Mesothelioma Lawsuit Timeline
Most mesothelioma cases settle before trial. This is because defendants typically do not want to risk a large judgment against them.
Expert lawyers will attempt to get cases fast-tracked so that claimants can receive compensation as quickly as possible. Settlements are the most certainty of payment than a trial verdict.
1. Preparation and filing
If you or a loved one has been diagnosed with mesothelioma filing a lawsuit can help. Lawsuits offer compensation to victims and their families with expensive medical bills and funeral expenses. The compensation also covers physical and emotional suffering.
A seasoned mesothelioma lawyer will prepare and file the required legal documents with the appropriate court. They will decide which court to submit your case according to the mesothelioma diagnosis, asbestos exposure and potential defendants. A lawyer will make sure that the statute of limitations for mesothelioma has been met. This will ensure that your claim is filed before the deadline.
Within 30 days after the lawsuit is filed, the defendants will usually respond. This could include an assertion of the liability or other arguments which your lawyer will know how to deal with. During this period both parties will continue to collect information through the discovery procedure.
After the discovery phase, your mesothelioma attorney will work with the attorneys of the defendants to negotiate an out-of court settlement. The majority of mesothelioma cases are resolved by a settlement and don't go to trial. However, if you and the defendants are not able to reach a deal the case will go to trial.
It is essential to choose an attorney for mesothelioma who has experience in your jurisdiction, as each court has its own rules and procedures for cases. Some mesothelioma attorneys have relationships with firms located in the most reputable legal arenas. This will speed up the trial process and increase your odds of a favorable outcome. A mesothelioma lawyer can help you understand your legal options and guide you through this complicated process. We will be your advocates until the final verdict is reached, and that includes any appeals that might be possible.
2. Waiting for an answer
The defendants must respond to your lawsuit within a specified number of days. The timeframe is contingent on the nature of the claim and how complex the case. A mesothelioma lawsuit that has multiple defendants liable will take longer to settle than a lawsuit with only one or two responsible parties.
To avoid a violation of the statute of limitations asbestos sufferers should seek compensation as quickly as they can. Most state laws give patients two to three years from diagnosis to make a personal injury or mesothelioma lawsuit based on wrongful death. A reputable mesothelioma lawyer can assist victims in meeting the deadline.
Lawyers who specialize in mesothelioma conduct research on the disease, talk to witnesses and gather evidence to back your claim. They can also determine whether you qualify for other sources of compensation such as trust funds, workers compensation or Department of Veterans Affairs.
Many mesothelioma cases are settled outside of the courtroom. mesothelioma cancer lawsuit is because the settlement agreement between the plaintiff and the asbestos companies at fault permits both parties to avoid a lengthy trial and get compensation faster.
The majority of settlements begin awarding money to cover medical expenses and other damages within 90 days of the claim being filed. However, asbestos claim settlement timelines vary depending on several factors.
The mesothelioma lawyers from Frost Law Firm can assist you in understanding your legal options and the claims that are suitable. They can also work with your health insurance company and Department of Veterans Affairs in order to speed up the process. They can even assist in an appeal for mesothelioma if required. Contact us today to begin. Our law firm is available to serve clients nationwide.
3. Discovery
The discovery stage is when both sides gather information to back up their claims. The discovery phase can last several months as lawyers from both sides review medical documents, purchase orders from employers and other documents to find evidence of asbestos exposure. Mesothelioma lawyers may also speak to current and former employees who may know where asbestos was used.
Mesothelioma, as well as other asbestos-related illnesses, can develop for decades following exposure. State laws, referred to as statutes or limitations, allow victims between one and five years to file a suit starting from the moment they received their diagnosis or discovered asbestos-related symptoms. A mesothelioma lawyer will make sure that the patient files their claim before the statute expires.
Lawsuits involving mesothelioma, lung cancer or other asbestos-related diseases usually involve multiple liable parties. A construction worker who has years of exposure at different jobs may have an issue with more potential at-fault parties than a medical professional who was only on one place of work for a few months.
In these types of cases have been known to deny any responsibility or even argue that the patients' ailments aren't caused by asbestos. A mesothelioma lawyer can tell how to best fight these arguments and show that plaintiffs are entitled to compensation.
Many mesothelioma settlements include compensation for past and future medical expenses, loss of wages, pain and suffering and funeral costs. Compensation is typically paid as a lump-sum payment or monthly installments depending on the terms and conditions of the settlement agreement. The mesothelioma average case is settled in less than a year. If a trial is necessary it may take longer.
4. Negotiating a Settlement
After decades of asbestos exposure, many mesothelioma patients are diagnosed with the disease. Asbestos lawsuits have deadlines that are known as statutes of limitations that differ by state and type of case. Personal injury mesothelioma plaintiffs typically have between one and four years to file a lawsuit following their diagnosis or discovery asbestos symptoms. Families who have lost loved ones due to asbestos-related diseases can bring a lawsuit for up to three years after the date of death.
During the course of litigation, mesothelioma attorneys provide information about the case and conduct depositions in order to gather evidence that will support the plaintiff's claim. This is called the discovery phase, which can last anywhere from a couple of weeks to several months.
After sharing the information and the lawyer will then meet with the defendants in order to reach a settlement on behalf of their client. The amount of the settlement is contingent on a variety of factors including the amount of medical bills incurred by the victim and the pain and suffering they've experienced. In addition the amount of mesothelioma compensation can be determined through a jury's verdict in the course of a trial lawsuit.
Compensation received by victims of mesothelioma could be used to cover living expenses, medical costs and financial security for their families. A successful outcome may be a long way off, particularly if large companies appeal the verdict of a jury which can delay the payment. Our lawyers have experience fighting against these strategies and will do everything they can to ensure that your case is resolved quickly. For instance, we might submit a motion to accelerate the process or request an expedited court hearing. This can reduce the time it takes to settle a mesothelioma suit or to reach a final decision.
5. Trial
Once your attorneys have filed a lawsuit, they will notify defendants and begin gathering evidence. This includes medical records and historical documents from the asbestos company as well as other information that support your claim. The defendants will then be given a a short amount of time to respond. The defendants may agree to an agreement, or the case will proceed to trial.
The trial stage of a mesothelioma lawsuit is when both sides present their arguments and evidence to jurors or judges. Most mesothelioma lawsuits do not go to trial since the majority of cases settle outside of court.
Compensation from a mesothelioma suit can help victims afford expensive treatments, offer financial aid for the disease and provide peace of mind to their families. Mesothelioma settlements also provide funeral costs and other losses for survivors.
Settlements can be reached at any point in a mesothelioma lawsuit and depend on a range of factors, such as the state jurisdiction, the evidence available, and the position of the defendant. Generally, the closer a case is a trial date, the more likely asbestos companies will be to negotiate an agreement.
An experienced lawyer will know which defendants you must pursue and how to make a claim if you are an asbestos victim. Your lawyer will also ensure that you are aware of statutes of limitations, and that all necessary documents have been filed. They will then work with the attorneys of the defendants in negotiating a settlement. They will work hard to negotiate a settlement that covers all your needs. A mesothelioma deal is much faster than a trial, and does not require appeals that could delay your compensation by months or years.