Mesothelioma Lawsuit Timeline

The mesothelioma time limit is different from state to state. The clock starts ticking from the date of the diagnosis (for personal injury claims) or death (for claims for wrongful deaths).

A mesothelioma lawyer who is skilled and knowledgeable knows the limitations of state law and how to expedite the process to receive compensation as quickly as possible. A faster resolution means that compensation comes when families and victims need it most.

The Discovery Phase

After filing your mesothelioma lawsuit, attorneys for both sides will go through the discovery phase. This is a crucial aspect of the legal procedure and can last for 3 to 4 month. During this period, lawyers examine the evidence provided to construct your mesothelioma claim and collect additional information about asbestos exposure in the past. Your attorney will also speak with you and any witnesses involved in the mesothelioma lawsuit. This could involve both depositions in person and in writing. Our mesothelioma lawyers are skilled in this area of litigation and will prepare for these interviews.

A skilled mesothelioma lawyer will use the data gathered during the discovery phase to determine which asbestos companies are liable for your injuries and illness. Asbestos defendants may try to delay the process to avoid paying compensation for damage caused by their negligence. It is therefore crucial to find a mesothelioma lawyer with experience and aggressive representation.

Settlements are typically used to compensate asbestos victims financially. A lot of these settlements are made before trial commences, which saves both parties a significant amount of time and stress.

Depending on your state laws and statutes of limitation You have a period of one to five years from the date of diagnosis or discovery of mesothelioma, to file a lawsuit seeking financial compensation. If a loved one of yours has passed away from mesothelioma in the last three years, their spouses or heirs can make an action for compensation.


The purpose of a mesothelioma suit is to negotiate an early settlement or a verdict in the court. The American legal system is known to be tolerant of the victims of asbestos producers and that is the reason why the majority of mesothelioma cases end in settlements rather than going to court.

Some settlement offers for mesothelioma are made immediately after the litigation commences, while other settlement offers are not made until attorneys have a clear understanding of the strength and weakness of each claim. The median mesothelioma trial verdict is about $2 million, but most claims settle for much less than that amount.

Santa Maria mesothelioma attorneys that get to the trial phase of a lawsuit usually take between six months and a year to resolve. Many mesothelioma cases are settled out of court. It is advantageous for victims to receive compensation sooner than the case if they had to go through a lengthy trial and verdict. Settlements don't require victims to make appeals, which can take years and delay payment.

The first phase of a mesothelioma suit is gathering evidence and obtaining information. A lawyer will review the work history of a victim to identify asbestos-related exposure and the companies responsible for their illness. Defendant lists are created. Based on a person's mesothelioma type and which corporations were involved, there could be several defendants in a single claim.

Asbestos defendants might not be keen to settle large sums of money and they may try a variety of strategies to avoid paying victims. They might try to hide evidence or conceal medical records related to asbestos exposure. Our mesothelioma attorneys are well-versed and know how to spot these tactics and thwart them.

A mesothelioma lawyer can help a victim shorten their legal timeline. Someone who is terminally sick can file a priority motion in court to accelerate the litigation process.

The statute of limitations is another factor which affects the timeline for mesothelioma. This is because states have laws that limit the length of time that a person has to make a claim for injury. The time-limit for filing claims is running out, so victims and their families have to take action quickly.

Mesothelioma lawyers can also speed up the legal process by making an application to join a mesothelioma multidistrict litigation (MDL). MDLs join similar asbestos lawsuits for faster processing. The Williams Law Firm is experienced in handling MDLs and can handle your case more quickly than if you had filed separate lawsuits.

If the mesothelioma lawsuit procedure is successful, a verdict can be reached within days after the trial phase. If the trial is lengthy and leads to an incorrect verdict, it could take several months, or up to a year for victims to receive compensation.

Settlement Negotiations

Many asbestos victims, and their families, are compensated without the need for an in-courtroom. It is possible for the victims and their attorneys to settle a matter prior to trial. Settlements can happen after the initial offer has been made and the defendant is given a set number of days to respond or after the trial has begun.

In the majority of cases the settlement negotiation process involves an exchange of offers either by written correspondence or over the phone. This process could take weeks, months, or even years. During this phase, a skilled mesothelioma lawyer can help their client get the highest possible amount of compensation they can get for their claim.

If a mesothelioma patient and their attorney cannot reach a settlement during the negotiation process, they could go to mediation which is a third party person who assists both parties reach an agreement on a fair amount of compensation. This can also take a while but is typically much shorter than waiting for a verdict from juries.

Asbestos manufacturers concealed the dangers of their products for years. Many workers, veterans, and relatives of asbestos-exposed individuals have been diagnosed with mesothelioma. This is a deadly cancer. The victims can claim compensation to cover medical bills, funeral expenses and lost wages.

While each case is different, the majority of mesothelioma cases end in the form of a settlement. Asbestos companies prefer to settle than risk a negative verdict in court. They also realize that making a case ready for trial can take a long time.

Asbestos victims and their lawyers can also speed up the process by filing an action in the correct state and within the appropriate jurisdiction. Certain states, like, have statutes which guarantee a trial within a year. A nationally recognized mesothelioma law firm can help a victim file in the jurisdiction that will award them the most compensation in the shortest time. Some states have laws that allow for the statute of limitations to begin at the victim's diagnosis date or death date, rather than their exposure dates. This is an excellent method to ensure that the statute of limitations does not run out before victims receive compensation for mesothelioma.

Final Verdict

The mesothelioma lawsuit will end with a final verdict or settlement. The verdict could award compensation to victims or their families. The verdict can also decide whether a defendant is liable for the death or injury caused by asbestos.

The length of time required to reach a final verdict is different from case to case. The amount that is awarded, the strength of the evidence and the number of parties involved all affect how long it will take to resolve a mesothelioma case.

Asbestos victims should hire experienced lawyers as soon as they can to ensure that their rights are protected throughout the entire mesothelioma lawsuit process. Lawyers will assist the families of victims to understand the complicated legal procedures and deadlines. A lawyer can also ensure that the statute of limitations doesn't expire before a victim is able to receive compensation.

Once they have determined the type of mesothelioma lawsuit, the victims or their attorneys will start collecting all the documentation required for the claim. This includes mesothelioma diagnosis records and proof of exposure.

Based on the circumstances, there may be various asbestos trusts or companies that are responsible and will pay compensation to victims for asbestos-related injuries. The lawyer will investigate the history of the victim's asbestos exposure to determine which corporations could be responsible. They will also determine which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit against.

Lawsuits involving asbestos are unique. They usually involve large corporations with teams of experienced defense lawyers who pay substantial retainer fees to try to derail a victim's claim. Expert mesothelioma lawyers are able to stop these efforts and keep the case moving forward.

If a mesothelioma lawsuit is not filed by the deadline, the victim will be barred from receiving compensation. The statute of limitations differs from state to another and also for personal injury claims and wrongful deaths it is different. If a victim or a family member has any concerns regarding the statute of limitations, they should contact a mesothelioma lawyer firm right away to discuss their options. A mesothelioma lawyer with experience will examine the case and determine where to file it to maximize the chances of a successful outcome.