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How Long Does a Mesothelioma Case Take A mesothelioma case is a personal injury lawsuit filed on behalf of an asbestos victim Mesothelioma sufferers should contact an experienced law firm to determine if theyre eligible for compensation Victims may receive monetary compensation to cover medical expenses lost income and pain and suffering A reputable mesothelioma attorney will assist victims to file an insurance claim and guide them throughout the process Statute of Limitations The statute of limitations is the period in the time a victim has to make a mesothelioma claim The deadline is set by state laws and may vary depending on the type asbestos case A mesothelioma lawyer can help patients understand the laws and make sure their claims are filed on time Many states have different statutes of limitations in the case of asbestosrelated personal injury as well as accidental deaths The statutes of limitation can also differ based on the asbestosrelated cancer and how long it took for symptoms to appear In most personal injury lawsuits the statute of limitations starts to expire when a victim becomes aware of a medical condition caused by exposure to asbestos Mesothelioma could take up to 50 years to manifest and many victims wont even know about their diagnosis until after the statute of limitations has expired To compensate for this delay some states allow the statute of limitations to start with the date of mesothelioma diagnosis instead of when a patient was exposed to asbestos The discovery rule is designed to ensure that patients are not left with no time to file a lawsuit before they realize their asbestos exposure caused their cancer However not all states follow this rule and statute of limitations for mesothelioma can be longer than those for other types of personal injury claims This is why it is important for victims to consult a mesothelioma lawyer as soon as possible even before the statute of limitations has expired A lawyer may be able in certain mesotheliomarelated cases to convince a court to extend a statute of limitations This is usually based on the severity of a mesothelioma sufferers illness and the extent to which the disease has advanced A mesothelioma lawyer can assist victims who have already been unable to file their claims within the statute of limitations look into other options such as trust fund claims or other sources of financial assistance They can also suggest alternative places where patients can file their claim which will increase the likelihood of success Gathering Evidence Depending on the type mesothelioma lawsuit evidence may include medical records witness statements asbestos documents as well as other types The strength and amount of evidence will affect the speed that a mesothelioma claim is heard in court Mesothelioma lawyers can help gather and organize this evidence so that it is presented in a proper manner in court A mesothelioma lawyer will also have access to a huge database of asbestos workers and their work histories which is a valuable asset when determining where and how exposure occurred The age of a person and their health status can affect the amount their mesothelioma cancer case is worth The more severe the mesothelioma diagnose more valuable the case but even milder diagnoses can qualify patients for compensation Mesothelioma lawyers will consider these aspects when assessing the worth of their clients claim When a mesothelioma diagnosis is made it is imperative for a patient to receive treatment as soon as it is possible This will reduce the severity of their symptoms as well as reduce the risk of having a recurrence Patients with mesothelioma are usually treated by surgery chemo and radiation These treatments are expensive and can result in significant financial losses because of lost wages An attorney for mesothelioma will be able to calculate the total cost of these expenses and include them into their clients mesothelioma settlement The ability of the mesothelioma attorney to determine how and when a patient was first exposed to asbestos may affect the time required for the case to be heard in the court Some courts have departments dedicated to asbestos cases This could speed up the process Other courts may have more asbestos claims that could cause the case to be delayed A mesothelioma lawyer that is experienced can also assist victims to seek compensation from asbestos trust fund These trusts were created by companies who were forced to bankruptcy because of their negligence in exposing asbestos workers These trusts hold over 30 billion in mesothelioma funds for patients The lawyer will be able to help clients complete the necessary documents and apply for compensation from these trusts How to File a Claim Mesothelioma attorneys can assist victims and their families file a lawsuit to ensure that asbestos companies are held accountable for their exposure Lawsuits can include personal injury and wrongful death claims The primary reason for pursuing a mesothelioma claim is to obtain compensation for medical expenses as well as lost wages pain and suffering Lawyers can aid victims in seeking compensation from a range of sources which include private insurance companies or governmentsponsored programs asbestos trust funds Before filing a lawsuit against mesothelioma lawyers must meet with the patient to find out about their exposure history as well as their work history It is crucial to understand what happened to patients and when they were exposed to asbestos in order to identify the most appropriate defendants Mesothelioma attorneys can then use this information to create a solid case on the victims behalf When pursuing compensation its essential to work with mesothelioma lawyers who know how to get the most value from a settlement or verdict miramar mesothelioma attorney can assist clients decide on the amount of compensation to request depending on the specific circumstances and financial requirements of their client Prior to going to trial plaintiffs in mesothelioma lawsuits can offer to settle outside of court These offers can include a lumpsum payment or annuity payments Mesothelioma attorneys will provide advantages and disadvantages of each choice so that the victims can make the best choice for themselves Discovery begins after a mesothelioma case is filed During this phase both parties will conduct depositions interviews and research to gather evidence to strengthen their case It is generally in the best interest of victims to settle rather than go to trial which is an extremely long process The average mesothelioma lawsuit is 1 million or more and the median mesothelioma jury award is 5 million or more It is important to keep in mind that every mesothelioma case is unique and will have specific circumstances So there is no mesothelioma lawyer who can guarantee a specific amount of settlement For this reason it is highly recommended to contact a mesothelioma lawyer firm as soon as possible In the end the decision to accept or decline a settlement will be left to the victim and their family members Going to Trial The majority of mesothelioma cases never go to trial Instead the majority of victims receive a settlement from their asbestos defendants The process can take up to 18 months to complete A monetary award in a mesothelioma lawsuit can aid victims and their families get medical treatment cover the cost of living and also pay for any income loss A lawsuit can be used to hold asbestos companies accountable for their wrongful conduct or negligence However a mesothelioma case can only be successful if it is filed by an experienced lawyer The Lanier Law Firm has the experience skill and dedication necessary to defend large corporations who mined asbestos and exposed their workers as well as the general population exposed to the dangerous substance If a victim is unwilling to accept a settlement their case will be heard by a judge and jury This step can take longer than settling a case and the defendants are entitled to appeal any verdict of a jury which is in favor of the plaintiff A mesothelioma lawyer will work hard to speed up the process so that their clients receive compensation earlier than later This lets the victim focus more on their treatment and relieves the financial strain The average mesothelioma settlement is approximately 200000 however it can differ greatly based on the particular circumstances of each case If a veteran or their family member is diagnosed with mesothelioma due to their service in the military they may qualify for additional disability benefits for veterans The value of a mesothelioma lawsuit can be increased by the loss of income that occurs when a patient or family members are unable to work due to their illness If a loved one has passed away due to mesothelioma or another cancer this could increase the value of the claim by including funeral costs and noneconomic damages resulting from the loss of companionship and support These damages are known as wrongful death awards