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Mesothelioma Lawsuit Timeline The statute of limitations for mesothelioma is different from state to state. The clock begins to tick from the date of diagnosis (for personal injury claims) or death (for claims for wrongful deaths). A skilled mesothelioma attorney understands state statutes of limitations and how to speed up the process to receive compensation as quickly as possible. Compensation is available to victims and their families when they require it most. The Discovery Phase After filing a mesothelioma suit attorneys on both sides will commence the discovery phase. This is a crucial part of the legal procedure and can last for 3 to 4 months. During this time lawyers will look over the evidence submitted to build your case for mesothelioma and gather more information regarding asbestos exposure you've had in the past. Your attorney will also interview you and any other witnesses involved in your mesothelioma claim. This could include written and in-person depositions. Our mesothelioma lawyers have experience in this area of litigation and will prepare for these interview sessions. A knowledgeable mesothelioma lawyer will use the information gathered during the discovery phase to determine which asbestos companies are liable for your illness and injuries. Asbestos defendants are not eager to compensate you for the harm they caused through their negligence, so they will likely attempt to delay the process as long as possible. It is therefore important to find a mesothelioma lawyer with experience and an aggressive approach. Settlements are often used to pay compensation to asbestos victims financially. These settlements are often made before the trial, saving both parties time and stress. You have between one to five years, based on the state law or statutes of limitations, from the date you were diagnosed with mesothelioma. If a loved one has died from mesothelioma within the last three years and their spouses or heirs are able to submit an application for compensation. The purpose of a mesothelioma case is to achieve an agreement before trial or a verdict in court. The American legal system tends to be tolerant of the asbestos victims and that is the reason why the majority of mesothelioma cases end in settlements, rather than going to court. Some settlement offers for mesothelioma settlements are immediately after the trial starts, while others are not announced until attorneys have a good understanding of the strength and weakness of each party's claim. The median mesothelioma trial verdict is about $2 million, but the majority of claims settle for far less than that. The Trial Phase Mesothelioma cases that reach the trial phase of a lawsuit usually take between a year and months to settle. However, many mesothelioma claims are settled out of court. This is beneficial for patients because they can receive compensation faster than if they went through a lengthy trial and verdict process. Settlements don't require victims to to file appeals that can take years to resolve and could delay payment. The initial phase of a mesothelioma lawsuit is gathering evidence and obtaining information. A lawyer will review the history of employment of the victim to determine asbestos exposure as well as the companies that are responsible for their condition. The defendant lists are then compiled. Multiple defendants may be listed based on the type of mesothelioma, as well as the corporate involved. Asbestos defendants may not be eager to pay large settlements and they may try a variety of tactics to avoid paying victims. For example, they might attempt to refute medical records or hide evidence of asbestos exposure. Our experienced mesothelioma attorneys are able to recognize these strategies and stop them. A mesothelioma lawyer can assist victims in reducing their legal timeline. If a person is diagnosed as terminally sick, they may make a motion for priority in court to speed up the litigation process. The statute of limitations is another factor that can affect the mesothelioma timeline. States have laws that limit the time the person has to make an action. The statute of limitations is dwindling, so the victims and their families need to take action quickly. Mesothelioma lawyers may also speed up the legal process by making a request to join a mesothelioma-related multidistrict litigation (MDL). MDLs group similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case faster than if you had filed separate lawsuits. If the mesothelioma lawsuit procedure goes smoothly and a final verdict is reached, a decision can be reached within days after the trial phase. If the trial is complicated and results in an unjust verdict, it may take several months, or up to one year, for victims to get compensation. Settlement Negotiations Many asbestos victims, as well as their families, get compensation without the need for a courtroom. It is possible for asbestos victims and their attorneys to settle a matter before a trial. Settlements can be made after the initial offer has been made and the defendant has had a certain number of days to reply or even after the trial. Mesothelioma lawsuits usually involve a back and forth exchange of offers during the settlement negotiation process either through written correspondence or via phone. This process could take weeks or months, and even years. In this stage mesothelioma lawyers can help their client receive the maximum compensation possible for their claim. If the victim and their lawyer cannot reach an agreement during these negotiations and they are unable to reach an agreement, they can move to mediation. This is where an outside party helps both sides to come up with an appropriate amount of compensation. It can take some time but is generally faster than waiting for the verdict of a jury. Asbestos manufacturers hid the dangers of their products for decades. As a result, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a fatal mesothelioma cancer. The victims can claim compensation to pay for medical bills, funeral expenses and lost wages. Each case is different, the majority of mesothelioma lawsuits end with an agreement. Asbestos firms would rather settle than risk a negative verdict at trial. They also understand that making a case ready for trial will take time. Asbestos-related lawsuits may be filed in the correct state and jurisdiction to speed up the process. Certain states, for instance have laws that guarantee a court trial within a year. A internationally recognized mesothelioma lawyer can assist victims in filing in the state that will provide them with the highest compensation in the shortest amount of time. Additionally, certain states have laws that allow the statute of limitations to start on a victim's diagnosis date or when they passed away, not their exposure dates. This is an excellent method to ensure that the statute of limitations does not expire before victims receive compensation for mesothelioma. Final Verdict The final verdict or settlement is the final result of the mesothelioma case. The verdict may award compensation to the victims or their families. It could also determine whether or not a defendant is liable for an asbestos-related injury or death. The time required to reach a final decision can vary from case to situation. The amount that is awarded, the strength of the evidence, and the number of parties have an impact on the time it takes to resolve mesothelioma cases. buffalo mesothelioma attorneys should seek out experienced lawyers as soon as they can to ensure their rights are protected throughout the mesothelioma lawsuit process. Lawyers can assist families and victims to learn about the complex legal processes and deadlines. A lawyer can also ensure that the statute of limitations doesn't expire before a victim receives compensation. Once they have determined the type of mesothelioma claim is filed, the victims or their lawyers will start collecting all the necessary documentation. This includes mesothelioma-related diagnoses and evidence of exposure. Depending on the case, there may be a variety of asbestos companies or trust funds that pay a victim compensation for their asbestos-related harms. The lawyer will investigate the history of exposure to asbestos and determine which companies are responsible. They will also discover which companies have filed for bankruptcy, and which asbestos trust funds to file a claim against. Asbestos-related lawsuits are not common. They typically involve large companies with teams of skilled defense attorneys paid substantial retainer fees in order to derail a 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 claim is not filed by the deadline, the victim will be barred from receiving compensation. The time limit for filing a lawsuit varies from state to state, and the time limit for personal injury and wrongful death claims is different. If a victim or a family member has questions about the statute of limitations and should contact a mesothelioma legal firm right away to discuss their options. A mesothelioma lawyer with experience will examine the case and determine when to file it to maximize their chance of a successful outcome.