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Mesothelioma Lawsuit Timeline The statute of limitations for mesothelioma varies from one state to another. 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 to receive compensation as quickly as possible. A faster resolution means that compensation comes when victims and their families need it most. The Discovery Phase After you have filed your mesothelioma suit, attorneys for both sides will enter the discovery phase. This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 months. During this period, lawyers examine the evidence submitted to create your mesothelioma case and gather additional information regarding asbestos exposure in your past. Your lawyer will question you, as well as witnesses in the mesothelioma lawsuit. This could involve both written and in person depositions. Our mesothelioma attorneys are seasoned in this aspect of the litigation and will help you prepare for these interviews. A skilled mesothelioma lawyer will utilize the information that is gathered during the discovery process to determine which asbestos-related companies are responsible for your injuries and illness. Asbestos defendants attempt to delay the process to avoid paying compensation for damages caused by their negligence. This is why it is crucial to choose a mesothelioma law firm with experienced and aggressive legal representation. Settlements are usually used to compensate asbestos victims financially. A lot of these settlements are made before trial commences, which saves both parties a great deal of time and anxiety. You are entitled to between one to five years, based on the state law or statutes of limitations, from the time you were diagnosed with mesothelioma. If a loved one of yours has passed away from mesothelioma during the last three years and their spouses or heirs are able to submit an action for compensation. The goal of a mesothelioma lawsuit is to achieve an early settlement or an award in the court. The American legal system is generally sympathetic to the victims of asbestos manufacturers, which is why most mesothelioma lawsuits end in the form of a settlement instead of going to trial. Certain mesothelioma settlements are made as soon as the litigation begins. Others are only made available after lawyers are aware of the strength of each side's case. The mesothelioma average trial verdict is about $2 million, however 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 be resolved. Many mesothelioma cases are settled without a court hearing. It is advantageous for victims to receive compensation quicker than if they had to go through the lengthy trial and verdict. Settlements do not require victims make appeals, which could take years and delay payment. The initial stage of a mesothelioma suit is gathering information and evidence. A lawyer will review a victim's work history to identify asbestos-related exposure and the companies that are responsible for their illness. Defendant lists are then created. Depending on a person's mesothelioma type as well as the companies that were involved, there may be several defendants listed in one claim. Asbestos defendants may not be eager to settle large sums of money and they may try a variety of tactics to avoid paying victims. For instance, they could attempt to defy medical records or hide evidence relating to asbestos exposure. Our mesothelioma lawyers are experienced and know how to spot these tactics and thwart them. A mesothelioma lawyer may also assist patients in reducing their legal timeline. Someone who is terminally sick can file a priority motion in court to accelerate the process of litigation. The statute of limitations is a different aspect that influences the mesothelioma timeline. This is because states have laws that limit the amount of time that a person has to make a claim for injury. The victims and their families must act swiftly to stop the statute of limitations from expiring. Lawyers who specialize in mesothelioma may also accelerate the legal process by joining a multidistrict lawsuit. MDLs are used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs, and can handle your case much faster than if you file separate lawsuits. If the mesothelioma lawsuit procedure goes smoothly, a final verdict can be obtained within days of reaching the trial phase. If the trial is lengthy and results in a wrong decision, it may take several months or up to an entire year for the victims to receive compensation. Settlement Negotiations Many asbestos victims, as well as their families, are compensated without the need for a courtroom. It is possible for the victims and their lawyers to settle a matter prior to trial. Settlements can take place after the initial offer was made and the defendant has been given a certain number of days to respond or even after the trial. In the majority of instances, the settlement negotiation process involves a back and forth exchange of offers either via written correspondence or over the phone. It can take months, weeks or even years. In this stage a mesothelioma lawyer who is skilled can assist their client in obtaining the maximum amount of amount of compensation for their claim. If the lawyer and the victim cannot reach an agreement during these negotiations and they are unable to reach an agreement, they can move to mediation. This is where a third party can help both sides to come up with a fair compensation amount. It may take some time but is typically quicker than waiting for a decision from juries. tallahassee mesothelioma lawsuit concealed the dangers of their products for years. Many veterans, workers and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. This is a deadly cancer. These victims are eligible for compensation to cover medical bills, funeral expenses and lost wages. The majority of mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle than risk a bad verdict in court. They also realize that the preparation of a case for trial will take time. Asbestos-related lawsuits may be filed in the correct state and jurisdiction to speed up the process. Certain states, like have laws which guarantee a trial within one year. A nationally recognized mesothelioma lawyer can help victims file in the state which will grant them the most compensation in the shortest time. Certain states have laws that allow for the statute of limitations to begin at the victim's diagnosis date or their death date, rather than the date of their exposure. This is a great way to ensure that the statute of limitations will not run out before victims receive mesothelioma compensation. Final Verdict The mesothelioma lawsuit will end with a settlement or verdict. The verdict could provide compensation to the victims or their families. It may also determine whether the defendant is responsible for a related asbestos-related injury or death. The time it takes to reach a decision can vary from case to case. The amount that is awarded, the quality of evidence, and number of parties all have an impact on how long it takes to decide on mesothelioma cases. Asbestos victims should hire experienced lawyers as soon as possible to ensure their rights are protected throughout the mesothelioma litigation process. Lawyers can assist the families of victims to understand the complexities of legal procedures and deadlines. A lawyer can ensure that a victim's claim is not denied compensation due to the statute of limitations has expired. After determining which mesothelioma type of claim is filed, the victims or their lawyers will start collecting all the necessary documentation. This includes mesothelioma diagnosis records and evidence of exposure. Depending on the case, there could be multiple liable asbestos companies or trust funds that will compensate the victim for the asbestos-related injuries they sustained. The lawyer will research the victim's exposure history and determine which corporations are responsible. They will also determine which companies have filed for bankruptcy and which asbestos trust funds to make a claim to. The asbestos lawsuits are atypical. They typically involve large companies with teams of highly skilled defense attorneys paid substantial retainer fees to try and derail a victim's claim. Expert mesothelioma lawyers know how to thwart these efforts and keep the lawsuit going. The victim isn't eligible for compensation if a mesothelioma suit is not filed by the deadline. The statute of limitations varies from state to state and the statute of limitations for personal injury and claims for wrongful deaths is different. If a victim or a family member has questions about the statute of limitations, they should contact a mesothelioma legal firm as soon as possible to discuss their options. A mesothelioma lawyer will review the case to determine where to file it in order to maximize the chances of a successful result.