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Mesothelioma Lawsuit Timeline The mesothelioma time limit differs from state to state The clock starts to tick at the time that a patient is diagnosed for personal injury claims or dies for claims for wrongful death A mesothelioma lawyer whos experienced will understand the statute of limitations in the state and how best to expedite compensation to ensure that victims receive their compensation as soon as possible Compensation is available to victims and their families when they need it the most The Discovery Phase After a mesothelioma lawsuit is filed attorneys from both sides will start the discovery phase This is a crucial aspect of the legal procedure and can take anywhere from 3 to 4 months During this time lawyers will review the evidence submitted to create your mesothelioma case and gather additional information regarding asbestos exposure in your past Your lawyer will conduct an interview with you as well as witnesses in the mesothelioma lawsuit This may include written and inperson depositions Our mesothelioma attorneys are seasoned in this area of litigation and will help you prepare for these depositions A mesothelioma attorney will use the information gathered in the discovery phase to identify the asbestos companies that are accountable for your illness or injuries Asbestos defendants arent eager to compensate for the damage caused by their negligence so they are likely to try to delay the process as much as they can It is therefore important to hire a mesothelioma lawyer who has experience and a strong representation Settlements are often used to pay compensation to asbestos victims financially A lot of these settlements are paid out before the trial takes place which can save both parties a lot of time and stress You have between one to five years based on the laws of your state or statutes of limitation from the time you were diagnosed with mesothelioma If Garland mesothelioma lawyers YouTube loved one of yours has died from mesothelioma spouses and heirs have up to three years in which to make a claim for wrongful death to claim compensation on their behalf The goal of a mesothelioma suit is to achieve an early settlement or a verdict in court The American legal system tends to be sympathetic to victims of asbestos producers which is why the majority of mesothelioma cases end in settlements rather than going to court Certain settlement offers for mesothelioma are made immediately after the litigation starts while others are not offered until lawyers are aware of the strengths and weaknesses of each partys claim 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 between six months and a year to settle However many mesothelioma cases settle out of the court It is beneficial for victims to receive compensation quicker than the case if they had to endure a lengthy trial and verdict Settlements dont require victims to to file appeals that could take years and delay the payment The first phase of mesothelioma cases involves gathering evidence and data A lawyer will go over the history of employment of the victim to determine asbestos exposure and the companies responsible for their disease Then a list of defendants is compiled Multiple defendants may be listed based on the type of mesothelioma and the corporations involved Asbestos defendants may not be keen to pay large settlements 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 lawyers are skilled in recognizing these tactics and strategies and how to stop them A mesothelioma lawyer can also help victims shorten their legal timeframe Anyone who is sick can file a prior motion in the court to speed up the process of litigation The statute of limitations is another factor that affects the mesothelioma timeline This is because each state has laws that limit the amount of time a person can make a claim for compensation The victims and their families must act swiftly to stop the statute of limitations from running out Lawyers who specialize in mesothelioma may also speed up the legal process by joining a multidistrict litigation MDLs can be used to group asbestos lawsuits to facilitate faster processing The Williams Law Firm has extensive experience with MDLs and can handle your case at a faster pace than if you filed a separate lawsuit If the mesothelioma litigation process goes well the final verdict could be reached within days after completing the trial phase However if the trial is complicated and results in a wrongful verdict it can take a few months or up to one year for victims to receive compensation Settlement Negotiations Many asbestos victims and their families are granted compensation without ever needing to go into a courtroom This is due to the fact that victims and their lawyers can settle a case before a trial Settlements can occur after the initial offer has been made and the defendant has had a certain number of days to reply or even after the trial In most instances the settlement negotiation process involves an exchange of offers either through written correspondence or over the phone It can take months weeks or even years During this stage a mesothelioma attorney can help their client receive the most compensation they can for their claim If the lawyer and the victim are unable to reach an agreement during the negotiations the two parties can then move to mediation This is when a third party can help both sides come to a fair compensation amount It can take some time but is usually much quicker than waiting for a verdict of juries Asbestos manufacturers concealed the dangers of their products for a long time In the end many military veterans workers and relatives of those who were exposed to asbestos have been diagnosed with a deadly mesothelioma cancer These victims may be qualified for compensation for medical expenses funeral costs and lost wages Each case is unique most mesothelioma claims end in an agreement Asbestos companies prefer to settle rather than be at risk of a poor verdict in court They also understand that making a case ready for trial will take time Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and in the right jurisdiction Certain states like have laws that guarantee a court trial within a year A mesothelioma lawyer with national recognition can assist victims in filing their case in the state where they can receive the most compensation within the shortest time Some states have laws that allow the statute of limitation to begin on a victims diagnosis date or their death date not the date of their exposure This is an excellent way to ensure the statute of limitations does not run out before victims receive compensation for mesothelioma Final Verdict The final verdict or settlement is the end result of the mesothelioma lawsuit The verdict could award compensation to the victims or their families The verdict could also determine if a defendant was liable for the death or injury caused by asbestos The time it takes to reach a final decision varies from case to case The amount that is awarded the quality of the evidence and the number of parties affect the time it takes to decide on a case of mesothelioma Asbestos victims should hire experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma lawsuit process Lawyers can assist victims and their families to understand the complexities of legal procedures and deadlines A lawyer can help ensure that the claim of a victim is not denied compensation because the statute of limitations has expired Once they have determined the type of mesothelioma suit victims or their lawyers will start collecting all the documentation required to support the claim This includes mesothelioma diagnosis records and evidence of exposure Based on the specific circumstances there could be many asbestos trusts or companies that are liable and will compensate the victim for their asbestosrelated injuries The lawyer will research the history of exposure to asbestos and determine which corporations are responsible They will also investigate 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 highly skilled defense lawyers paid large retainer fees in order to hinder a claim of a victim Expert mesothelioma lawyers are able to stop these attempts and keep the lawsuit going The victim will not be eligible for compensation if a mesothelioma claim is not filed in time The time limit for filing a lawsuit varies from state to state and the statute of limitations for personal injury and claims for wrongful death is different If someone who is a victim or a family member has questions about the statute of limitations or the time limit for filing a claim they should immediately contact a mesothelioma lawyer to discuss their options A mesothelioma lawyer will review the case to determine when to file it to maximize the odds of a positive result