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Mesothelioma Lawsuit Timeline The mesothelioma statute of limitations varies from state to state. The clock begins to tick from the date that a patient is diagnosed (for personal injury claims), or dies (for claims for wrongful death). A mesothelioma lawyer that is experienced will understand 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. A faster resolution means that compensation is available when the victims and their families require it the most. The Discovery Phase Following the filing of a mesothelioma case attorneys from both sides will start the discovery phase. This is an essential phase of the legal process and typically lasts from 3-4 months. During this period, lawyers will review all evidence provided to help build your mesothelioma claim and gather additional information regarding asbestos exposure you've been exposed to in the past. Your lawyer will question you, as well as witnesses involved in the mesothelioma lawsuit. This could involve both depositions in person and in writing. Our mesothelioma lawyers are skilled in this area of litigation and will prepare you for these depositions. A mesothelioma lawyer will use the information gathered in the discovery phase to identify the asbestos companies responsible for your illness or injuries. Asbestos defendants don't want to pay compensation for the harm they caused through their negligence, therefore they are likely to try to delay the process as long as possible. This is why it is essential to hire mesothelioma lawyers who provide an experienced and affluent legal representation. Asbestos victims typically receive significant financial compensation in settlements. A lot of these settlements are paid out before the trial is scheduled to take place, which saves both parties a significant amount of time and stress. Depending on your state laws and statutes of limitation You have a period of one to five years from the time of diagnosis or discovery of mesothelioma in order to file a lawsuit seeking financial compensation. If a loved one of yours has passed away from mesothelioma during the last three years, their spouses or heirs are able to make an application for compensation. The goal of a mesothelioma case is to reach an agreement before trial or the case in the court. The American legal system is generally supportive of asbestos manufacturers' victims, which is why most mesothelioma cases end with a settlement rather than going to trial. Certain mesothelioma settlements are offered as soon as litigation begins. Others are only made available after lawyers are aware of the strength of each party's case. The median mesothelioma trial verdict is approximately $2 million, but most claims settle for far less than that. The Trial Phase Cases of mesothelioma that reach the trial stage of a lawsuit generally take between six months and a year to settle. A majority of mesothelioma cases settle outside of court. It is beneficial for the victims to receive compensation sooner than if they had to go through a lengthy trial and verdict. Settlements do not require victims to file any appeals, which could drag on for years and delay compensation payments. The initial stage of a mesothelioma lawsuit is gathering evidence and information. Lawyers will examine the work history of a victim to determine asbestos-related exposures and the companies responsible for their disease. Defendant lists are then created. Multiple defendants can be listed depending on the type of mesothelioma, as well as the corporate involved. Asbestos defendants are not eager to pay out large settlements and may resort to various strategies to avoid paying victims. For example, they might attempt to defy medical records or hide evidence relating to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and thwart them. A mesothelioma lawyer can also assist patients in reducing their legal process. If someone is terminally sick, they may submit a motion to have priority in the courtroom to speed up the legal process. The statute of limitations is another factor that can affect mesothelioma's timeline. This is because states have laws that limit the length of time that a person has to make a claim for injury. hayward mesothelioma attorneys of limitations is expiring, which means the victims and their families need to be quick to act. Mesothelioma lawyers may also speed up the legal process by submitting an application to join a mesothelioma-related multidistrict litigation (MDL). MDLs join similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm is experienced in handling MDLs, and can take care of your case faster than if you filed separate lawsuits. If the mesothelioma litigation procedure goes smoothly the final verdict could be reached within days of reaching the trial phase. If the trial is complex and results in a wrong verdict, it could take a few 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 to go through a courtroom. This is due to the fact that victims and their lawyers can settle a matter prior to the start of a trial. Settlements can occur after the initial offer has been made and the defendant is given a set number of days to respond or, in some cases, after the trial has begun. In the majority of cases, the settlement negotiation process involves an exchange of offers either by written correspondence or by phone. This process could take weeks or months, or even years. In this stage an attorney for mesothelioma can assist their client in receiving the highest amount of compensation for their claim. If the lawyer and the victim are unable to come to an agreement during the negotiations, then they can proceed to mediation. This is where a third party can help both sides come up with an acceptable amount of compensation. It may take a while but is generally quicker than waiting for a verdict of a jury. For decades, asbestos manufacturers concealed the dangers of their products. As a result, many workers, military veterans and family members of those exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. They are eligible for compensation to cover medical bills, funeral expenses and lost wages. Each case is unique, the majority of mesothelioma claims end in an agreement. Asbestos firms would rather settle than risk a negative verdict at trial. Furthermore, they are aware that it will take a long time to prepare the case for trial. Asbestos-related lawsuits can be filed in the proper state and in the appropriate jurisdiction to expedite the process. Some states, for example have laws that guarantee a court trial within one year. A nationally recognized mesothelioma law firm can assist victims in filing in the jurisdiction that will award them the most compensation in the shortest amount of time. Certain states have laws that allow the statute of limitation to begin at the victim's diagnosis date or their death date, not the date of their exposure. This is an excellent way to ensure the statute of limitation does not expire before victims receive compensation for mesothelioma. Final Verdict The mesothelioma case will end with a verdict or settlement. The verdict could be awarded compensation to the victims or their families. It may also determine whether or not a defendant is liable for an asbestos-related injury, or death. The amount of time required to reach a final verdict varies from case to case. The amount awarded, strength of the evidence, and number of parties all affect how long it takes to settle a case of mesothelioma. Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma lawsuit process. Attorneys can help families and victims learn about the complex legal processes and deadlines. An attorney can ensure that a claim is not denied compensation because the statute of limitations has run out. Once they have determined the type of mesothelioma suit, victims or their lawyers will start gathering all the necessary documents for the claim. This includes mesothelioma diagnosis records and proof of exposure. Based on the particular case, there may be several asbestos companies that are liable or trust funds that will compensate a victim for their asbestos-related injuries. The lawyer will examine the victim's history of asbestos exposure to determine which corporations may be liable. They will also find out which companies have filed for bankruptcy and which asbestos trust funds to make a claim to. Asbestos lawsuits are distinct. They are typically brought by large corporations that employ teams of defense lawyers to attempt to stop the victim's claim. Expert mesothelioma lawyers are able to stop these efforts and keep the case moving forward. If a mesothelioma claim is not filed by the deadline the victim will be denied from receiving compensation. The statute of limitations varies between states and the statute of limitations for personal injury and claims for wrongful deaths is different. If someone who is a victim, or a family member, has any concerns about the statute of limitations or the time limit for filing a claim, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer can review the case to determine where to file it in order to maximize the chances of a successful result.