Mesothelioma Lawsuit Timeline The statute of limitations for mesothelioma differs from state to state The clock starts ticking from the date the patient is diagnosed for personal injury claims or dies for claims for wrongful death A mesothelioma lawyer who is skilled and knowledgeable knows state statutes of limitations and can speed up the process of obtaining compensation as quickly as possible A faster resolution means that compensation is available when families and victims require it the most The Discovery Phase After you file your mesothelioma lawsuit attorneys from both sides will enter the discovery phase This is an essential phase of the legal process and often lasts from 3-4 months During this time lawyers will look over all evidence that has been provided to help build your mesothelioma case and gather more information about asbestos exposure you have had in the past Your attorney will interview you, as well as witnesses in the mesothelioma lawsuit This could include written and in-person depositions Our mesothelioma lawyers are experienced in this aspect of the litigation and will help you prepare for these depositions A mesothelioma lawyer will use the information gathered during the discovery phase to determine the asbestos companies accountable for your injuries or illness Asbestos defendants may attempt to delay the process in order to avoid paying compensation for damage caused due to their negligence This is why it's important to retain a mesothelioma law firm with an experienced and affluent legal representation Settlements are often used to compensate asbestos victims financially These settlements are often done prior to trial, saving both parties time and stress Based on the laws of your state and statutes of limitations You have a period of one to five years from the date of diagnosis or the discovery of mesothelioma in order to file a lawsuit for financial compensation If a loved one of yours has died 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 A mesothelioma suit is filed in order to secure the verdict of a judge or to reach a settlement before trial The American legal system is known to be supportive of the asbestos producers' victims and that is the reason why the majority of mesothelioma lawsuits end in settlements rather than going to court Some settlement offers for mesothelioma settlements are immediately after the trial commences, while other settlement offers are not offered until lawyers have a good understanding of the strength and weaknesses of each party's claim The mesothelioma average trial verdict is about 2 million, but the majority of cases settle for less than that amount The Trial Phase Mesothelioma cases that get to the trial phase of a lawsuit typically take between six months and a full year to settle A majority of mesothelioma cases settle without a court hearing It is beneficial for victims to receive compensation quicker than those who had to go through a lengthy trial and verdict Settlements also do not require victims to file appeals, which can linger on for years and cause delays to compensation payments The initial phase of a mesothelioma lawsuit involves gathering evidence and information A lawyer will look over the work history of a victim to determine asbestos-related exposures and the companies that are responsible for their disease Then a list of defendants is made Multiple defendants can be listed depending on the type of mesothelioma and the corporations involved Asbestos defendants don't want to pay out large settlements, and they may try various strategies to avoid paying victims For example, they might try to discredit medical records or hide evidence related to asbestos exposure Our mesothelioma attorneys are well-versed and are able to recognize these tactics and deter them A mesothelioma lawyer can assist victims in reducing their legal timeframe If a person is terminally ill, they can submit a motion to have priority in court to speed up the legal process The statute of limitations is another aspect that can affect the timeframe for mesothelioma This is due to states having laws that limit the length of time a person can make a claim for compensation Victims and their loved ones must act quickly to prevent the time limit from running out Lawyers who specialize in mesothelioma can also speed up the legal process by joining multidistrict litigation MDLs bring similar asbestos lawsuits for quicker processing The Williams Law Firm has extensive experience handling MDLs and can manage your case at a much faster rate than if you had filed an individual lawsuit If the mesothelioma lawsuit 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 may take several months, or even up to a year for victims to get compensation Settlement Negotiations Many asbestos victims, as well as their families, get compensation without having to enter the courtroom It is possible for the victims and their lawyers to settle a matter prior to a trial Settlements can occur after the initial offer has been made and the defendant is given a set number of days to decide or after the trial has begun In the majority of cases the settlement negotiation process involves an exchange of offers either via written correspondence or by phone This process could take weeks or months, or even years At this point an attorney for mesothelioma can assist their client in receiving the maximum compensation possible for their claim If a mesothelioma victim and their attorney are unable to come to a settlement during these negotiations, they may go to mediation, which is a third-party person who assists both parties reach an agreement on a fair amount of compensation This can also take some time but is typically quicker than waiting for a decision from a jury For decades, asbestos manufacturers hid the dangers associated with their products Many workers, veterans, and family members of asbestos-exposed people have been diagnosed with mesothelioma This is the most deadly form of cancer They are eligible for compensation to cover funeral expenses, medical bills and lost wages https//vimeocom/705033677 of mesothelioma cases settle, even though every case is different Asbestos companies prefer to settle than risk losing a trial verdict Furthermore, they are aware that it will take a long time to prepare an argument for trial Asbestos-related lawsuits can be filed in the appropriate state and jurisdiction to speed up the process Certain states, for instance have laws that ensure a trial within a year A well-known mesothelioma law firm can assist victims in filing in the jurisdiction that will award them the most compensation within the shortest time Additionally, certain states have special laws that permit the statute of limitations to start on a victim's diagnosis date or when they died, instead of their exposure dates This is a great way to ensure that the statute of limitations does not expire before patients receive mesothelioma compensation Final Verdict The final verdict or settlement is the final result of the mesothelioma case The verdict can award compensation to victims or their loved ones It will also decide whether or not a defendant is liable for a related asbestos-related injury or death The time required to reach a final verdict can vary from case to the case The amount of money awarded, the quality of evidence, and the number of parties influence the time it takes to settle mesothelioma cases Asbestos victims need to hire an experienced lawyer as soon as they can to safeguard their rights throughout the entire mesothelioma litigation process Attorneys will help victims and their families to understand the complexities of legal procedures and deadlines An attorney can ensure that the claim of a victim is not denied compensation due to the statute of limitations has run out Once they have determined the type of mesothelioma lawsuit, the victims or their lawyers will start collecting all the documentation required to support the claim This includes mesothelioma diagnosis records and evidence of exposure Based on the circumstances, there could be several asbestos companies or trusts that are responsible and will compensate a victim for their asbestos-related injuries The lawyer will look into the history of exposure and determine which corporations are responsible They will also determine which companies have filed for bankruptcy and which asbestos trust funds to file a claim against The asbestos lawsuits are atypical They usually involve large corporations with teams of experienced defense lawyers paid large retainer fees to try and stop a victim's claim Expert mesothelioma lawyers know how to defy these efforts and keep the lawsuit moving forward If a mesothelioma lawsuit is not filed by the deadline, the victim will be barred from receiving compensation The statute of limitations varies from state to state and the statute of limitations for personal injury and wrongful death claims is different If a victim, or a family member, has any concerns about the statute of limitations and should contact a mesothelioma lawyer to discuss their options A mesothelioma lawyer with experience will review the case and decide where to file it in order to maximize the chances of a favorable outcome