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Mesothelioma Lawsuit Timeline The statute of limitations for mesothelioma varies from state to state. The clock starts to tick at the time a patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims). A mesothelioma lawyer who 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 soon as possible. A quicker 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 begin the discovery phase. This is an essential phase of the legal process and typically lasts from 3-4 months. During this period lawyers will look over the evidence provided to help build your case for mesothelioma and collect more details about the asbestos exposure you've experienced in the past. Your lawyer will also question witnesses, including you, involved in the mesothelioma lawsuit. This may include written and in-person depositions. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews. A mesothelioma attorney will use the information gathered during the discovery phase to identify the asbestos-related companies accountable for your illness or injuries. Asbestos defendants are not eager to pay compensation for the harm caused by their negligence, so they are likely to try to delay the process as long as they can. This is why it is crucial to choose a mesothelioma law firm with an experienced and affluent legal representation. Settlements are usually used to compensate asbestos victims financially. A lot of these settlements are paid out before the trial is scheduled to take place, which saves both parties a lot of time and anxiety. You have between one to five years, based on the state law or statutes of limitations, from the time you were diagnosed with mesothelioma. If your loved one has died of mesothelioma spouses and heirs are entitled to up to three years in which to file a wrongful death claim for compensation on their behalf. The purpose of a mesothelioma suit is to reach an agreement before trial or a verdict in the court. The American legal system is generally supportive of asbestos victims and that is the reason why most mesothelioma lawsuits end in an agreement rather than going to trial. Some settlement offers for mesothelioma can be immediately after the trial begins, while others are not made until attorneys have a clear understanding of the strength and weaknesses of each party's claim. The mesothelioma average trial verdict is approximately $2 million, however the majority of claims settle for far less than that. The Trial Phase Mesothelioma cases that get to the trial stage of a lawsuit typically take between a year and months to resolve. However, many mesothelioma claims settle out of the court. This is beneficial for patients because they can receive compensation much quicker than if they went through an extensive trial and verdict process. Settlements do not require victims file appeals which can take years to resolve and could delay the payment. The first phase of mesothelioma cases involves gathering evidence and data. A lawyer will look over the victim's employment history to determine the extent of asbestos exposure and the companies that are responsible for their condition. The defendant lists are then compiled. Based on a person's mesothelioma type as well as the companies that were involved, there could be several defendants in a single claim. Asbestos defendants might not be eager to pay large settlements and they may try a variety of strategies to avoid paying victims. For example, they might try to discredit medical records or conceal evidence relating to asbestos exposure. Our mesothelioma attorneys are well-versed and are able to recognize these strategies and stop them. A mesothelioma lawyer can assist a victim in reducing their legal timeframe. A person who is terminally sick can file a prior motion in court to speed up the litigation process. The statute of limitation is another factor which can affect the timeframe for mesothelioma. This is because each state has laws that limit the length of time it takes to make a claim for injury. The statute of limitations is expiring, which means victims and their families must take action quickly. Mesothelioma lawyers may also speed up the legal process by submitting a request to join a mesothelioma multipledistrict litigation (MDL). MDLs can be used to group asbestos lawsuits to speed up the process. The Williams Law Firm is experienced in handling MDLs, and can take care of your case much faster than if you filed separate lawsuits. If the mesothelioma lawsuit process is successful, a final verdict can be reached within days after the trial phase. However, if the trial is lengthy and leads to a wrongful verdict, it could take up to a year for victims to receive compensation. Settlement Negotiations Many asbestos victims and their families receive compensation without needing to enter a courtroom. This is due to the fact that victims and their lawyers can settle a matter prior to a trial. Settlements can occur after the initial offer has been made and the defendant is given a certain number of days to decide or, in some cases, after the trial has begun. In most instances the process of negotiating settlements involves an exchange of offers either via written correspondence or over the phone. This process could take weeks or months, and even years. During this stage mesothelioma lawyers can help their client get the most compensation they can for their claim. If the victim and their lawyer cannot reach an agreement during the 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 may take time but is typically quicker than waiting for a decision from a jury. Asbestos manufacturers hid the dangers of their products for decades. Many veterans, workers, and relatives of asbestos-exposed persons have been diagnosed with mesothelioma. This is a deadly cancer. These victims may be qualified for compensation for medical expenses, funeral costs and lost wages. The majority of mesothelioma cases settle, even though every case is different. Asbestos companies prefer to settle rather than risk a bad verdict in court. They also realize that preparing a case for a trial will take time. Asbestos-related lawsuits may be filed in the appropriate state and jurisdiction to expedite the process. For instance, certain states have statutes of limitation that allow for a trial to be held within one year. A nationally recognized mesothelioma lawyer can assist patients in filing a claim in the jurisdiction that will allow them to receive the highest amount of compensation within the shortest time. In addition, some states have special laws that allow the statute of limitations to begin on a victim's diagnosis date, or when they died, rather than the date of their exposure. This is a great way to ensure that the statute of limitations does not run out before victims receive mesothelioma compensation. Final Verdict The mesothelioma trial will conclude with a verdict or settlement. The verdict may be awarded compensation to the victims or their families. lees summit mesothelioma attorneys can also decide whether a defendant is liable for the death or injury caused by asbestos. The time it takes to reach a decision will differ from case to situation. The amount awarded, quality of evidence, and the number of parties influence the time it takes to resolve mesothelioma cases. Asbestos victims should seek out experienced lawyers as soon as possible to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist families and victims learn about the complex legal processes and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation because the time limit has expired. After determining the nature of mesothelioma lawsuit, victims or their lawyers will start collecting all the documentation required to support the claim. This includes mesothelioma diagnose records and evidence of exposure. Based on the specific circumstances, there may be many asbestos trusts or companies which are liable and compensate a victim for their asbestos-related injuries. The lawyer will look into the victim's exposure history and determine which corporations are responsible. They will also investigate the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit against. Asbestos-related lawsuits are not common. They are typically filed by large corporations who hire teams of defense attorneys to try to thwart the victim's claim. Experienced mesothelioma attorneys are able to stop these tactics and keep the lawsuit moving. The victim will not be able to receive compensation if a mesothelioma lawsuit is not filed by the deadline. The statute of limitations varies from one state to the next and also for personal injury claims as well as wrongful deaths it is different. If a victim, or a family member, has any doubts about the statute of limitations and should contact a mesothelioma lawyer to discuss their options. A skilled mesothelioma attorney will examine the case and determine when to file it in order to maximize the chance of a positive outcome.