Mesothelioma Lawsuit Timeline
The mesothelioma timeline for lawsuits varies from case to case. Certain states, for instance have different statutes of limitations for personal injury and wrongful death claims.
The legal process can start once a mesothelioma attorney has concluded that you have an appropriate claim. Settlements are generally faster than trials. The specific procedure of mesothelioma lawsuits will depend on the defendants and other elements.
The Statute of Limitations
A person who has been diagnosed with mesothelioma only has the time for filing a lawsuit. This time frame is also known as the statute of limitations, can differ by state and type. In most personal accident and wrongful death cases, the clock starts ticking at the time of an accident or injury. Asbestos-related cases are different. Asbestos-related victims may not show symptoms or know they have a mesothelioma diagnosis until decades after exposure. To protect their clients, mesothelioma lawyers must be familiar with the limitations on liability in each state.
A mesothelioma lawyer can look over the medical records of a patient interview witnesses, and look over documents to determine the most appropriate option for legal action. A mesothelioma attorney can also determine damages for a client. This includes the compensation for future and past losses suffered by a patient, including lost wages and other expenses associated with illness, as well as pain and suffering.
Lawyers for mesothelioma consider the victim's age and family status and any financial consequences that the disease may have. The compensation can be paid out in a lump sum or in monthly installments based on the terms of the settlement agreement. A mesothelioma case could take 18 months or longer to settle, but a skilled attorney is able to advocate for a faster resolution and can negotiate with defendants to ensure the process is as smooth as it can be.
If a patient dies of mesothelioma prior to receiving compensation the family may make a claim for wrongful death. These types of claims are more complex, but they are still able to be filed within the statutes of limitations. A mesothelioma lawyer can explain the statutes of limitation in cases of wrongful death to help families understand what options they have to pursue compensation.
Filing an action
After a lawsuit has been filed, the first step could take a few weeks, or even months. The legal team will collect information about the asbestos exposure that led to your illness. They will also identify defendants and draft an official complaint. average settlement for mesothelioma lawsuits are then given a limited amount of time to respond.
Once this phase is completed then the discovery phase can begin. This is the most complex stage and could take anywhere from six to eight months to complete. It involves gathering information depositions, depositions, and examining documents. It may also involve negotiations, where your lawyer tries to get a fair settlement offer from the defendants.
Mesothelioma lawyers usually are paid on a contingency basis. It means that you won't be charged a fee up upfront to engage an attorney. Instead, they will charge a fee only when your case is won or settled. This fee is typically an amount of the damages you receive.
The majority of people who are involved in mesothelioma lawsuits seek reimbursement for their medical expenses, lost income and other expenses that are attributed to their diagnosis. Additionally, they could also be entitled to a range of non-economic damages which are harder to quantify. Mesothelioma patients are also frequently awarded punitive damages, which are the amount a jury decides to punish the defendant for their negligence.
Discovery
Mesothelioma patients must provide solid evidence to prove their claims. This can be accomplished by utilizing a variety of documents, including medical records, employment histories, military service records, witness statements and proof of exposure to asbestos. Lawyers who have experience in asbestos litigation be aware of the documentation required and will be able to secure it quickly. They also know the tactics asbestos companies employ to deflect victims from paying what they deserve.
The process of discovery can take a significant amount of time. Lawyers for asbestos victims' attorneys have to comb through decades-old purchase order documents, identify witnesses and conduct additional research to establish the 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.
Following the discovery process, mesothelioma lawyers can either prepare for trial or negotiate settlements with their clients. Settlements can be a better option than a lengthy trial and the timeline for a mesothelioma case can be reduced.
If a person is diagnosed as sick to death, their lawyer can submit a motion for preference in a trial setting to have the case expedited. Seniors, veterans and those with ill health can benefit from this option which could reduce the timeframe for mesothelioma. The best way to investigate your options is to get a free mesothelioma case review by a reputable law firm. The best mesothelioma law firms offer these consultations at no cost to victims and their families.
Trial
While it is possible that mesothelioma cases could go to trial, the defendants are more likely to settle instead of risking a bad verdict. Settlements are less expensive for the defendants than trials. Settlements are also final and will end your lawsuit. A trial is a long and drawn-out process that can be stressful for the victims as well as their families.
When defendants receive the demand letter, a process called discovery can begin. It involves both parties sharing information, and can take several weeks or months. Following this stage, the defendants need time to prepare for trial and submit a motion for summary judgement or dismissal.
The court will examine the plaintiff's claim to determine if there's any evidence that the defendant is responsible for the death or injury and is therefore liable for any compensation. The court can also award damages, such as economic and noneconomic compensation which can include medical costs as well as lost wages, funeral costs and documented suffering and pain.
Asbestos victims and their families often have multiple claims filed based on multiple asbestos exposure sites. Some cases are also filed in more than one state because of asbestos exposure sites or the victim's residence. In certain cases mesothelioma lawyers are able to help families of victims receive multistate compensation which is simpler to calculate and verify. If a victim's family or they win compensation, the payments will begin when the verdict is announced. The compensation can be paid in a single lump amount or in monthly installments. A mesothelioma lawyer can negotiate a settlement as fair as is possible for clients.
Settlement
In this phase, your lawyer will assist you in the settlement of your compensation claim. Generally, the lawyers for both sides will negotiate an agreement that reflects how mesothelioma has affected your quality of life, which includes suffering and pain. Your lawyer will also analyze your losses, including the loss of income and other financial costs.
Settlements are more popular than trials because they take less time and allow victims to receive their settlement at the right time. In addition, the majority of companies prefer to settle instead of risking a costly trial verdict. Your attorney can negotiate the most favorable settlement for you.
Once your lawyer has collected all relevant information and documents, they will file your lawsuit against the defendants. The defendants will be given some time to respond before the court will approve the final settlement.
A mesothelioma claim can be filed under the personal injury claim or wrongful-death claim. A wrongful death claim is filed on behalf of the victim who died from asbestos exposure, and it follows the same timeline as an injury claim for personal injury.
Your mesothelioma lawyer will decide the best venue for your case depending on a range of factors. Included in this are the state laws, jurisdiction and evidence. In addition, the lawyer will be able determine any possible sources of funding that could be available. It could be compensation from the asbestos trust fund. These trust funds were put in place by companies who were responsible for asbestos exposure, but couldn't afford to fight the lawsuits. These trusts were created to compensate victims and their families. For more information, contact an experienced mesothelioma lawyer today.