Mesothelioma Lawsuit Timeline

The mesothelioma statute of limitation is different from state to state. The clock begins ticking off at the time of the diagnosis (for personal injury claims) or death (for claims for wrongful death).

A knowledgeable mesothelioma lawyer is aware of the limitations of state law and can speed up the process of obtaining the compensation as fast as is possible. A faster resolution means that compensation is available when families and victims need it most.

The Discovery Phase


After you file your mesothelioma lawsuit, attorneys for both sides will go through the discovery phase. This is a crucial part of the legal process and often takes anywhere from 3 to 4 months. During this time lawyers will go through all evidence submitted to build your case for mesothelioma and collect more details regarding asbestos exposure you've experienced in the past. Your lawyer will also question you and any other witnesses involved in your mesothelioma claim. This may include written and in person depositions. Our mesothelioma lawyers are experienced in this area of litigation and will prepare for these interview sessions.

A mesothelioma attorney will use the information gathered during the discovery phase to determine the asbestos-related companies accountable for your illness or injuries. Asbestos defendants may try to delay the process so that they can avoid paying compensation for damages caused due to their negligence. It is therefore important to find a mesothelioma lawyer with experience and an aggressive approach.

Asbestos victims are typically awarded substantial financial compensation through settlements. A large portion of these settlements are made even before the trial is scheduled to take place which can save both parties a lot of time and anxiety.

Depending on the laws of your state and statutes of limitation depending on your state laws and statutes of limitations, you have up to five years from the date of diagnosis or the discovery of your mesothelioma to file a lawsuit seeking financial compensation. If a loved one of yours has died from mesothelioma, spouses and heirs can have three years to submit a wrongful death claim to claim compensation on their behalf.

A mesothelioma suit is filed in order to secure the verdict of a judge or to reach a settlement prior to trial. The American legal system is generally sympathetic to the victims of asbestos manufacturers and that is the reason why most mesothelioma lawsuits end in a settlement rather than going to trial.

Some mesothelioma settlement offers are made as soon as the trial begins, while others are only offered once attorneys are aware of the strength of each side's case. The median verdict in mesothelioma cases is approximately $2 million. However, the majority of cases are settled for much less.

The Trial Phase

Mesothelioma cases that get to the trial phase of a lawsuit typically take months to a year to settle. Many mesothelioma cases are settled out of court. It is beneficial for the victims to receive compensation sooner than those who had to go through the long trial and verdict process. Settlements also do not oblige victims to file appeals, which could drag on for years and cause delays to compensation payments.

The first phase of a mesothelioma case involves gathering evidence and data. A lawyer will review the work history of a victim to pinpoint asbestos-related exposure and the companies responsible for their disease. Defendant lists are created. Based on a person's mesothelioma type as well as the companies that were involved, there may be multiple defendants in a single claim.

Asbestos defendants might not be eager to pay large settlements and they may try a variety of strategies to avoid paying victims. They may try to conceal evidence or deny medical records related to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these strategies and stop them.

A mesothelioma lawyer may assist a victim in reducing their legal timeframe. If someone is terminally ill, they can file a motion for priority in court to speed up the litigation process.

The statute of limitations is another factor that can affect mesothelioma's timeline. This is because each state has laws that limit the length of time it takes to file an injury claim. Victims and their loved ones must act quickly to prevent the statute of limitations from running out.

Mesothelioma lawyers can also expedite the legal process by submitting a request to join a mesothelioma multidistrict litigation (MDL). MDLs group similar asbestos lawsuits for quicker processing. The Williams Law Firm has extensive experience handling MDLs and can handle your case at a much faster pace than if you filed an individual lawsuit.

If the mesothelioma lawsuit process is smooth, a decision can be reached within days of the trial phase. If the trial is complex and results in a wrongful verdict, it could take up to one year for victims to be awarded compensation.

Settlement Negotiations

Many asbestos victims and their families receive compensation without having to step foot in the courtroom. This is due to the fact that victims and their lawyers can settle a case prior to a trial. Settlements can occur after the initial offer was made and the defendant has been given a certain number of days to respond or even after the trial.

In most cases the process of negotiating settlements involves a back and forth exchange of offers, either through written correspondence or via phone. Stamford mesothelioma attorneys can last for weeks or months, or even years. During this stage, a mesothelioma attorney can assist their client in receiving the most compensation they can for their claim.

If a mesothelioma victim and their attorney are unable to come to a settlement during the negotiations, they can proceed to mediation which is a third-party person who assists both parties agree on a fair amount for compensation. It may take a while however, it is generally faster than waiting for the verdict of a jury.

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

The majority of mesothelioma cases are settled, even though every case is unique. Asbestos companies prefer to settle than risk a negative verdict at trial. They also know that making a case ready for trial will take time.

Asbestos-related lawsuits may be filed in the proper state and in the appropriate jurisdiction to accelerate the process. Certain states, for instance have laws which guarantee a trial within one year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the state where they can receive the highest amount of compensation within the shortest time. In addition, some states have special laws that allow the statute of limitation to begin on a victim's diagnosis date or the date they died, instead of their exposure dates. This is a great method to ensure that the statute of limitation does not expire before the victims receive compensation for mesothelioma.

Final Verdict

The final verdict or settlement is the final result of the mesothelioma lawsuit. The verdict could award compensation to the victims or their families. It will also decide whether or not a defendant is accountable for an asbestos-related injury, or death.

The length of time it takes to reach a final verdict is different from case to case. The amount of money awarded, the quality of the evidence and number of parties all affect how long it takes to settle a case of mesothelioma.

Asbestos sufferers should hire an experienced lawyer as soon as they can to protect their rights throughout the entire mesothelioma litigation process. Lawyers will assist victims and their families understand the complexities of legal procedures and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation due to the statute of limitations has expired.

After determining the nature of mesothelioma lawsuit, the victims or their attorneys will start gathering all the necessary documents for the claim. This includes mesothelioma diagnoses and proof of exposure.

Based on the particular situation, there could be several asbestos companies that are liable or trust funds that will pay a victim compensation for the asbestos-related injuries they sustained. The lawyer will research the victim's exposure history and determine which corporations are responsible. They will also determine the companies that have filed for bankruptcy and which asbestos trust fund to file a lawsuit with.

The asbestos lawsuits are atypical. They are typically brought by large companies who employ defense teams to try and derail the claim of the victim. Experienced mesothelioma lawyers know how to stop these tactics and keep the case moving forward.

If a mesothelioma claim is not filed within the timeframe, the victim will be barred from receiving compensation. The statute of limitations varies from state to state and the time limit for personal injury and wrongful death claims is different. If someone who is a victim, or a family member has any concerns regarding the statute of limitation and should contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer can review the case to determine where to file it to increase the chances of a successful result.