Mesothelioma Lawsuit Timeline

The timeframe for mesothelioma litigation varies depending on the case. Certain states, like have different statutes of limitation for personal injury and wrongful death claims.

The legal process can start once a mesothelioma attorney has determined that you have an appropriate claim. Typically, settlements are faster than trials. However the exact mesothelioma lawsuit process will be based on the defendants and other factors.

The Statute of Limitations

A person diagnosed with mesothelioma only has the time for filing a lawsuit. This time period, also known as the statute of limitations, can vary by state and claim type. In the majority of personal accident and wrongful death cases the clock starts to tick at the time of an injury or accident. Asbestos-related cases are different. Asbestos victims may not experience symptoms or know they have mesothelioma until years after exposure. Mesothelioma lawyers must understand each state's statute of limitations rules to ensure their clients their rights.

A mesothelioma lawsuit settlements lawyer can review the medical records of clients or interview witnesses and examine documents to determine the best legal course of action. The mesothelioma lawyer will also calculate the value of a client's losses. This includes compensation for a patient's past and future losses, including the loss of earnings, the cost of living related to the illness, pain and suffering.

Mesothelioma lawyers will take into account the age of the victim, their family status and any potential future financial impact of the disease. Compensation may be paid as one lump sum or monthly installments, based on the terms of the settlement agreement. A mesothelioma case can take 18 months or longer to settle. However, a skilled lawyer knows how to file a mesothelioma lawsuit to seek a faster resolution and negotiate to make sure that the process is as simple and smooth as it can be.

If a patient dies from mesothelioma prior to receiving compensation, their family can file a lawsuit for the cause of death. These lawsuits are more complex but they can still be filed under the statute of limitations. An experienced mesothelioma lawyer can explain the statute of limitations applicable to cases of wrongful deaths and assist families in understanding their options for compensation.

Filing the Lawsuit

Once a lawsuit has been filed, the initial stage can take several weeks or even months. This is the time when the legal team collects details about the asbestos exposure that caused your illness, names defendants, and writes a formal complaint. The defendants are then given a limited period of time to reply.

The discovery phase begins after this phase. This is the most difficult stage and often takes a minimum of six months to complete. It involves gathering information, depositions, and reviewing documents. Negotiation can also be a part of the process, in which your lawyer will attempt to reach a fair settlement with the defendants.

The majority of mesothelioma lawyers work on a fee-for-service basis. This means that you won't be charged a fee up front to hire an attorney. Instead, they will charge a fee only when the case is decided or settled. The fee is typically a percentage of the damages.

Most plaintiffs in mesothelioma lawsuits seek compensation for medical expenses, lost wages, and other costs that are associated with the diagnosis. Additionally, they could also be entitled to a number of non-economic damages which are harder to quantify. Mesothelioma victims are also often awarded punitive damages, which are the damages that a jury awards to punish the defendant for their negligence.

Discovery

mesothelioma lawsuit settlement victims must have solid evidence to back their claims. This can be accomplished by utilizing a variety of documents, including medical records, employment histories documents from military service, witness statements and proof of exposure to asbestos. Lawyers with experience in asbestos litigation will be aware of the documentation required and can secure it quickly. They also know the strategies asbestos companies employ to avoid paying victims what they deserve.

The process of discovery can take a considerable amount of time. Lawyers representing asbestos victims must go through decades-old records of purchase orders, search for witnesses and conduct further studies to determine the exact details of each victim's asbestos exposure. Mesothelioma attorneys have access to experts that can determine the amount of asbestos exposure each victim received and its impact on their lives.

After the process of discovery is complete, mesothelioma attorneys can plan for a trial or negotiate a settlement for their clients. A settlement is a more efficient option than a long trial and the mesothelioma lawsuit time frame can be drastically reduced.

If a claimant is suffering from terminal illness, their lawyer may file a preference motion in a court setting to speed up the case. This can dramatically reduce the mesothelioma timeframe, and it is available for senior citizens, veterans and people in poor health. A free mesothelioma evaluation by an experienced law firm is the best way to find out about your options. These consultations are offered at no cost by top mesothelioma firms to victims and their families.

Trial

While it is possible that mesothelioma cases could go to trial, defendants are more likely to offer settlements rather than risk a negative verdict. Settlements are less expensive for defendants than a trial. A settlement is also final and will close your case. Trials are a long and drawn-out process that can be stressful for the victims and their families.

Once the defendants have received the demand letter and have received the demand letter, they can begin a process called discovery, which involves both sides exchanging information, and can last from weeks to months. After this stage is completed the defendants will require time to prepare for trial and make a motion to dismiss or firms a request for summary judgement.

The court will review the plaintiff's claim to determine if there is any evidence that the defendant caused the death or injury, and is therefore liable for any compensation. The court can also award damages, including economic and non-economic compensation, which can include medical costs and funeral expenses, lost wages and documented pain and suffering.

Asbestos patients and their families file multiple claims due to asbestos exposure at several sites. Some cases are also filed in more than one state due to asbestos exposure sites or the victim's home. In some cases, mesothelioma lawyers can assist families and victims to receive compensation across states. This is simpler to determine, verify, and calculate. If a victim's family or they are awarded compensation, payments can begin as soon as the verdict is declared. Compensation can be received as a lump sum or monthly installments. A mesothelioma lawyer can negotiate a settlement that is as fair as they can for their clients.

Settlement

In this phase your lawyer will help you in the settlement of your compensation claim. In general, both sides will come to an agreement that takes into account the impact of mesothelioma on your quality of life, which includes discomfort and pain. Your lawyer will also assess your losses, like the loss of income or other financial costs.

Settlements are common because they take less time than a trial and allow victims to receive compensation when they require it most. In addition, the majority of companies prefer to settle instead of risking an expensive trial verdict. However, your attorney can negotiate the most favorable settlement on your behalf.

After your lawyer has gathered all the relevant information, he will begin the process of filing your lawsuit. The defendants will be given a specific period of time to respond to your lawsuit before the court is able to approve an agreement to settle.

A mesothelioma claim can be filed as a personal injury case or a claim for wrongful deaths. A wrongful death claim is filed on behalf of the victim who died from asbestos exposure. It follows the same procedure as the personal injury claim.

Your mesothelioma attorney will determine the proper venue for your case based on a variety of factors. These include state laws and available evidence. The lawyer can also determine any funding sources. It could be compensation from an asbestos trust fund. These trust funds were set up by companies who were liable for asbestos exposure, but were inundated with lawsuits they could not afford to fight. These trusts were created to compensate the victims and their families. Contact a mesothelioma attorney today for more information.