Mesothelioma Lawsuit Timeline
A diagnosis of mesothelioma can be devastating. Many patients are approaching retirement and must face mounting medical expenses.
Mesothelioma is a cancer that develops between 10 and 40 years after exposure to asbestos. State laws called statutes of limitations give victims one to five years from the date of diagnosis or discovery to file a claim.
Statute of Limitations
Mesothelioma lawyers work to ensure that victims are able to file their lawsuits before the time limit for filing lawsuits expires. The time limit to file is determined by the state and the type of claim. Personal injury claims generally have a statute of limitations that begin from the date the victim is diagnosed, while the claims for wrongful deaths begin from the date the victim died.
The primary reason behind the limitation period in mesothelioma cases is that evidence fades with time. As such, the law requires that victims act in a timely manner to receive compensation for their loss.
Many victims will contact mesothelioma attorneys immediately following an asbestos exposure diagnosis or a discovery. Attorneys can begin gathering information about mesothelioma, and also identify potential defendants.
Once the information has been obtained, you are able to make a mesothelioma claim in the appropriate court. The time period to file mesothelioma cases varies from state to state, however lawyers can assist victims in determining the best filing location based on their job, employer and residence location.
In certain states the statute of limitations could be extended to allow mesothelioma patients or their loved ones more time to plan the case and gather evidence. This can be helpful in cases where a person has been diagnosed with mesothelioma prior to the date of exposure, or if they are contemplating a class-action or trust fund lawsuit.
Mesothelioma can be a devastating disease for families and can last decades after asbestos exposure. Because of the lengthy time to develop the disease, patients are usually not diagnosed until they are in their last stages of life. Therefore, the statute of limitations often expires before the victims and their families are aware that they have to file a lawsuit.
Preparation and Filing
Your lawyer will collect information about your condition, including mesothelioma-related exposure and file a formal complaint. The defendants are then given the time limit of, 30 days, to respond.
Your lawyer will review the responses of the defendants and decide whether to proceed with the case or proceed to trial. Your mesothelioma attorneys will be better able to negotiate your case when they have more evidence. This phase of the process could take from weeks to months.
A lot of mesothelioma lawsuits are settled before trial. Trials can add more time to the process and the defendants are more likely to settle in the event that they don't want to risk losing a court decision. However, some cases end up going to trial and defendants may try to appeal a successful verdict.
Mesothelioma victims are entitled to compensation to pay for medical treatment and expenses related to their diagnosis. These expenses can include medications as well as travel to specialist appointments, and much more. Families of the victims can be compensated for the emotional and financial losses they've experienced as a due to the death of their loved ones.
You can hold asbestos companies accountable for their negligence by filing a lawsuit. Your mesothelioma attorneys can also ensure that you receive compensation to ensure the future of your family. Begin your legal journey by requesting a no-cost mesothelioma assessment. A lawyer will explain to you whether you're qualified for compensation due to mesothelioma, and what the statute of limitations applies to your case. The deadline for filing claims varies from state to state. It is essential to speak with mesothelioma attorneys as soon as you are able to.
Response
Asbestos sufferers can be compensated for mesothelioma by filing a variety of legal claims. However, it can take a long time to resolve a case, and the amount of compensation will depend on a variety of factors.
Compensation is typically granted in the form of a settlement however, some cases may go to trial. Asbestos lawyers negotiate on behalf of their clients to maximize payouts. The time frame for settling mesothelioma cases varies between one and twelve months.
Attorneys begin a mesothelioma matter by obtaining information about asbestos exposure and identifying defendants. They then draft a formal complaint. The defendants then have an amount of time to respond. If they do not respond within 30 days, they could be removed from the case.
After the defendants have been notified of the lawsuit, they will be offered the option to settle or to go to court. However, most mesothelioma cases are settled outside of the courtroom.
Most mesothelioma cases are filed by asbestos-related disease sufferers or relatives of mesothelioma sufferers. The lawsuits are filed against the companies that expose the victims to asbestos, typically over a period of many years.
Our attorneys at Weitz & Luxenberg can handle the entire process for you from beginning to finish. You can focus on your health and family. We also understand that time is a precious commodity and will strive to speed up the process so you can receive your compensation as fast as you can. Additionally, we will handle all the details of your claim via online and teleconferencing so that you don't have to travel or risk of infection during the COVID-19 pandemic. Our team has more than 50 years of experience.
Discovery
Mesothelioma cases are complicated and require a deep understanding of the law as well as the science of asbestos exposure. Professionally trained mesothelioma lawyers understand the strategies used by asbestos companies to try to derail a victim's case. They know how to counter these strategies and provide strong evidence of the existence of an asbestos-related illness to win compensation for victims.
During the discovery stage in mesothelioma cases gather information from each other about their respective claims. Lawyers can request each party to answer questions in writing and take part in depositions. They may also request documents and other information. During this stage, victims are awarded the most compensation for their claims.
After both parties have gathered the information, they will sit down and discuss their respective claims. Lawyers from both sides may reach an agreement or go to court. Mesothelioma patients typically get more money if they settle than if they went to trial.
If the parties are unable to reach an agreement the case will go to trial on an arranged date. Both attorneys will begin the trial with opening statements and present evidence to the judge. The jury will determine if the plaintiff or defendant is entitled to an amount of money.
The majority of mesothelioma lawsuits are settled well prior to trial. Settlements usually take about one year.
Settlement
A mesothelioma lawyer can make sure that the settlement is completed swiftly, and that it reflects the specific circumstances of the case. Settlements usually take a few months. Negotiations with defendants are part of this process and so is the gathering of evidence. A competent attorney will be able to predict this timeframe and determine what strategy is best for an outcome that is successful.
The compensation from a mesothelioma lawsuit can help victims and their families pay for medical expenses and other financial obligations. It can also give you peace of mind in the near future. Patients suffering from mesothelioma often take time away from work to undergo treatment, which can impact the family's income. The compensation awarded from mesothelioma cases can be used to supplement lost wages and assist families to be able to afford ongoing treatment.
Due to the statutes of limitations, many asbestos victims and their families are not able to file a lawsuit for mesothelioma. However, mesothelioma lawyers are able to assist surviving spouses and other heirs of deceased asbestos victims to pursue legal claims to recover compensation.
To ensure that victims receive maximum amount of compensation, there are specific guidelines and rules for lawsuits. An experienced mesothelioma lawyer is aware of the laws and can file a lawsuit at the appropriate venue. This will help clients avoid filing in the wrong jurisdiction or not observing the deadline for filing.
Defendants must respond to the lawsuit in the specified time frame that can span between 30 days and several weeks. average settlement for mesothelioma lawsuits have access to discovery, which includes witness testimony (depositions) and other evidence that supports their case.
If the parties are unable to reach a mesothelioma settlement the case will go to trial to determine the final outcome. Some cases end with an agreement, but the majority do not. Our mesothelioma lawyers are committed to supporting our clients through the entire case, including any appeals.