Mesothelioma Lawsuit Timeline
The mesothelioma lawsuit timeframe is different from case to. Certain states, like have different statutes of limitation for personal injury and wrongful deaths claims.
The legal process can start after a mesothelioma lawyer has determined that you have a valid claim. Settlements tend to be quicker than trials. The exact procedure for a mesothelioma suit will depend on the defendants and other elements.
The Statute of Limitations
A person diagnosed with mesothelioma has a limited period of time to file a lawsuit. This window of time known as the statute of limitations, is dependent on the state and type of claim. In most personal injuries and wrongful deaths the clock begins to tick when there is an accident or injury. However, asbestos-related cases are different. Asbestos victims may not experience symptoms or know they have a mesothelioma diagnosis until decades after exposure. Mesothelioma lawyers must be aware of the statute of limitations in each state's rules to protect their clients rights.
A mesothelioma lawyer can examine the medical records of clients or interview witnesses and look over documents to determine the most legal option. A mesothelioma attorney will also determine damages for a client. This includes the amount of compensation for future and past expenses of a patient which includes lost wages and costs due to illness as well as pain and suffering.
Mesothelioma lawyers will take into consideration the victim's age, family status, and any future financial implications of the cancer. The compensation can be paid as an all-inclusive sum or in monthly installments, based on the terms and conditions of the settlement agreement. A mesothelioma claim may take 18 months or longer to settle. A skilled lawyer is able to push for an earlier resolution and negotiate to ensure that the process goes as smooth and simple as is possible.
If a patient dies from mesothelioma prior to receiving compensation, their family can bring a lawsuit to recover compensation for the cause of death. These claims are more complex however they can be filed under the statute of limitations. A mesothelioma lawyer who is experienced 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 is filed, it could take weeks or months to complete the initial phase of the litigation. This is the time that the legal team gathers information regarding the asbestos exposure that led to your illness, determines the defendants, and then drafts a formal complaint. The defendants are then given a limited period of time to reply.
The discovery phase starts after this stage. This is the most difficult stage, and it could take anywhere from six to eight months to complete. It involves gathering information, depositions, and reviewing documents. Negotiation can also be a part of the process, and your lawyer attempts to negotiate a fair settlement with the defendants.
Mesothelioma lawyers typically work on a contingency fee basis. It means that you will not be charged an upfront fee up in the beginning to hire an attorney. Instead, they will charge a fee only after your case is either won or settled. This fee is usually the amount of your damages.
The majority of people who file mesothelioma suits seek reimbursement for medical expenses, lost wages, and other expenses that are substantiated with their diagnosis. They may also be entitled noneconomic damages which are more difficult to quantify. Mesothelioma victims are also often awarded punitive damages. These are the damages that a jury awards to punish the defendant for their wrongdoing.
Discovery
Mesothelioma patients must provide solid evidence to prove their claims. Documentation is required in a variety of forms such as medical records, employment histories, military service records, testimony and proof of asbestos exposure. Lawyers with expertise in asbestos litigation know what is required and how to obtain it quickly. They also know the strategies asbestos companies employ to evade paying victims their dues.
The process of discovery can take a considerable amount of time. Asbestos victims' attorneys must comb through decades-old purchase order histories, find witnesses and conduct additional studies to determine the specifics of each victim's asbestos exposure. Mesothelioma lawyers have access to experts who can help determine the extent of each victim's exposure and the impact it has on their lives.
Following the discovery process, mesothelioma attorneys can either prepare for a trial or negotiate settlements for their clients. A settlement is more efficient option than a long trial and the mesothelioma litigation timeframe can be significantly reduced.
If a client is terminally ill, their attorney can file a motion for preference in a trial setting to expedite the case. This can significantly reduce the mesothelioma timeframe, and it is available for seniors, veterans and those with ill health. A free mesothelioma review by an experienced law firm is the best way to learn about your options. The top mesothelioma law firm offer these consultations for free to victims and their families.
Trial
Although it is possible mesothelioma cases will go to trial, defendants are more likely to settle instead of risking a bad verdict. Settlements are cheaper for the defendants than trials. Settlements are also definitive and will close your case. A trial is a long and drawn-out process, which can be stressful for victims as well as their families.
After the defendants have received the demand letters and received it, they can start the process of discovery, which involves both sides exchanging information, and can last from weeks to months. After this the defendants will need time to prepare for trial and file a motion to have summary judgment 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 should be held liable for any compensation. The court may also award damages, such as economic and non-economic compensation, which can include medical costs, funeral costs, lost wages and documented pain and suffering.
Asbestos patients and their families file multiple claims for asbestos exposure at a variety of locations. There are cases that are filed in more than one state due to the asbestos exposure sites or the victim's home. In certain cases, a mesothelioma lawyer can assist victims and their families receive multistate compensation, which is easier to calculate and verify. 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 as fair as possible for clients.
Settlement
In this phase your lawyer will help you in settling your compensation claim. In general, both parties will come to an agreement that reflects the impact mesothelioma has on your quality-of-life, including pain and discomfort. Your lawyer will also assess your losses, including the loss of income or other financial expenses.
Settlements are more popular than trials because they take less time and allow victims to get their settlement at the right time. Additionally, most companies will prefer to settle instead of risking a costly trial verdict. Your lawyer can negotiate the best settlement for you.
After your lawyer has gathered all the relevant information and documents, they will file your lawsuit against the defendants. Defendants will have a set amount of time to respond to your claims before the court decides on a final settlement.
A mesothelioma suit can be filed as a personal injury or a claim for wrongful deaths. A wrongful death suit is filed by a victim of asbestos exposure. It follows the same timeline for personal injury claims.
Your mesothelioma lawyer will determine the proper location for your case based on a variety of factors. Included in this are state laws, jurisdiction and evidence. The lawyer can also determine the possible funding sources. It could be compensation from an asbestos trust fund. These trust funds were established by companies that were liable for asbestos exposure, but who were faced with lawsuits that they could not afford to fight. These trusts were created to compensate the victims and their families. Contact average mesothelioma lawsuit settlements for more information.