Mesothelioma Lawsuit Timeline

The mesothelioma timeline for lawsuits is different from case to. Some states, for example, have different statutes of limitations for personal injury and wrongful death claims.

The legal process can begin once a mesothelioma attorney has determined that you have a valid claim. Settlements are generally quicker than trials. The specific procedure of mesothelioma suits will depend on the defendants and other factors.

The Statute of Limitations

A mesothelioma sufferer has a finite amount of time to make a claim. This time frame, also known as the statute of limitations, can differ by state and type. In the majority of personal injury claims and wrongful deaths, the clock begins to tick at the moment of the accident or injury. However asbestos-related cases are distinct. Asbestos exposure can cause symptoms and mesothelioma to grow for decades afterward. To protect their clients mesothelioma lawyers should be familiar with the statute of limitations in every state.

A mesothelioma lawyer can look over the medical records of a patient interview witnesses, and look over documents to determine the best course of legal action. A mesothelioma lawyer may also determine the value of the client's damages. This includes compensation for a patient's past and future loss, which includes the loss of earnings, the cost of living related to the illness as well as suffering and pain.

Mesothelioma lawyers will consider the age of the victim, their family status and any potential future financial consequences of the disease. Compensation may be paid as a lump sum or in monthly installments depending on the terms of the settlement agreement. A mesothelioma lawsuit may take 18 months or longer to settle. However, a skilled lawyer knows how to advocate for a quicker resolution and negotiate to ensure that the process is as simple and smooth as it can be.

If a patient passes away from mesothelioma prior to receiving compensation the family may make a claim for the cause of death. These types of claims are more complex, however they are still able to be filed within the statutes of limitations. An experienced mesothelioma lawyer will explain the statute of limitations in wrongful death cases and help families understand their options for compensation.

Filing a Lawsuit

Once a lawsuit has been filed, the initial stage can take several weeks or even months. This is the time when the legal team collects information about the asbestos exposure that led to your illness, names defendants, and then drafts a formal complaint. The defendants have a limited time to respond.

The discovery phase begins after this phase. This is the most complex stage and often takes a minimum of six months to complete. It involves information gathering, depositions, and reviewing documents. It can also include negotiations, where your lawyer will try to get a fair settlement from the defendants.

Mesothelioma lawyers usually operate on a contingency fee basis. This means that you won't be charged an upfront fee up in the beginning to hire an attorney. Instead, they will charge a fee only after your case is won or settled. This is usually an amount of the amount you are awarded.

Most people who are involved in mesothelioma lawsuits seek reimbursement for their medical expenses, lost income, and other documented costs related to their diagnosis. In addition, they may also be entitled to a range of non-economic damages that are more difficult to quantify. Mesothelioma sufferers are often awarded punitive damages. These are the damages that a jury awards to punish the defendant for their wrongdoing.

Discovery

Mesothelioma patients need to provide evidence to support their claims. Documentation is required on a variety of forms such as medical records, employment histories, military service records, witness testimony and evidence of asbestos exposure. Lawyers with experience in asbestos litigation know what is required and how to get it quickly. They also know the tactics that asbestos companies use to avoid paying victims the amount they deserved.

The discovery process can take a lot of time. Lawyers representing asbestos victims must look through the decades-old documents of purchase orders, find witnesses, and conduct additional research to determine the specifics of each victim’s asbestos exposure. Mesothelioma attorneys have access to experts who can assist in determining the amount of asbestos exposure each victim has endured and the effects it had on their life.

After the discovery process is complete, mesothelioma attorneys can prepare an initial trial or negotiate a settlement for their clients. A settlement is more effective alternative to a lengthy trial and the mesothelioma lawsuit timeframe can be significantly reduced.

If a claimant is suffering from terminal illness, their lawyer can file a preferred motion in a court setting to speed up the process. This can drastically reduce the mesothelioma timeframe, and it is available for veterans, senior citizens and people with poor health. The best way to research your options is to request a no-cost mesothelioma case evaluation from an experienced law lawsuit lawyer mesothelioma firm. These consultations are provided free of charge by the top mesothelioma firms to victims and their families.

Trial

While it's possible that the mesothelioma case could go to trial, it's far more likely that the defendants will offer settlements instead of taking a risk on a bad verdict. Settlements are less expensive for defendants than trial. A settlement is also final and will end your lawsuit. A trial can be a lengthy and drawn-out process, which can be stressful for the victims as well as their families.

After the defendants have received the demand letter and received it, they can start a process called discovery, which involves both parties exchanging information, and can last from weeks to months. After this phase the defendants will need time to prepare for a trial and can submit a motion for summary judgment or dismissal.

The court will examine the plaintiff's claim to determine if there is any evidence that the defendant caused the death or injury, and should be held liable for compensation. The court may also award damages, such as economic and non-economic compensation, which can include medical expenses, lost wages, funeral costs and documented pain and suffering.

Asbestos victims and their families typically make multiple claims on asbestos exposure at multiple sites. Some cases are also filed in more than one state due to asbestos exposure sites or the victim's home. In certain instances mesothelioma lawyers can help victims and their families receive multistate compensation that is easier to calculate and verify. If the family member or victim wins compensation, they can begin receiving payments soon after the verdict is declared. Compensation can be received as lump sums or monthly installments. A mesothelioma lawyer can negotiate a settlement that is as fair as possible for their clients.

Settlement

During this phase your lawyer will assist you to settle your claim for compensation. Generally, the lawyers for both sides will work out an agreement that reflects how mesothelioma affects your quality of life, including pain and suffering. Your lawyer will also assess your losses, including loss of income and other financial expenses.

Settlements are common since they are less time-consuming than a trial and allow victims to receive their compensation when they need the most. Additionally, most companies will prefer to settle instead of risking a costly trial verdict. Your attorney can negotiate the best settlement for your needs.

Once your lawyer has collected all the relevant information, they will file your lawsuit against the defendants. The defendants will have a predetermined period of time to respond to your claims prior to the court is able to approve a final settlement.

A mesothelioma claim can be filed under an injury claim for personal injury or as a wrongful-death claim. A wrongful death claim is filed on behalf of a person who died from asbestos exposure. It follows the same process as the personal injury claim.

Your mesothelioma lawyer will determine the best venue for your case based on a variety of factors. Included in this are the state laws, the jurisdiction and evidence. Additionally the lawyer will be able to determine any possible sources of funding that might be available. This could include compensation from asbestos trust funds. These trust funds were set by companies responsible for asbestos exposure but were unable to afford the lawsuits. These trusts were created to compensate victims and their families. For more information, call an experienced mesothelioma attorney today.