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Mesothelioma Lawsuit Timeline The statute of limitations for mesothelioma is different from state to state. The clock starts to tick from the time that a patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims). A mesothelioma lawyer who is skilled and knowledgeable knows the statutes of limitations in each state and how to speed up the process of obtaining the compensation as fast as is possible. A faster resolution means compensation is available when 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 important part of the legal process and can last from 3-4 months. During this period, lawyers analyze the evidence provided to construct your mesothelioma lawsuit and gather additional information about asbestos exposure in your past. Your lawyer will question you, as well as witnesses involved in the mesothelioma trial. This could include both depositions in person or written. Our mesothelioma lawyers are skilled in this particular aspect of litigation and will prepare you for these interviews. A knowledgeable mesothelioma lawyer will use the data that is gathered during the discovery process to determine which asbestos companies are liable for your illness and injuries. Asbestos defendants are not eager to compensate for the harm they caused through their negligence, therefore they are likely to try to delay the process as long as possible. This is why it is important to retain a mesothelioma law firm with experienced and aggressive legal representation. Settlements are typically used to compensate asbestos victims financially. These settlements are often completed prior to the trial, which saves both parties time and stress. Depending on your state laws and statutes of limitation You have a period of one to five years from the time of diagnosis or discovery of mesothelioma in order to file a suit for financial compensation. If your loved one has passed away from mesothelioma spouses and heirs have up to three years in which to file a wrongful death claim for compensation on their behalf. A mesothelioma suit is filed to win a court verdict or reach a settlement before trial. The American legal system is known to be sympathetic to victims of asbestos producers, which is why the majority of mesothelioma lawsuits end in settlements, rather than going to court. 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 case. The mesothelioma average trial verdict is approximately $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 generally take anywhere from a few months to a full year to settle. Many mesothelioma cases are settled without a court hearing. This is advantageous to the victims because it allows them to receive compensation much quicker than would be the case when they had to go through an extensive trial and verdict process. Settlements don't require victims to make appeals, which could take years and delay the payment. The initial phase of a mesothelioma lawsuit involves gathering evidence and information. detroit mesothelioma lawyer will look over the history of employment of the victim to determine asbestos exposure and the companies that are responsible for their condition. Defendant lists are then created. Multiple defendants may be listed depending on the type of mesothelioma as well as the companies involved. Asbestos defendants are not eager to settle large sums, and they may try a variety of tactics to avoid paying victims. They may attempt to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma lawyers are experienced in identifying these tactics and ways to defeat them. A mesothelioma attorney can also assist a victim in reducing their legal process. If a person is diagnosed as terminally ill, they can submit a motion to have priority in court to speed up the legal process. The statute of limitations is yet another aspect that influences mesothelioma's timeline. This is due to states having laws that limit the amount of time it takes to make a claim for compensation. The victims and their families must act fast to prevent the statute of limitations from running out. Mesothelioma lawyers may also speed up the legal process by making a request to join a mesothelioma multidistrict litigation (MDL). MDLs bring similar asbestos lawsuits to ensure faster processing. The Williams Law Firm is experienced in handling MDLs and can handle your case much faster than if you filed separate lawsuits. If the mesothelioma litigation process is smooth, a decision may be reached within days of the trial phase. If the trial is lengthy and results in an unjust verdict, it could take several months, or up to a year for victims to receive compensation. Settlement Negotiations Many asbestos victims and their families receive compensation without ever needing to go into a courtroom. It is possible for the victims and their lawyers to settle a case prior to trial. Settlements can be made after the initial offer is made and the defendant is given a number of days to decide or, in some cases, after a trial has started. Mesothelioma lawsuits typically involve a back-and-forth exchange of offers during the settlement negotiation process, either through written correspondence or over the phone. The process can last for weeks or months, and even years. During this stage mesothelioma lawyers can assist their client in receiving the most compensation they can for their claim. If the lawyer and the victim are unable to come to an agreement during these negotiations, then they can proceed to mediation. This is where an outside party helps both sides to come up with a fair compensation amount. It may take a while, but is usually much quicker than waiting for the verdict of the jury. For a long time, asbestos producers concealed the dangers of their products. Many workers, veterans, and family members of asbestos-exposed persons have been diagnosed with mesothelioma, which is a deadly cancer. These victims are eligible for compensation to cover funeral costs, medical bills and lost wages. Although every case is unique, the majority of mesothelioma claims end in an agreement. Asbestos firms would rather settle rather than risk losing a trial verdict. They also know that it takes time to prepare an argument for trial. Asbestos-related lawsuits can be filed in the appropriate state and jurisdiction to speed up the process. Certain states, like have laws which guarantee a trial within one year. A mesothelioma lawyer who is nationally recognized can assist victims in filing their case in the jurisdiction where they can receive the most compensation within the shortest time. Additionally, certain states have special laws that allow the statute of limitations to start on a victim's diagnosis date, or when they died, rather than the date of their exposure. This is a great way to ensure the statute of limitations will not expire before victims receive compensation for mesothelioma. Final Verdict The mesothelioma case will end with a final verdict or settlement. The verdict could provide compensation to victims or their families. It may also determine whether the defendant is liable for a related asbestos-related injury or death. The time it takes to reach the final verdict varies from case to case. The amount of money awarded and the strength of evidence and the number of parties involved all impact the time it takes to settle a mesothelioma lawsuit. Asbestos victims should seek out an experienced lawyer as soon as they can in order to ensure their rights throughout the mesothelioma litigation process. Attorneys can help victims and families get a better understanding of the complex legal procedures and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation due to the time limit has expired. After determining the nature of mesothelioma suit, victims or their attorneys will start gathering all the necessary documents for the claim. This includes mesothelioma-related diagnosis records and evidence of exposure. Based on the particular situation, there could be several asbestos companies that are liable or trust funds that compensate a victim for their asbestos-related injuries. The lawyer will investigate the history of exposure to asbestos and determine which companies are responsible. They will also determine the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit. Lawsuits involving asbestos are unique. They are typically brought by large corporations that employ teams of defense lawyers to attempt to stop the victim's claim. Mesothelioma lawyers who are experienced know how to stop these attempts and ensure that the case is moving forward. If a mesothelioma lawsuit is not filed within the timeframe the victim will be denied from receiving compensation. The statute of limitations differs from state to state, and the time limit for personal injury and claims for wrongful deaths is different. If a victim, or their family member have any questions regarding the statute of limitations and the time limit, they should contact a mesothelioma legal firm immediately to discuss their options. A mesothelioma lawyer can review the case to determine when to file it to maximize the odds of a positive outcome.