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Mesothelioma Lawsuit Timeline The time limit for mesothelioma differs between states. The clock begins ticking off from the date of a patient's diagnosis (for personal injury claims) or death (for wrongful death claims). A mesothelioma lawyer that is skilled will be aware of the statute of limitations in the state and how to speed up compensation to ensure that victims receive their compensation as quickly as they can. Compensation is available to the families of victims when they require it most. The Discovery Phase After you file your mesothelioma lawsuit, attorneys for both sides will begin the discovery phase. This is a crucial part of the legal process and can last from 3-4 months. During this time, lawyers will review all evidence that has been presented to establish your mesothelioma case and collect more details about the asbestos exposure you've had in the past. Your attorney will interview you and witnesses involved in the mesothelioma lawsuit. This may include depositions in person and in writing. Our mesothelioma attorneys are seasoned in this aspect of the litigation and will help you prepare for these interviews. A mesothelioma attorney will use the information gathered in the discovery phase to identify the asbestos companies responsible for your injury or illness. Asbestos defendants will attempt to delay the process to avoid paying compensation for damage caused through their negligence. This is why it is crucial to choose a mesothelioma law firm with experienced and aggressive legal representation. college station mesothelioma law firm receive significant financial compensation in settlements. A lot of these settlements are made even before the trial takes place which can save both parties a lot of time and anxiety. Based on the laws of your state and statutes of limitation depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or discovery of your mesothelioma to file a lawsuit seeking financial compensation. If a loved one of yours has passed away from mesothelioma in the last three years their spouses or heirs are able to file a claim for compensation. The purpose of a mesothelioma suit is to negotiate a pre-trial settlement or win a verdict in the court. The American legal system is generally supportive of the victims of asbestos manufacturers, which is why most mesothelioma lawsuits result in the form of a settlement instead of going to trial. Some settlement offers for mesothelioma can be made as soon as the litigation commences, while other settlement offers are not announced until attorneys are aware of the strengths and weaknesses of each side's claim. The median mesothelioma verdict is approximately $2 million, but the majority of claims settle for far less than that. The Trial Phase Mesothelioma cases that reach the trial stage of a lawsuit typically take anywhere from a few months to a full year to settle. Many mesothelioma cases are settled out of court. It is advantageous for victims to receive compensation quicker than if they had to go through a long trial and verdict process. Settlements do not require victims to file appeals that can take years to resolve and could delay the payment. The first step in a mesothelioma case involves gathering evidence and information. A lawyer will look over the victim's employment history to determine asbestos exposure as well as the companies that are responsible for their condition. Then, a list of defendants is compiled. There may be multiple defendants listed based on the type of mesothelioma as well as the companies involved. Asbestos defendants may not be keen to pay large settlements, and they may employ a variety of strategies to avoid paying victims. For example, they might attempt to refute medical records or hide evidence relating to asbestos exposure. Our mesothelioma lawyers have experience in identifying these tactics and how to defeat them. A mesothelioma lawyer could assist victims in reducing their legal process. A person who is terminally sick can file a priority motion in the court to speed up the litigation process. The statute of limitations is another aspect that influences a mesothelioma timeline. States have laws that restrict the time an individual must make a claim. The injured party and their family members must act quickly to prevent the statute of limitations from running out. Lawyers who specialize in mesothelioma can also accelerate the legal process by joining a multidistrict lawsuit. MDLs group 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 lawsuit process goes smoothly, a verdict may be reached within days after the trial phase. If the trial is complicated and leads to an incorrect decision, it could take several months, or up to one year for victims to get compensation. Settlement Negotiations Many asbestos victims and their families receive compensation without ever needing to enter the courtroom. This is because the victims and their lawyers can settle a matter prior to a trial. Settlements can be made after the initial offer has been made and the defendant is given a set number of days to respond or after the trial has begun. Mesothelioma lawsuits usually involve a back-and-forth exchange of offers during the settlement negotiation process, whether in writing or over the phone. The process can last for weeks, months, or even years. During this time, a skilled mesothelioma lawyer can help their client receive the maximum amount of compensation for their claim. If the lawyer and the victim are unable to reach an agreement during these negotiations the two parties can then move to mediation. This is where a third party can help both sides come up with an acceptable amount of compensation. It can take a bit of time, but is usually much quicker than waiting for the verdict of the jury. Asbestos manufacturers concealed the dangers of their products for years. Many workers, veterans, and family members of asbestos-exposed persons have been diagnosed with mesothelioma. It is the most deadly form of cancer. These victims are eligible for compensation to cover funeral expenses, medical bills and lost wages. Most mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle than risk a negative verdict at trial. They also understand that preparing a case for a trial can take a long time. Asbestos victims and their lawyers can also speed up the process by filing a lawsuit in the right state and within the appropriate jurisdiction. Some states, for example have laws that guarantee a court trial within one year. A nationally recognized mesothelioma lawyer can assist victims in filing their case in the state which will grant them the most compensation within the shortest time. Some states have laws that allow for the statute of limitations to start on a victim's diagnosis date or their death, instead of their exposure dates. This is an excellent method to ensure that the statute of limitation does not expire before the victims receive compensation for mesothelioma. Final Verdict The final verdict or settlement is the final result of the mesothelioma suit. The verdict may be awarded compensation to the victims or their families. The verdict may also decide whether a defendant is liable for the death or injury caused by asbestos. The time it takes to reach a final decision can differ from case situation. The amount of money awarded and the strength of evidence and the number of parties involved all impact how long it takes to settle a mesothelioma matter. Asbestos patients should consult experienced lawyers as soon as possible to ensure their rights are protected throughout the mesothelioma lawsuit process. Attorneys can help families and victims to learn about the complex legal processes and deadlines. An attorney can ensure that a claim is not denied compensation due to the statute of limitations has run out. After determining which mesothelioma case type is filed, the victim or their attorneys will begin gathering all the required documentation. This includes mesothelioma diagnose records and evidence of exposure. Based on the specific circumstances, there could be several asbestos companies or trusts which are liable and compensate the victim for their asbestos-related injuries. The lawyer will investigate the victim's exposure history and determine which corporations are liable. They will also find out which companies have filed for bankruptcy, and which asbestos trust funds to file a claim with. Asbestos lawsuits are unique. They are typically filed by large corporations who employ teams of defense lawyers to attempt to stop the victim's claim. Mesothelioma lawyers who are experienced know how to stop these tactics and keep the case moving forward. The victim isn't entitled to compensation if a mesothelioma lawsuit is not filed in time. The statute of limitation varies from one state to the next and, for personal injury claims and wrongful deaths, it's different. If a victim, or a family member has any questions about the statute of limitations and should seek out a mesothelioma attorney to discuss their options. A skilled mesothelioma attorney will review the case and determine where to file it to maximize the chance of a positive outcome.