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Mesothelioma Lawsuit Timeline The mesothelioma statute of limitation is different from state to state. The clock begins ticking off from the date of a patient's diagnosis (for personal injury claims) or death (for claims for wrongful death). A mesothelioma lawyer who's knowledgeable will know the statute of limitations for the state and the best way to speed up compensation to ensure that victims receive their settlement as soon as they can. Compensation is available to families of victims and the affected when they need it most. The Discovery Phase After you file your mesothelioma lawsuit, attorneys for both sides will enter the discovery phase. This is an important part of the legal procedure and can last for 3 to 4 month. During this time, lawyers review the evidence submitted to create your mesothelioma claim and collect additional information about asbestos exposure in your past. Your lawyer will also question witnesses, including you, involved in your mesothelioma claim. This may include written and in person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews. A mesothelioma lawyer will use the information gathered in the discovery phase to identify the asbestos-related companies accountable for your injury or illness. Asbestos defendants attempt to delay the process in order to avoid paying compensation for damages caused by their negligence. Therefore, it is essential to hire a mesothelioma lawyer with experience and aggressive representation. Asbestos victims are typically awarded significant financial compensation in settlements. Settlements are typically done prior to trial, thereby saving both parties time and stress. You are entitled to 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 died of mesothelioma spouses and heirs are entitled to up to three years to submit a wrongful death claim for compensation on their behalf. The aim of a mesothelioma suit is to negotiate an early settlement or a verdict in court. The American legal system is generally supportive of the victims of asbestos manufacturers this is why the majority of mesothelioma lawsuits end in an agreement rather than going to trial. Some settlement offers for mesothelioma settlements are made immediately after the litigation begins, while others are not offered until lawyers are aware of the strength and weakness of each side's claim. The median verdict in mesothelioma cases is approximately $2 million. However, the majority of claims 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 resolve. A majority of mesothelioma cases settle outside of court. It is advantageous for victims to receive compensation quicker than if they had to endure a lengthy trial and verdict. Settlements don't require victims to make appeals, which can take years and delay the payment. The first phase of mesothelioma cases is to gather evidence and data. A lawyer will look over the work history of a victim to identify asbestos-related exposure and the companies that are responsible for their condition. Then a list of defendants is created. Based on the mesothelioma type and which corporations were involved, there could be several defendants listed in one claim. Asbestos defendants are not eager to pay out large settlements and may employ a variety of tactics to avoid paying victims. They might try to hide evidence or deny medical records relating to 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 process. Someone who is terminally sick can file a priority motion in the court to speed up the litigation process. The statute of limitations is a different factor that can affect mesothelioma's timeline. This is due to states having laws that limit the length of time a person can make a claim for injury. The injured party and their family members must act swiftly to stop the time limit from expiring. Lawyers who specialize in mesothelioma may also accelerate the legal process by joining a multidistrict litigation. MDLs group similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case much faster than if you had filed separate lawsuits. If the mesothelioma litigation process goes well the final verdict could be reached within a matter of days after the trial phase. If the trial is complicated and leads to an incorrect verdict, it could take several months, or even up to a year for victims to get compensation. Settlement Negotiations Many asbestos victims and their families receive compensation without ever needing to go into the courtroom. It is possible for victims and their attorneys to settle a matter prior to a trial. Settlements can take place after the initial offer was made and the defendant has had a specific number of days to respond or even after the trial. In the majority of instances the settlement negotiation process involves an exchange of offers either via written correspondence or via phone. This can take weeks, months or even years. In this stage, a mesothelioma attorney can help their client receive the highest amount of compensation for their claim. If a mesothelioma sufferer and their lawyer are unable to reach a settlement in the negotiation process, they could go to mediation which is a third party person who assists both parties agree on a fair compensation amount. This can also take time, but it is often less time-consuming than waiting for a verdict from the jury. For decades, asbestos producers kept a secret about the dangers that came with their products. Many veterans, workers and family members of asbestos-exposed individuals have been diagnosed with mesothelioma. It is the most deadly form of cancer. These victims may be entitled to reimbursement for medical expenses, funeral costs and lost wages. While each case is different, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies would rather settle rather than risk a negative verdict at trial. They also know that the preparation of a case for trial can take a long time. Asbestos victims and their lawyers can also accelerate the process by filing lawsuits in the proper state and within the appropriate jurisdiction. For example, some states have statutes of limitations that allow for a trial to be held within one year. A internationally recognized mesothelioma lawyer can help a victim file in the jurisdiction that can provide them with the highest compensation within the shortest time. Additionally, fishers mesothelioma attorney have laws that allow the statute of limitations to begin on a victim's diagnosis date, or when they died, rather than the date of their exposure. This is a great way to ensure the statute of limitations will not run out before victims receive compensation for mesothelioma. Final Verdict The mesothelioma lawsuit will end with a settlement or verdict. The verdict could provide compensation to victims or their families. It will also decide whether or not a defendant is liable for an asbestos-related injury or death. The time it takes to reach a final verdict can vary from case to case. The amount awarded as well as the strength of the evidence and the number of parties involved all affect how long it takes to settle a mesothelioma matter. Asbestos sufferers should hire an experienced lawyer as soon as they can to ensure their rights throughout the mesothelioma lawsuit procedure. Lawyers will assist victims and their families understand the complicated legal procedures and deadlines. A lawyer can also help ensure that the statute of limitations doesn't expire before the victim receives compensation. After determining the type of mesothelioma suit, victims or their lawyers will start collecting all the documentation required to support the claim. This includes mesothelioma diagnose documents and proof of exposure. Depending on the circumstances, there may be many asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will examine the history of the person's asbestos exposure to determine which companies are liable. They will also determine the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit. Asbestos lawsuits are unique. They usually involve large corporations with teams of highly skilled defense lawyers paid large retainer fees in order to stop a victim's claim. Experienced mesothelioma lawyers know how to stop these attempts and keep the case moving forward. The victim isn't eligible for compensation if a mesothelioma suit is not filed on time. The statute of limitation varies from one state to the next and also for personal injury claims as well as wrongful deaths it is different. If a victim, or a family member, has any questions regarding the statute of limitation and should contact a mesothelioma lawyer to discuss their options. A knowledgeable mesothelioma attorney will review the case and determine when to file it to maximize the chance of a positive outcome.