Mesothelioma Lawsuit Timeline
The mesothelioma lawsuit timeline is different from case to. For instance, certain states set different statutes of limitations for personal injury and wrongful death lawsuits.
The legal process can begin when a mesothelioma attorney determined that you have an appropriate claim. Settlements are usually quicker than trials. However the exact mesothelioma suit process will depend on the defendants and other elements.
The Statute of Limitations
A person who has been diagnosed with mesothelioma only has an incredibly short time to file an action. This time frame, also known as the statute of limitations, may vary by state and claim type. In most personal injury cases and fatalities caused by negligence the clock starts to tick at the moment of the accident or injury. Asbestos-related cases are distinct. Asbestos exposure can cause symptoms and mesothelioma can develop decades later. To protect their clients mesothelioma lawyers must be familiar with the statute of limitations in each state.
A mesothelioma lawyer will review the medical records of a client interview witnesses, and look over documents to determine the most appropriate option for legal action. A mesothelioma lawyer may also determine the value of a client's losses. This includes the compensation for future and past losses of a patient, which includes lost wages and costs due to the disease as well as suffering and pain.
Mesothelioma lawyers will take into consideration the age of the victim, their family situation and any future financial consequences of the cancer. The compensation can be paid as an amount in one lump sum, or in monthly installments, depending on the terms and conditions of the settlement agreement. A mesothelioma claim could take 18 months or longer to settle. However, a skilled lawyer knows how to seek a faster resolution and can negotiate to ensure that the process goes as smooth and simple as is possible.
If a patient passes away from mesothelioma before receiving compensation the family may bring a lawsuit to recover compensation for the wrongful death. These claims are more complex but they can still be filed under the statute of limitations. An experienced mesothelioma lawyer can explain the statute of limitations in cases of wrongful deaths and help families understand their options regarding compensation.
Filing the Lawsuit
When a lawsuit is filed, it may take weeks or even months to complete the first stage of the lawsuit. This is the time that the legal team gathers information about the asbestos exposure that triggered your illness, determines the defendants, and writes a formal complaint. The defendants have a certain time to respond.
Once this phase is completed, the discovery phase begins. This is the most complex stage and could take anywhere from six to eight months to complete. It involves information gathering depositions, reviewing documents. It may also involve negotiations, where your lawyer will try to negotiate a fair settlement offer from the defendants.
Most mesothelioma attorneys work on a contingent fee basis. This means that you will not be charged a fee up upfront to engage an attorney. Instead, they'll charge you a fee after the case is decided or settled. The fee is typically a percentage of the damages.
Most people who file mesothelioma lawsuits seek compensation for medical expenses, lost income, and other costs that are related to their diagnosis. In addition, they may also be entitled to a range of non-economic damages which are difficult to quantify. Mesothelioma victims are also often awarded punitive damages, which are the damages that a jury awards to punish the defendant for their misconduct.
Discovery
Mesothelioma patients must provide solid evidence to back up their claims. This involves many different types of documents, including medical records, employment histories and military service records, witness statements and proof of asbestos exposure. Lawyers who have experience in asbestos litigation be aware of the types of documentation needed and will be able to secure it quickly. They also know the strategies asbestos companies employ to avoid paying victims dues.
The discovery process can take a significant amount of time. Attorneys for asbestos victims must search through decades-old records of purchase orders, search for witnesses and conduct other research in order to establish the specifics of each victim’s asbestos exposure. Mesothelioma lawyers have access to experts who can help determine the extent of exposure for each victim and the impact on their lives.
After the discovery process, mesothelioma lawyers can prepare for trial or negotiate settlements with their clients. A settlement can be an alternative to an extensive trial, and the timeline for a mesothelioma lawsuit can be shortened.
If class action lawsuit mesothelioma is diagnosed as terminally ill, their attorney can submit a motion for preference in the trial setting to have the case expedited. Veterans, seniors and people with ill health are able to benefit from this option, which can reduce the time frame for mesothelioma. The best way to investigate your options is to obtain an unreserved mesothelioma review from an experienced law firm. These consultations are offered free of charge by the top mesothelioma firms to victims and their family members.
Trial
While it's possible that the mesothelioma case could go to trial, it's far more likely that the defendants will offer settlements rather than take a risk on a bad verdict. Settlements are less expensive for the defendants than trials. Furthermore, a settlement will be final and ends the lawsuit. A trial can be a lengthy and drawn-out process, which can be stressful for the victims and their families.
Once the defendants have received the demand letter 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 phase, the defendants need time to prepare for a trial and can make 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 was responsible for the death or injury, and should be held liable for compensation. The court may also award damages, such as economic and noneconomic compensation which can include medical costs as well as funeral expenses, lost wages and documented suffering and pain.
Asbestos patients and their families file multiple claims due to asbestos exposure at multiple sites. Some cases are also filed in more than one state due to asbestos exposure sites or the victim's residence. In some cases mesothelioma lawyers can help victims and their families receive compensation across states which is simpler to calculate and confirm. If a victim's family or they win compensation, payments can begin when the verdict is declared. Compensation can be paid as lump sums or monthly installments. A mesothelioma lawyer can negotiate a settlement that is as fair as possible for their clients.
Settlement
In this phase your lawyer will assist you in settling your compensation claim. Typically, the lawyers on both sides will agree to a settlement that reflects how mesothelioma has affected your quality of life, as well as suffering and pain. Your lawyer will also assess your losses, including the loss of income as well as other financial costs.
Settlements are more common than trials due to the fact that they take less time and allow victims to get their compensation at the right time. Most companies would rather settle rather than risk a costly trial verdict. However, your attorney will be able to negotiate for the best possible settlement on your behalf.
After your lawyer has gathered all relevant information and documents, they will file your lawsuit against the defendants. The defendants will be given a certain amount of time to respond before the court accepts the final settlement.
A mesothelioma claim can be filed as a personal injury or a wrongful death claim. A wrongful death claim is filed on behalf of the victim who passed away from asbestos exposure, and it follows the same process as the personal injury claim.
Your mesothelioma lawyer will decide the most appropriate location for your case based on a variety of factors. These include state laws and available evidence. Additionally, the lawyer can identify any potential sources of funding that may be available. It could be compensation from an asbestos trust fund. These trust funds were put in place by companies who were responsible for asbestos exposure, but couldn't afford to fight the lawsuits. These trusts were established to pay compensation to victims and their families. Contact a mesothelioma lawyer now for more information.