Mesothelioma Lawsuit Timeline
Most mesothelioma cases are settled before trial. The defendants do not want to take the risk of a huge verdict.
Professionally trained attorneys will work to get cases fast-tracked so that claimants can receive compensation as soon as they can. Settlements are more secure than court rulings because they provide a more assured payment.
1. Preparation and filing
A lawsuit can help if you or someone you care about has been diagnosed with Mesothelioma. Lawsuits provide compensation to help families of victims with medical bills that are costly and funeral costs. Compensation also covers physical and emotional suffering.
An experienced mesothelioma attorney will prepare the required legal documents and file them with the appropriate court. They will determine the correct jurisdiction in light of your mesothelioma diagnosis asbestos exposure, as well as potential defendants. A lawyer will also make sure that the mesothelioma statute limitations is met, ensuring that your claim is filed in time before the deadline.
Within 30 days of the date that the lawsuit was filed the defendants usually respond. Your lawyer will be able to handle any defenses or denials of responsibility. During this time the parties will continue to collect information using the discovery process.
After the discovery stage, your mesothelioma lawyer will collaborate with the attorneys of the defendants to reach an out-of court settlement. lawsuit for mesothelioma are resolved through a settlement, and do not require trial. However, if you and the defendants fail to reach a deal the case will go to trial.
It is crucial to find a mesothelioma law firm with experience in your region since every court has its own rules and procedures for cases. In addition, certain mesothelioma lawyers have relationships with legal firms in appropriate places, which can speed up the trial process and increase the likelihood of an outcome that is successful. A mesothelioma lawyer can help you understand your legal options and guide you through this difficult procedure. We will represent you until the final decision is reached, including any possible appeals.
2. Waiting for an answer
If you file a lawsuit, the defendants must respond within a certain number of days. The timeframe depends on the nature of the claim and how complex the case. A mesothelioma case with several defendants who are liable will take longer to settle than a lawsuit with only one or two responsible parties.
To avoid missing the time limit, asbestos victims should seek compensation as soon as possible. The majority of states allow patients to bring a mesothelioma lawsuit to recover personal injury or wrongful deaths within 2-3 years of diagnosis. A top mesothelioma attorney can assist victims in meeting the deadline.
Lawyers who specialize in mesothelioma conduct research on the disease, interview witnesses and gather evidence to back your claim. They will also determine if you qualify for other sources of compensation like trust funds, workers' compensation or Department of Veterans Affairs.
Many mesothelioma cases can be settled outside of court. A settlement agreement between the plaintiffs and the asbestos companies responsible allows both parties to avoid lengthy trials and receive compensation faster.
The majority of settlements begin to award the amount for medical expenses as well as other damages within 90 days after they're filed. However, asbestos claim settlement timelines vary depending on several factors.
Frost Law Firm's mesothelioma lawyers can assist you in understanding your legal options and the claims that are appropriate. They also work with your health insurance company and Department of Veterans Affairs in order to speed up the process. They can also assist with an appeal for mesothelioma if required. Contact us now to begin. Our law firm is able to serve clients nationwide.
3. Discovery
Both sides will collect information in the discovery phase to prove their claims. The discovery phase can take several months as lawyers from both sides review medical documents as well as purchase orders from employers and other documents to locate evidence of asbestos exposure. Mesothelioma attorneys are also likely to meet with former and present workers who may have knowledge about where the asbestos was utilized at specific sites.
Mesothelioma, as well as other asbestos-related illnesses, can develop for decades following exposure. State laws, also known as statutes of limitations typically allow victims one to five years from the time they learned their diagnosis or when their asbestos symptoms first appeared to file a lawsuit. A mesothelioma lawyer can ensure that the patient is able to file a claim before the statute of limitations expires.
Multiple parties are usually liable in lawsuits involving mesothelioma or lung cancer, or other asbestos-related diseases. A construction worker who has many years of exposure to different jobs might have an action with a larger number of at-fault parties than a healthcare professional who worked on one place of work for a short period of time.
In these kinds of cases defendants have been known to not to accept responsibility or even claim that asbestos is not responsible for the victims' illness. An attorney for mesothelioma can argue against these arguments and demonstrate that plaintiffs deserve compensation.
Many mesothelioma settlements provide the payment of past and future medical expenses including lost wages as well as pain and suffering funeral costs. The payout is usually made in a lump sum payment or in monthly installments, subject to the conditions of the settlement agreement. The mesothelioma case is typically resolved in one year or less. If a trial is necessary, it could take longer.
4. Negotiating a Settlement
After decades of exposure to asbestos, many mesothelioma patients are diagnosed with the disease. Asbestos lawsuits have time limits that are known as statutes of limitations, which vary by state and case type. Personal injury mesothelioma plaintiffs typically have between one and four years to file a suit following their diagnosis or the discovery of asbestos symptoms. Families who have lost loved ones to asbestos-related diseases have up to three years from the date of death to file a wrongful-death lawsuit.
During the process of litigation, mesothelioma lawyers share details about the case with the defendants and conduct depositions to gather evidence to be used to support a plaintiff's claim. This is the discovery phase that can range between a couple of weeks to several months.
Once the information has been shared and the mesothelioma lawyer begins negotiations with defendants to negotiate an agreement for their client. The amount of the settlement will be contingent on a variety of factors, including the size of a victim's medical bills and the resulting suffering and pain. Additionally the amount of mesothelioma settlement can be determined through a jury's verdict in a trial lawsuit.
The money awarded to mesothelioma victims can help cover medical expenses, living expenses and provide for their families and future financial security. A successful outcome may be a long way off, particularly when large companies challenge a jury's verdict which can delay the payment. Our lawyers are skilled in thwarting these strategies and will do everything to ensure your case resolves quickly. For instance, we could submit a motion to speed up the process or request an expedited court hearing. This could help to reduce the amount of time mesothelioma cases take to settle or reach a verdict.
5. Trial
After your attorneys start a lawsuit, they will notify defendants and begin gathering evidence. This includes medical records and historical documents from the asbestos company, along with other evidence that can support your claim. The defendants are given a short time to respond. The defendants may agree to an agreement or the case may go to trial.
The trial phase of a mesothelioma lawsuit is where both sides present their arguments and the evidence they have presented to jurors or judges. The majority of mesothelioma lawsuits don't reach trial because the majority of cases settle outside of court.
Compensation from a mesothelioma lawsuit can allow victims to afford costly treatments, offer financial aid for the disease and provide peace of peace of mind to their families. Mesothelioma settlements also provide funeral expenses and other losses suffered by survivors.
The settlement process can occur at any stage of a mesothelioma litigation and depends on a myriad of factors, including state jurisdictions, evidence and the position of the defendant. Asbestos companies are more likely to settle a case when they are nearing a trial date.
If you are a victim of asbestos exposure, a knowledgeable lawyer will know who to sue and the best place to file your claim. In addition, your lawyer will ensure you are up to date on the statute of limitations and that all the required documents have been filed. They will then work with the lawyers of the defendants in negotiating the settlement. They will try their best to secure an award that covers all your needs. A mesothelioma agreement is more expedient than a trial and doesn't require appeals, which could delay your payout for months or years.