Mesothelioma Lawsuit Timeline
The timeframe for mesothelioma lawsuits is dependent on the particular case. Some states, for example have different statutes of limitations for personal injury and wrongful deaths claims.
Once a mesothelioma lawyer has determined if you have a viable claim the legal process will begin. In general, settlements are less time-consuming than trials. However the exact mesothelioma lawsuit process will depend on the defendants as well as other aspects.
The Statute of Limitations
A mesothelioma patient has a short amount of time to file a lawsuit. This time frame is also known as the statute of limitations, can differ by state and type. In the majority of personal injury cases and deaths caused by negligence, the clock begins to tick at the moment of the incident or injury. However asbestos-related cases differ. Asbestos-related victims may not show symptoms or realize they have a mesothelioma diagnosis until decades after exposure. To safeguard their clients, mesothelioma lawyers must be familiar with the statute of limitations in each state.
A mesothelioma attorney can review the medical records of a patient interview witnesses, and look over documents to determine the best option for legal action. A mesothelioma lawyer will also calculate damages for a customer. This includes compensation for patient's past and future losses, such as lost wages, expenses related to the disease, suffering and pain.
Mesothelioma lawyers will consider the victim's age, family situation and any future financial impact of the disease. The compensation can be paid as a lump sum, or in monthly installments, contingent on the terms and conditions of the settlement agreement. A mesothelioma case could take 18 months or longer to settle. A skilled lawyer is able to advocate for a quicker settlement and negotiate to ensure that the process goes as simple and smooth as is possible.
If a patient dies of mesothelioma and is not compensated the family may bring a lawsuit to recover compensation for wrongful death. These cases are more complicated however they can be filed within the statute of limitations. An attorney for mesothelioma can explain the statutes of limitations in wrongful death cases to help families understand the options they have for compensation.
Filing an action
After a lawsuit has been filed, the first step can take several weeks or even months. This is when the legal team gathers information regarding the asbestos exposure that caused your illness, names defendants, and writes a formal complaint. The defendants are then given a specific period of time to reply.
The discovery phase starts after this stage. This is the most difficult stage, and it can take up to six months to complete. This stage involves gathering information including depositions, reviewing documents and depositions. Negotiation can also be part of the process, in which your lawyer will attempt to reach a fair settlement with the defendants.
Mesothelioma lawyers usually are paid on a contingency basis. This means that there is no upfront cost to hire an attorney and they will only charge a fee after winning your case or reaching a settlement. This is usually a percentage of the damages you receive.
The majority of people who file mesothelioma suits seek compensation for medical expenses, lost wages, and other expenses that are substantiated with the diagnosis. In addition, they may also be entitled to a range of noneconomic damages that are difficult to quantify. Punitive damages are often awarded to mesothelioma patients as punishment for the defendant.
Discovery
Mesothelioma patients have to present evidence that can back up their claims. Documentation is required in a variety of forms including medical records, employment histories, military service records, witness testimony and evidence of exposure to asbestos. Lawyers with expertise in asbestos litigation know what's required and how to obtain it quickly. They also know the strategies that asbestos companies use to deflect victims from paying the compensation they deserve.
The discovery process may take a considerable amount of time. Lawyers for asbestos victims' attorneys have to look through decades-old purchase orders histories, locate witnesses, and conduct other studies to determine the specifics of the asbestos exposure of each victim. Mesothelioma lawyers have access to experts who can assist determine the extent of each victim's exposure and the effect on their lives.
Once the discovery process is completed, mesothelioma lawyers can prepare a trial or negotiate a settlement with their clients. A settlement can be an alternative to a lengthy trial and the timeframe for mesothelioma cases can be reduced.
If a claimant has terminal illness, their lawyer can file a preferred motion in a courtroom to expedite the case. This can drastically reduce the mesothelioma timeline and it is available for veterans, senior citizens and those with an unhealthy state. The best way to explore your options is to get a no-cost mesothelioma case evaluation from an experienced law firm. The best mesothelioma law firms offer these consultations at no cost 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 settle the case rather than take a risk on a bad verdict. Settlements are cheaper for the defendants than trials. Settlements are also definitive and will conclude your lawsuit. A trial can be a lengthy and drawn-out process that can be stressful for victims and their families.
When defendants receive the demand letter, a process called discovery can begin. It involves the parties exchanging information, and it can take a few weeks or even months. After this stage is completed, the defendants will need time to prepare for trial and could submit a motion for dismissal or a request for summary judgment.
The court will look into the plaintiff's claim to determine if there is any evidence that the defendant caused the injury or death, and therefore, should be held accountable for compensation. The court may also award damages, including economic and noneconomic compensation which can include medical expenses and lost wages, funeral costs and documented pain and suffering.
Asbestos patients and their families file multiple claims for asbestos exposure at multiple sites. Certain cases are also filed in more than one state because of asbestos exposure sites or the victim's residence. In some cases mesothelioma lawyers are able to help families of victims receive compensation across states which is simpler to calculate and verify. If the victim or their family wins compensation, they can begin receiving payments soon after the verdict is announced. Compensation can be paid in one lump amount or in monthly installments. A mesothelioma lawyer can negotiate a settlement as fair as is possible for clients.
Settlement
During this stage, your lawyer will assist you in settling your compensation claim. Typically, the lawyers on both sides will negotiate a settlement that reflects how mesothelioma affects your quality of life, including pain and suffering. Your lawyer will also assess your losses, which include the loss of income as well as other financial costs.
Settlements are commonplace because they take less time than a trial and allow victims to receive compensation when they require the most. Most companies would rather settle than risk an expensive trial verdict. Your lawyer can negotiate the best settlement for your needs.
After your lawyer has gathered the relevant information, he will begin the process of filing your lawsuit. The defendants will be given some time to respond before the court approves your final settlement.
A mesothelioma claim can be filed as a personal injury claim or a claim for wrongful deaths. A wrongful death claim is filed on behalf of a victim who passed away due to asbestos exposure, and it follows the same timeline as the personal injury claim.
Your mesothelioma lawyer will decide the best venue for your case depending on a number of factors. Included in this are state laws, jurisdiction and evidence. Additionally, the lawyer can identify any potential sources of funding that could be available. This could include compensation from asbestos trust funds. These trust funds were put in place by companies who were responsible for asbestos exposure, but couldn't afford to fight the lawsuits. The trusts were set up to pay compensation to victims and their families. For more information, contact an experienced mesothelioma attorney today.