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Mesothelioma Lawsuit Timeline The statute of limitations for mesothelioma differs from one state to another. The clock starts to tick from the date that a patient is diagnosed (for personal injury claims) or dies (for claims for wrongful death). A mesothelioma lawyer who's experienced will understand the statute of limitations for the state and how to speed up compensation to ensure that victims receive compensation as quickly as they can. Compensation is available to families of victims and the affected when they need it most. The Discovery Phase After filing a mesothelioma suit attorneys from both sides will begin the discovery phase. This is an important part of the legal process and can take anywhere from 3 to 4 months. During this time lawyers will go through all evidence presented to establish your mesothelioma claim and collect more details about asbestos exposure you have been exposed to in the past. Your attorney will also speak with 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 interview sessions. A knowledgeable mesothelioma lawyer will utilize the information collected during the discovery phase to determine which asbestos-related companies are accountable for your illness and injuries. Asbestos defendants may attempt to delay the process to avoid paying compensation for damages caused through their negligence. This is why it's essential to hire mesothelioma lawyers who provide experienced and aggressive legal representation. Asbestos victims typically receive significant financial compensation in settlements. Many of these payouts are paid out before trial commences which can save both parties a significant amount 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 for financial compensation. If your loved one has died of mesothelioma spouses and heirs are entitled to three years to file a wrongful death claim for compensation on their behalf. The purpose of a mesothelioma suit is to negotiate an early settlement or an award in court. The American legal system is known to be sympathetic to asbestos victims and that is the reason why the majority of mesothelioma lawsuits end in settlements rather than going to court. Some settlement offers for mesothelioma are made immediately after the litigation starts, while others are not offered until lawyers have a good understanding of the strength and weaknesses of each party's claim. The median verdict in a mesothelioma case is approximately $2 million. However, most claims are settled for much less. The Trial Phase Cases of mesothelioma that reach the trial phase of a lawsuit typically take between six months and a full year to settle. A majority of mesothelioma cases settle outside of court. This is advantageous for the patients because they can receive compensation faster than would be the case if they went through an extensive trial and verdict process. Settlements do not oblige victims to file appeals, which can linger on for a long time and delay compensation payments. The initial phase of a mesothelioma suit is gathering evidence and obtaining information. A lawyer will look over the history of employment of the victim to determine asbestos exposure as well as companies responsible for their illness. Then, a list of defendants is compiled. Based on the mesothelioma type as well as the companies that were involved, there could be several defendants listed in one claim. Asbestos defendants don't want to make large settlements and may resort to a variety of tactics to avoid paying victims. They may try to conceal evidence or conceal medical records related to asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these tactics and thwart them. A mesothelioma lawyer may help a victim shorten their legal timeline. Anyone who is sick can file a priority motion in court to speed up the litigation process. The statute of limitations is yet another factor that affects mesothelioma's timeline. States have laws that restrict the time that a person has to make an action. Victims and their loved ones must act quickly to prevent the time limit from running out. Lawyers who specialize in mesothelioma could also accelerate the legal process by joining a multidistrict litigation. MDLs bring similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a quicker rate than if you filed a separate lawsuit. If the mesothelioma lawsuit procedure goes smoothly and a final verdict is reached, a decision can be reached within a matter of days after completing the trial phase. If the trial is complicated and results in an incorrect verdict, it could take several months, or up to one year for the victims to receive compensation. Settlement Negotiations Many asbestos victims, and their families, receive compensation without the need to go through an in-courtroom. This is because victims and their lawyers are able to settle a case prior to the start of a trial. Settlements can happen after the initial offer has been made and the defendant is given a set number of days to make a response or after the trial has begun. In the majority of cases the settlement negotiation process involves a back and forth exchange of offers either by written correspondence or over the phone. This can take months, weeks, or even years. During this phase a mesothelioma lawyer who is skilled can assist their client in obtaining the highest possible compensation for their claim. If a mesothelioma patient and their attorney cannot reach a settlement during these negotiations, they may proceed to mediation which is a third-party person who helps both sides to agree on a fair amount for compensation. It can take some time however, it is generally faster than waiting for the verdict of the jury. Asbestos manufacturers concealed the dangers of their products for decades. In the end, many military veterans, workers and family members of those who were exposed to asbestos have been diagnosed with a deadly disease, mesothelioma. These victims 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 a settlement. Asbestos companies prefer to settle rather than risk a bad verdict at trial. Moreover, they know that it will take time to prepare the case for trial. Asbestos-related lawsuits can be filed in the appropriate state and in the appropriate jurisdiction to expedite the process. For instance, some states have statutes of limitation which guarantee a trial within one year. A well-known mesothelioma law firm can assist a victim in filing in the jurisdiction that will award them the most compensation within the shortest time. Some states have laws that permit the statute of limitations to begin on a victim’s diagnosis date or death, instead of the date of their exposure. This is an excellent way to make sure that the statute of limitations does not expire before patients receive mesothelioma settlements. Final Verdict The mesothelioma trial will conclude with a verdict or settlement. The verdict may be awarded compensation to the victims or their families. It could also determine whether the defendant is accountable for an asbestos-related injury, or death. The time needed to reach a decision will differ from case to case. The amount that is awarded and the strength of evidence and the number of parties involved all affect the time it takes to resolve a mesothelioma case. Asbestos victims should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist victims and their families understand the complexities of legal procedures and deadlines. A lawyer can also ensure that the statute of limitations does not expire before a victim receives compensation. After determining which mesothelioma type of claim is filed, the victim or their attorneys will begin gathering all the required documentation. This includes mesothelioma diagnose records and proof of exposure. Depending on the circumstances, there may be various asbestos trusts or companies which are liable and compensate a victim for their asbestos-related injuries. The lawyer will examine the history of the person's asbestos exposure to determine which companies are liable. They will also discover which companies have filed for bankruptcy and which asbestos trust funds to make a claim to. Asbestos lawsuits are atypical. They are typically brought by large companies who hire teams of defense attorneys to try to thwart the claim of the victim. rochester hills mesothelioma law firm are able to stop these attempts and ensure that the case is moving forward. The victim will not be eligible for compensation if a mesothelioma claim is not filed on time. The statute of limitations varies from state to state, and the statute of limitations for personal injury and wrongful death claims is different. If someone who is a victim, or a family member has any concerns regarding the statute of limitations, they should immediately consult a mesothelioma lawyer discuss their options. A mesothelioma lawyer can review the case and determine the best way to file it in order to maximize the chance of a successful result.