Mesothelioma Lawsuit Timeline
For both personal injury and wrongful death asbestos lawsuits the time frame to file is set by the state law. Your lawyer will determine where your case should be filed based upon various factors.
Each mesothelioma case is unique. The quicker your lawyer can solve your case, the faster they'll need more information about your specific exposures and goals.
Statute of limitations
The time limit (the legal deadline) to file claims varies from state to state. It also is contingent on whether the lawsuit is being filed for a personal injury or the wrongful death of a person.
A mesothelioma lawyer can assist a client determine which type of lawsuit to file and ensure they meet all the requirements to file within their area of jurisdiction. After discussing the options with their client the team will begin gathering evidence to support the suit. This could include a diagnosis, proof of exposure to asbestos, and other pertinent information.
A lawyer will also examine where the case should be filed, based on several factors, including the state's jurisdictions, evidence available and the number of defendants involved in the lawsuit. In certain cases mesothelioma lawsuits, it is possible to require filing in several states due the various asbestos companies mentioned in the claim.
If a client is in a state of terminal illness with mesothelioma their lawyer can apply for a motion for preference in court. This allows a patient suffering from terminal illness to have their case heard prior to other cases, which could significantly shorten the duration of the trial.
Preparation of the Tax Return and filing
The attorneys begin a mesothelioma lawsuit by gathering information, identifying the key defendants, and filing an official lawsuit. The defendants will be given a certain number of days to respond or could lose the case by default. This process, as well as the discovery process that follows, could take weeks or months to complete.
During this time, plaintiff's lawyers and asbestos companies will exchange information such as documents, witness testimony, and other relevant information. Mesothelioma lawyers will use this evidence to prepare for trial. However, most cases will result in a mesothelioma settlement rather than going to trial.
Mesothelioma victims may also pursue compensation through trust funds or workers' compensation, or the Department of Veterans Affairs if they were exposed in the military. A qualified mesothelioma lawyer can help you decide the type of compensation right for you and work with health insurance providers or the VA to receive it.
The statute of limitations is the most significant factor that impacts the timeline for a Mesothelioma Lawsuit. Asbestos-related illnesses have a long time of latency which means that they develop years after exposure. This means that the legal deadline for these claims is often difficult to determine. The statute of limitations in personal injury cases differs between states, while wrongful death claims are typically shorter. In the majority of states the deadline is set at one to six years after diagnosis. In the case of a wrongful death claim the deadline is usually one to three years from the date of death.
Response
The defendants must respond to the lawsuit within a certain time frame, which is different for each state. In the majority of cases, they will be able to agree to settle the lawsuit or argue against the suit.
Based on your personal situation depending on your situation, you may be qualified for compensation to pay for life-extending treatments or to support your family during the time you cannot work. Your lawyer will determine the best way to obtain your mesothelioma settlement.
Mesothelioma patients have the option of filing personal injury or wrongful death claims against companies that are responsible for their exposure to asbestos. In a mesothelioma personal injury case victims seek compensation to pay their medical expenses and lost wages, pain and suffering and other damages. Mesothelioma wrongful death claims are filed by relatives on behalf of loved family members who have died from the disease.
Additionally, lawsuits seek punitive damages as a way to penalize companies in the asbestos industry who have been negligent. The companies can appeal verdicts, or reduce the amount they must pay to a victim.
Certain asbestos-related companies have been restructuring under bankruptcy protection laws. In these cases, the victims may claim trust fund claims against the funds established by these companies to ensure the victims are compensated. Talk to a mesothelioma lawyer in order to determine if a victim may also file regular lawsuits against the companies for which they worked. This could cut down on the time required to diagnose mesothelioma by allowing victims to file lawsuits against multiple parties at one time.
Discovery
Your lawyer will make a formal complaint on behalf of your client once they believe they have enough evidence. The complaint will identify the asbestos companies they believe are responsible for mesothelioma that affects the client.
The Defendants get a certain period of time to respond. In the meantime your attorney will commence the Discovery phase. This is where both sides exchange documents and information. Your attorney may also conduct interviews with witnesses.
Mesothelioma is often used as a part of an individual injury claim or wrongful death claim. A personal claim for injury or wrongful death is filed by a person who has been diagnosed with mesothelioma resulting from asbestos exposure. If the victim has passed away, their family can make a claim for them.
Based on the state, victims may be eligible for a shortening of the mesothelioma lawsuit timeframe. This is called a motion for priority and requires supporting documentation. If it is approved, it permits your case to go through the court system more quickly.
The majority of mesothelioma cases are settled in court instead of going to trial. Settlement is a faster and less costly option for both parties. Between 80 and 92 percent of mesothelioma cases end in a settlement. About 20% of mesothelioma cases go to trial. Settlements also avoid the victim from having to undergo the lengthy appeals process associated with a mesothelioma conviction.
Trial
After your lawyers file the lawsuit, defendants are given an imposed time limit to respond - usually 30 days. Then comes the discovery phase that consists of gathering information and assembling your case. This could take from weeks to a few months.
During this time the defendants in mesothelioma cases may attempt to defy your claim by denying that you were exposed to asbestos or blaming an other factor for your condition. For instance, they may argue that smoking contributed to mesothelioma, not their products. Your attorney can thwart such attempts and help keep the case moving forward.
Mesothelioma defendants will likely offer a settlement at some point. They would prefer to settle outside of court to avoid negative publicity and the expense associated with trial. Your lawyer will negotiate on your behalf to secure the most favorable mesothelioma settlement possible.
A settlement from a lawsuit involving mesothelioma could help you pay to extend your life and support your family in the event that you're not working. A mesothelioma settlement can also cover funeral expenses as well as other costs. Multiple settlements are typically awarded to mesothelioma patients. Asbestos companies may also be required to pay into asbestos trust funds in the event of unrecoverable damage. Trust funds for asbestos have paid out millions of dollars in compensation to victims. more than 30 billion dollars has been put aside as reserves. The majority of mesothelioma cases result in a settlement before trial. However some cases go to trial and receive an award.
Settlement
Mesothelioma lawsuits require a team comprised of experienced attorneys and investigators who review documents, talk to family members or patients and determine asbestos-related sources. The process can take from months to a year or more. Based on where you live, you can pursue an action for personal injury or the wrongful death of a loved one.
A mesothelioma lawyer may help victims receive compensation from various sources such as asbestos trust funds. These are funds set up by companies that were so overwhelmed by asbestos claims, they declared bankruptcy and reorganized them to compensate victims. These trusts hold millions of dollars of assets that can be used to pay funeral costs, medical expenses, and income loss.
The majority of mesothelioma cases are settled without a court hearing and are resolved within a year after they file. In the phase of settlement lawyers on both sides will work together to determine the fair amount of compensation victims are entitled to. Defense lawyers will often make low-ball offers hoping that victims will accept the offer so they avoid the costly cost of taking their case to trial. Lawyers with experience handling mesothelioma cases will counsel their clients to reject these offers and fight for a larger settlement. A trial could add an additional year or more to a mesothelioma case timetable. An appeal may also extend the process of litigation. top 10 mesothelioma law firm is essential to speak with mesothelioma lawyers as soon as you are able to.