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Mesothelioma Lawsuit Timeline The mesothelioma statute of limitations is different 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 that is skilled will be aware of the state statute of limitations and how best to expedite compensation to ensure that victims receive their settlement as soon as they can. A faster resolution means that compensation comes when families and patients require it the most. The Discovery Phase After filing your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 month. During this time, lawyers will examine the evidence submitted to create your mesothelioma claim and collect additional information regarding asbestos exposure you have had in the past. Your attorney will also interview you and any other witnesses involved in your mesothelioma claim. This may include written and in-person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interview sessions. A mesothelioma lawyer will utilize the information gathered in the discovery phase to identify the asbestos companies that are responsible for your injuries or illness. Asbestos defendants may try to delay the process to avoid paying compensation for the damages caused by their negligence. This is why it's important to retain mesothelioma lawyers who provide an experienced and affluent legal representation. Asbestos victims typically receive substantial financial compensation via settlements. Many of these payouts are made even before the trial takes place, which saves both parties a great deal of time and stress. Depending on your state laws and statutes of limitation, you have one to five years from the date of diagnosis or the discovery of mesothelioma, to file a suit for financial compensation. If your loved one has passed away from mesothelioma spouses and heirs can have up to three years in which to file a wrongful death claim to claim compensation on their behalf. A mesothelioma lawsuit is filed to secure the verdict of a judge or to reach an agreement prior to trial. The American legal system tends to be tolerant of the asbestos producers' victims which is why the majority of mesothelioma cases result with settlements instead of going to court. Some mesothelioma settlement offers are made as soon as trial begins, while others are only available once lawyers are aware of the strength of each case. The mesothelioma average trial verdict is approximately $2 million, but most claims settle for far less than that. 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. It is beneficial for the victims to receive compensation faster than the case if they had to go through the lengthy verdict and trial process. Settlements don't require victims to to file appeals that can take years to resolve and could delay payment. The first step in mesothelioma cases involves gathering evidence and data. A lawyer will go over the history of employment of the victim to determine asbestos exposure and companies responsible for their illness. Defendant lists are then created. Based on a person's mesothelioma type and which corporations were involved, there may be multiple defendants listed in a single claim. Asbestos defendants may not be eager to settle large sums of money and they might try a variety ways to avoid paying victims. They may try to conceal evidence or conceal medical records relating to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and thwart them. A mesothelioma lawyer can assist a victim in reducing their legal timeline. Someone who is terminally sick can file a priority motion in the court to speed up the process of litigation. The statute of limitations is another aspect that can affect the timeframe for mesothelioma. This is because each state has laws that limit the amount of time a person can make a claim for compensation. The time limit for filing a claim is expiring, which means the victims and their families need to act fast. Mesothelioma lawyers can also expedite the legal process by making an application to join a mesothelioma multidistrict litigation (MDL). MDLs are used to organize asbestos lawsuits for faster processing. The Williams Law Firm has extensive experience handling MDLs and can manage your case at a faster pace than if you file a separate lawsuit. If the mesothelioma litigation process is smooth, a decision is reached within a few days of the trial phase. If the trial is complex and leads to an incorrect verdict, it may take several months, or even up to a year for the victims to receive compensation. Settlement Negotiations Many asbestos victims, as well as their families, are compensated without the need for an in-courtroom. This is because the victims and their lawyers are able to settle a matter prior to the start of a trial. Settlements can take place after the initial offer was made and the defendant has had a specific number of days to reply or even after the trial. Mesothelioma lawsuits usually involve a back-andforth exchange of offers in the settlement negotiation process, either through written correspondence or over the phone. It can take months, weeks or even years. In this stage, a skilled mesothelioma lawyer can assist their client in obtaining the highest possible amount of compensation they can get for their claim. If a mesothelioma victim and their attorney cannot come to a settlement during the negotiations, they can go to mediation, which is a third-party person who assists both parties agree on a fair amount of compensation. It can take some time but is generally quicker than waiting for a verdict of juries. Asbestos manufacturers hid the dangers of their products for a long time. In the end, many military veterans, workers and family members of those exposed to asbestos have been diagnosed with the deadly mesothelioma cancer. These people may be qualified for reimbursement for funeral expenses, medical costs and lost wages. Although every case is unique, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies would rather settle rather than risk losing a trial verdict. Furthermore, they are aware that it takes time to prepare the case for trial. Asbestos-related lawsuits may be filed in the correct state and in the appropriate jurisdiction to accelerate the process. For instance, some states have statutes of limitation that guarantee a trial within one year. camden mesothelioma law firm with national recognition can help victims file in the jurisdiction which will grant them the most compensation in the shortest period of time. Certain states have laws that permit the statute of limitation to begin at the victim's diagnosis date or death, instead of the date of their exposure. This is a great method to ensure that the statute of limitations does not expire before the victims receive compensation for mesothelioma. Final Verdict The mesothelioma lawsuit will end with a final settlement or verdict. The verdict may be awarded compensation to the victims or their families. It could also determine whether or not a defendant is accountable for an asbestos-related injury, or death. The time required to reach a final verdict will vary from case to. The amount that is awarded, the quality of the evidence and the number of parties affect how long it takes to resolve a case of mesothelioma. Asbestos victims should seek out an experienced lawyer as soon as they can to protect their rights throughout the entire mesothelioma lawsuit process. Lawyers can assist families and victims to get a better understanding of the complex legal procedures and deadlines. A lawyer can help ensure that a claim is not denied compensation because the statute of limitations has run out. After determining the type of mesothelioma lawsuit, victims or their attorneys will start collecting all necessary documentation for the claim. This includes mesothelioma diagnoses and proof of exposure. Based on the specific circumstances, there may be several asbestos companies or trusts that are responsible and will pay compensation to victims for asbestos-related injuries. The lawyer will look into the history of exposure to asbestos and determine which companies are liable. 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. The lawsuits are usually brought by large companies who employ teams of defense lawyers to try to thwart the claim of the victim. Expert mesothelioma lawyers are able to stop these efforts and keep the lawsuit going. The victim will not be able to receive compensation if a mesothelioma lawsuit is not filed in time. The statute of limitation differs from state to another, and for personal injury claims and wrongful deaths, it's different. If a victim or a family member have any questions about the statute of limitations and the time limit, they should contact a mesothelioma lawyer firm as soon as possible to discuss their options. A mesothelioma lawyer will review the case to determine where to file it to increase the chances of a successful outcome.