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Mesothelioma Lawsuit Timeline The mesothelioma time limit differs from state to state. The clock begins to tick from the time the patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims). A mesothelioma lawyer who's knowledgeable will know the statute of limitations in the state and how 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 the most. The Discovery Phase After a mesothelioma lawsuit is filed, attorneys on both sides will commence the discovery phase. This is an essential part of the legal process and often takes between 3 and 4 months. During this period lawyers will go through the evidence provided to help build your mesothelioma case and gather additional information about asbestos exposure you have had in the past. Your attorney will also speak with witnesses, including you, who are involved in your mesothelioma case. This may include written and in person depositions. Our mesothelioma attorneys are seasoned in this aspect of the litigation and will help you prepare for these depositions. A mesothelioma lawyer who is skilled will use the information gathered during the discovery phase to determine which asbestos-related companies are responsible for your illness and injuries. Asbestos defendants may attempt to delay the process so that they can avoid paying compensation for the damages caused due to their negligence. It is therefore crucial to hire a mesothelioma lawyer with experience and an aggressive approach. Asbestos-related victims are usually awarded substantial financial compensation through settlements. A large portion of these settlements are made before trial commences which saves both parties a significant amount of time and anxiety. Based on the laws of your state and statutes of limitations You have a period of one to five years from the time of diagnosis or the discovery of mesothelioma, to file a suit for financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs are entitled to three years to file a wrongful death claim for compensation on their behalf. The goal of a mesothelioma lawsuit is to achieve a pre-trial settlement or win a verdict in court. The American legal system is generally sympathetic to asbestos manufacturers' victims this is why the majority of mesothelioma lawsuits end in a settlement rather than going to trial. Certain mesothelioma settlements are made as soon as litigation begins. Others are only made available after lawyers have a strong understanding of the strength of each side's case. The median verdict in a mesothelioma case is about $2 million. However, most claims are settled for much less. The Trial Phase Mesothelioma cases that reach the trial phase of a lawsuit typically take between six months and a year to resolve. However, many mesothelioma cases settle out of court. This is advantageous for the patients because it allows them to receive compensation faster than would be the case in the event of an extensive trial and verdict process. Settlements don't require victims to make appeals, which can take years and delay payment. The first phase of mesothelioma cases involves gathering evidence and details. A lawyer will look over the employee's history to determine asbestos exposure as well as companies responsible for their illness. Defendant lists are then created. Multiple defendants may be listed depending on the type of mesothelioma and the corporations involved. Asbestos defendants are not eager to make large settlements and may resort to different strategies to avoid paying victims. They might try to hide evidence or conceal medical records relating to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these strategies and stop them. A mesothelioma lawyer may assist victims in reducing their legal timeframe. Someone who is terminally ill can file a priority motion in the court to speed up the litigation process. The statute of limitations is yet another factor that affects the mesothelioma timeline. States have laws that restrict how long a person has to make an action. The time-limit for filing claims is running out, so the victims and their families need to act fast. Lawyers who specialize in mesothelioma can also accelerate the legal process by joining multidistrict litigation. 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 more quickly than if you had filed separate lawsuits. If the mesothelioma lawsuit procedure is smooth, a decision may be reached within days after the trial phase. If the trial is complicated and leads to a wrongful decision, it may take a few months or up to a year for victims to be awarded compensation. Settlement Negotiations Many asbestos victims and their families receive compensation without ever having to step foot in the courtroom. It is possible for victims and their lawyers to settle a case prior to a trial. Settlements can be made after the initial offer was made and the defendant has had a certain number of days to respond or even after the trial. Mesothelioma lawsuits typically involve a back and forth exchange of offers in the settlement negotiation process via written correspondence or over the phone. This can take months, weeks, or even years. During this phase, a knowledgeable mesothelioma lawyer can assist their client in obtaining the maximum amount of amount of compensation they can get for their claim. If the victim and their lawyer cannot reach an agreement during these talks and they are unable to reach an agreement, they can move to mediation. This is when an outside party helps both sides come to an appropriate amount of compensation. It can take some time, but is usually much quicker than waiting for the verdict of juries. For decades, asbestos manufacturers hid the dangers associated with their products. This is why many workers, military veterans and relatives of those exposed to asbestos have been diagnosed with the deadly disease, mesothelioma. They are eligible for compensation to cover funeral costs, medical bills and lost wages. Although every case is different, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies would rather settle than risk a negative verdict at trial. They also know that the preparation of a case for trial will take time. Asbestos victims and their attorneys can also accelerate the process by filing a lawsuit in the right state and in the right jurisdiction. For instance, certain states have statutes of limitation that guarantee a trial within one year. A nationally recognized mesothelioma lawyer can assist patients in filing a claim in the state which will grant them the highest amount of compensation within the shortest amount of time. Certain states have laws that permit the statute of limitation to begin at the victim's diagnosis date or their death date, not their exposure dates. This is an excellent method to ensure that 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 award compensation to the victims or their families. san bernardino mesothelioma lawsuit may also determine whether or not a defendant is responsible for an asbestos-related injury or death. The amount of time required to reach the final verdict will vary from case to. The amount that is awarded and the strength of evidence and the number of parties involved all affect the time it takes to settle a mesothelioma lawsuit. Asbestos patients should consult experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma lawsuit process. Lawyers can assist families and victims understand the complicated legal procedures and deadlines. A lawyer can also ensure that the statute of limitations does not expire before a victim receives compensation. After determining the type of mesothelioma suit, victims or their attorneys will start gathering all the necessary documents to support the claim. This includes mesothelioma-related diagnosis records and proof of exposure. In the event of a case, there may be several asbestos companies that are liable or trust funds that will compensate the victim for their asbestos-related injuries. The lawyer will investigate the history of the victim's asbestos exposure to determine which companies could be 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 are typically brought by large corporations that hire teams of defense attorneys to attempt to stop the claim of the victim. Experienced mesothelioma attorneys are able to stop these attempts and keep the lawsuit moving forward. If a mesothelioma suit is not filed by the deadline the victim will be disqualified 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 concerns regarding the statute of limitation, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer will look over the case and determine the best way to file it to increase the chance of a successful outcome.