Mesothelioma Lawsuit Timeline
The timeframe for mesothelioma lawsuits is dependent on the particular case. Certain states, like, have different statutes of limitation for personal injury and wrongful deaths claims.
The legal process can begin after a mesothelioma lawyer has determined that you have an appropriate claim. Settlements are usually quicker than trials. The exact procedure for mesothelioma suits will depend on the defendants as well as other elements.
The Statute of Limitations
A person diagnosed with mesothelioma has a limited amount of time to file a lawsuit. The time frame, known as the statute of limitations is dependent on the state and type of claim. In the majority of personal injury claims and fatalities caused by negligence the clock starts to tick at the moment of the injury or accident. However, asbestos-related cases are different. Asbestos sufferers may not experience symptoms or know they have mesothelioma symptoms until years after exposure. To protect their clients mesothelioma attorneys must be familiar with the statute of limitations for every state.
A mesothelioma lawyer will review medical records of a client, interview witnesses, and look over documents to determine the best legal option. The mesothelioma lawyer can also determine the value of a client's losses. This includes compensation for past and future expenses of a patient which includes lost wages and costs due to the disease as well as suffering and pain.
Lawyers for mesothelioma will examine the victim's age and family status and any financial implications that the disease may have. Compensation can be paid in a lump sum or in monthly installments depending on the terms of the settlement agreement. A mesothelioma lawsuit could take 18 months or longer to settle, but an experienced attorney can seek a faster settlement and negotiate with defendants to ensure the process is as smooth as is possible.
If a patient dies from mesothelioma and is not compensated, their family can file a lawsuit for the cause of death. These lawsuits are more complex however they can be filed within the statute of limitations. An experienced mesothelioma lawyer can explain the statute of limitations for cases of wrongful death and assist families with understanding their options regarding compensation.
Filing a Lawsuit
Once a lawsuit is filed, it could take weeks or even months to complete the first stage of the lawsuit. The legal team will gather information about the asbestos exposure which caused your illness. They will also identify defendants and draft an official complaint. The defendants are then given a specific number of days to respond.
After this phase is complete and the discovery phase is in full swing, the next step begins. This is the most complex stage, and typically takes a minimum of six months to complete. This stage involves gathering data including depositions, reviewing documents and depositions. It may also involve negotiation, which is when your lawyer attempts to get a fair settlement offer from the defendants.
The majority of mesothelioma attorneys operate on a contingency fee basis. This means that you won't be charged an upfront fee up in the beginning to hire an attorney. Instead, they'll charge you a fee after your case is either won or settled. This is usually the amount of the damages.
Most people who make mesothelioma claims seek compensation for medical expenses, lost income, and other expenses that are attributed to their diagnosis. In addition, they may also be entitled to a range of non-economic damages which are harder to quantify. filing a mesothelioma lawsuit are typically awarded to mesothelioma patients as punishment for the defendant.
Discovery
Mesothelioma patients must provide solid evidence to back up their claims. Documentation is required on a variety of forms, including medical records and employment histories, military service records, witness testimony and proof of exposure to asbestos. Lawyers with expertise in asbestos litigation will be aware of the documentation required and will be able to secure it quickly. They also know the strategies asbestos companies use to evade paying victims their dues.
The discovery process can take a lot of time. Attorneys for asbestos victims must look through the decades-old documents of purchase orders, search for witnesses, and conduct additional research in order to establish the exact details of each victim's asbestos exposure. Mesothelioma lawyers have access to experts who can assist determine the extent of each victim's exposure and the impact it has on their lives.
After the discovery process, mesothelioma lawyers can prepare for an appeal or negotiate settlements with their clients. A settlement could be an alternative to an extended trial, and the timeline for a mesothelioma lawsuit can be reduced.
If a person is suffering from a terminal illness, their lawyer may file a preference motion in a court setting to expedite the case. This can dramatically reduce the mesothelioma timeline, and it is available for seniors, veterans and those with an unhealthy state. The best way to research your options is to request an unreserved mesothelioma review from a reputable law firm. These consultations are offered at no cost by most reputable mesothelioma law firms to patients and their families.
Trial
Although it is possible that a mesothelioma case could reach trial, defendants are more likely to offer settlements than risk a bad verdict. Settlements are cheaper for defendants than trial. Additionally, a settlement is final and ends the lawsuit. A trial involves a long and drawn-out process that can be stressful for the victims as well as their families.
Once the defendants have received the demand letter, the process known as discovery can begin. This involves both parties exchanging details, and it could be a long time of weeks or months. After this phase the defendants will need time to prepare for trial and submit a motion to have summary judgment or dismissal.
The court will review the plaintiff's claim to determine if there is any evidence that the defendant caused the injury or death, and is therefore liable for compensation. The court may also make awards for damages, including economic compensation as well as non-economic compensation. This can include medical expenses, lost wages funeral costs, documented discomfort and pain.
Asbestos victims and their families typically file multiple claims based on multiple asbestos exposure sites. Certain cases are also filed in more than one state due to asbestos exposure sites or the victim's home. In certain instances, a mesothelioma lawyer can assist victims and their families receive compensation across states that is easier to calculate and confirm. If the family of a victim or they are awarded compensation, the payments will begin when the verdict is announced. Compensation can be paid as one lump sum or in monthly installments. A mesothelioma lawyer can negotiate a settlement that is as fair as it can be for their clients.
Settlement
At this point, your lawyer will assist you in the settlement of your compensation claim. Typically, the lawyers on both sides will agree to a settlement that reflects how mesothelioma affects your quality of life, including pain and suffering. Your lawyer will also consider your losses, like the loss of income or other financial expenses.
Settlements are commonplace because they are less time-consuming than a trial and permit victims to receive their compensation when they require it the most. The majority of companies prefer to settle than risk an expensive trial verdict. Your attorney can negotiate the best settlement for your needs.
Once your lawyer has gathered all the relevant information and has filed your lawsuit against the defendants. The defendants will be given a certain amount of time to respond before the court accepts your final settlement.
A mesothelioma case can be filed as an injury claim for personal injury or wrongful-death claim. A wrongful death claim is filed on behalf of the victim who passed away due to asbestos exposure, and it follows the same procedure as an injury claim for personal injury.
Your mesothelioma lawyer will determine the correct location for your case based on a variety of factors. These include jurisdiction, state laws and evidence. In addition the lawyer will be able determine any possible sources of funding that might be available. It could be compensation from an asbestos trust fund. These trust funds were established by companies who were liable for asbestos exposure, but were inundated with lawsuits they could not afford to fight. The trusts were set up to pay the victims and their families. Contact a mesothelioma lawyer now for more details.