Mesothelioma Lawsuit Timeline
A mesothelioma diagnosis could be devastating. The majority of patients are at or near retirement age and have to deal with mounting medical expenses.
Mesothelioma develops between 10 and 40 years after exposure to asbestos. State laws called statutes of limitations allow victims up to five years from the date of diagnosis or discovery to file a claim.
Statute of limitations
Mesothelioma lawyers work to ensure victims can file their lawsuits before the time limit expires. The time limit to file is dependent on the state and kind of claim. Personal injury claims generally have a statute of limitation that starts at the time of diagnosis, while the wrongful death claim is a matter of the date of death of the victim.
The main reason behind mesothelioma statutes of limitation is that the evidence in these cases can fade over time. As such, the law requires that victims act quickly to receive compensation for their loss.
For many victims that suffer from asbestos, this means reaching out to a mesothelioma lawyer immediately following a diagnosis of asbestos exposure. Attorneys can then begin compiling mesothelioma related information and identifying potential defendants accountable for the exposure.
Once all the data is collected the mesothelioma lawsuit may be filed in the proper court. lawsuit for mesothelioma to file a mesothelioma case varies by state, however attorneys can help victims determine the best filing location based on their job, employer and residence locations.
In certain states the statute of limitations can be extended to allow mesothelioma victims or their family more time to plan the case and gather evidence. This can be beneficial when a patient has been diagnosed with mesothelioma prior to the date of exposure or is considering a class-action or trust fund lawsuit.
Mesothelioma can be a devastating disease for families and can endure for decades following exposure to asbestos. Due to the lengthy time of latency that mesothelioma sufferers endure, many are not diagnosed until their last stages of life. Therefore, the statute of limitations typically expires before patients and their families realize that they must make a claim.
Preparation and filing
Your lawyer will collate details about your condition and mesothelioma exposure and then file a formal complaint. The defendants have 30 days to respond.
Your attorney will go over the responses of the defendants and decide whether to proceed with the case or go to trial. The more evidence you gather and shared during this phase of the litigation, the better your mesothelioma lawyers will have to negotiate on behalf of you. This stage of the process may be a long time consuming process that can take weeks or even months.
Many mesothelioma lawsuits settle before trial. This is because trials add time to the overall timeline and defendants might be more inclined to settle in order to reduce the risk of losing a verdict in court. However, certain cases do are resolved in court and the defendants might contest a winning decision.
Mesothelioma patients are entitled to compensation to pay for medical treatments and other expenses associated with their diagnosis. The costs could include medication and transport to specialist appointments and much more. Families of victims can be compensated for the emotional and financial losses they have suffered as a result of their loved one's passing.
You can hold asbestos-related companies accountable for their negligence by filing an action. Mesothelioma lawyers can also ensure that you receive a fair settlement to help secure the future of your family. Begin your legal journey by requesting a complimentary mesothelioma review. A lawyer will tell you if you are qualified for compensation due to mesothelioma and the way in which the statute of limitations applies to your case. This deadline varies from state to state, which is why it is important that you speak with a mesothelioma expert law firm as soon as you can.
Response
Asbestos victims can get compensation for mesothelioma by filing various legal claims. However, it could take an extended time to settle an issue and the amount awarded will depend on many factors.
Compensation is typically awarded in the form of a settlement, however, some cases may go to trial. Asbestos attorneys will negotiate on behalf of their clients to maximize the amount of compensation. The average mesothelioma settlement timeline can range from one to 12 months.
Attorneys begin a mesothelioma matter by gathering information about asbestos exposure and identifying defendants. They then prepare a formal complaint. The defendants are then given a set number of days to respond. If they don't respond within 30 days they are automatically excluded.
After the defendants have been notified of the lawsuit they are given the choice to settle the case or go to court. The majority of mesothelioma lawsuits are settled out of court.
Most mesothelioma lawsuits are filed by people who have been diagnosed with asbestos-related diseases or relatives of those who have died from mesothelioma. The lawsuits are filed against companies responsible for exposing the victims to asbestos, typically over a long period of time.
Our lawyers at Weitz & Luxenberg can handle the entire process, from beginning to end. So you can concentrate on your health and family. We also recognize that time is precious and will speed up the claim process to get you your compensation in the shortest time possible. We will also manage all aspects of your claim using virtual and teleconferencing so that you do not have to take any the risk of infection and travel during the COVID-19 Pandemic. Our team has more than 50 years of experience.
Discovery
Mesothelioma cases are complicated and require a thorough understanding of the law as well as the science of asbestos exposure. Experienced mesothelioma lawyers understand the strategies defense companies use to try to derail the claim of a victim. They know how to counter these strategies and provide strong evidence of an asbestos-related illness to win compensation for victims.
During the discovery phase the parties to a mesothelioma case gather information from each other regarding their respective claims. Lawyers may ask each side to answer written questions or participate in depositions. They may also request the production of documents and other materials. During this phase, the victims often receive the most compensation from their claims.
After both parties have gathered details about the claims and have a meeting to discuss them. Lawyers for each side can agree on an agreement or go to trial. Mesothelioma patients typically receive more money in settlements than they would have received if the case had gone to trial.
If the parties are unable to reach an agreement the case will go to trial on the date that has been set. The attorneys will both present opening statements during the trial and present evidence to the judge. The jury will determine if the plaintiff or defendant is entitled to compensation.
The majority of mesothelioma cases resolve through settlements before the trial date. Settlements typically take around one year.
Settlement
A mesothelioma lawyer who is skilled can ensure that the settlement process is completed quickly and is based on the specific circumstances of the case. Settlements usually are completed within several months. Negotiations with defendants form part of this process, as is the gathering of evidence. A knowledgeable attorney can anticipate this timeline and determine the best strategy for reaching a successful resolution.
The money received from a mesothelioma suit can help families and victims pay medical bills and other financial obligations. It also gives you peace of mind for the future. Mesothelioma patients are often required to have to take time off from work to undergo treatment, which could affect the family's income. The amount of compensation awarded by mesothelioma claims can help to offset lost wages and assist families to afford ongoing care.
Many asbestos victims and their families are not able to make a mesothelioma, or wrongful death suit in time due to the statute of limitations. Mesothelioma attorneys can help surviving spouses or other heirs of asbestos victims file legal claims.
Lawsuits must be governed by specific rules and regulations to ensure victims receive the maximum amount of compensation. A mesothelioma lawyer who is experienced understands these laws and can file a lawsuit in the appropriate location. This will prevent clients from filing in the wrong jurisdiction or not observing the time limit.
Defendants must respond lawsuit within a specified period of time which typically spans from 30 days to several months. Both sides have access to evidence, including witness testimony (depositions), and other evidence that supports their cases.
If the parties are unable to reach a consensus regarding mesothelioma, the matter will be considered for a final resolution. Some cases end with a settlement but most don't. Our mesothelioma lawyers are dedicated to helping our clients through the entire case, including any appeals.