to pay large settlements and they may try a variety of ways to avoid paying victims. For instance, they may try to discredit medical records or conceal evidence of asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these tactics and thwart them. A mesothelioma lawyer may assist victims in reducing their legal timeframe. A person who is terminally sick can file a priority motion in court to speed up the process of litigation. The statute of limitations is a different aspect that influences a mesothelioma timeline. States have laws that restrict the time the person must file a claim. The time-limit for filing claims is running out, so victims and their families have to act fast. Mesothelioma lawyers can also expedite the legal process by making a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs join similar asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience in handling MDLs and is able to handle your case at a quicker rate than if you filed a separate lawsuit. If the mesothelioma lawsuit procedure goes smoothly, a verdict can be reached within days after the trial phase. However, if the trial is complex and results in a wrong verdict, it could take a few months or up to a year for victims to be awarded compensation. Settlement Negotiations Many asbestos victims, as well as their families are compensated without the need for the courtroom. It is possible for asbestos victims and their attorneys to settle a case prior to a trial. Settlements can be made after the initial offer has been made and the defendant has been given 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, whether in writing or over the phone. It can take months, weeks, or even years. At this point mesothelioma lawyers can assist their client in receiving the highest amount of compensation for their claim. If a mesothelioma sufferer and their attorney cannot reach a settlement in these negotiations, they may proceed to mediation which is a third-party person who helps both sides to agree on a fair amount for compensation. It can take time, but it is often quicker than waiting for a decision from the jury. Asbestos manufacturers hid the dangers of their products for a long time. Many workers, veterans, and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. This is which is a deadly cancer. These victims may be qualified for reimbursement for funeral expenses, medical costs, and lost wages. Most mesothelioma cases are settled, even though every case is different. Asbestos firms would rather settle than risk a negative verdict at trial. They also realize that preparing a case for a trial can take a long time. Asbestos victims and their attorneys can also speed up the process by filing lawsuits in the proper state and jurisdiction. For instance, some states have statutes of limitations that guarantee a trial within one year. A internationally recognized mesothelioma lawyer can help a victim file in the jurisdiction that can give them the highest amount of compensation within the shortest time. In addition, some states have special laws that allow the statute of limitations to begin on a victim's diagnosis date, or when they passed away, not the date of their exposure. This is a great method to ensure that the statute of limitation does not expire before victims receive compensation for mesothelioma. Final Verdict The final verdict or settlement is the end result of the mesothelioma case. The verdict can be awarded compensation to victims or their families. The verdict may also decide if a defendant was liable for a death or injury caused by asbestos. The length of time it takes to reach the final verdict is different from case to case. The amount of money awarded, the strength of the evidence and the number of parties involved all influence how long it takes to settle a mesothelioma lawsuit. Asbestos sufferers should hire an experienced lawyer as soon as they can to ensure their rights throughout the entire mesothelioma lawsuit process. Attorneys will help the families of victims to understand the complex legal procedures and deadlines. Lawyers can also ensure that the time limit does not expire before the victim receives compensation. After determining the mesothelioma case type is filed, the victim or their attorneys will begin gathering all the required documentation. This includes mesothelioma diagnoses and proof of exposure. Depending on the situation, there could be several asbestos companies that are liable or trust funds that will pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will research the victim's exposure history and determine which corporations are liable. They will also look into which companies have filed for bankruptcy and which asbestos trust fund to file a lawsuit against. Asbestos lawsuits are distinct. The lawsuits are usually brought by large companies who employ defense teams to try and derail the victim's claim. Mesothelioma lawyers who are experienced know how to stop these tactics 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 time limit for filing a lawsuit varies from one state to another and, for personal injury claims as well as wrongful deaths it is different. If a victim or a family member has any concerns about the statute of limitations and the time limit, they should contact a mesothelioma legal firm as soon as possible to discuss their options. A mesothelioma lawyer with experience will examine the case and determine where to file it in order to maximize the chance of a favorable outcome.