Mesothelioma Lawsuit Timeline
For personal injury as well as asbestos lawsuits involving wrongful deaths the legal deadline to file a lawsuit is determined by the state law. Your lawyer will determine where your case should be filed based upon several factors.
Each mesothelioma claim is distinct. The quicker your lawyer is able to resolve your case, they will need more information about your specific exposures as well as goals.
Statute of limitations
The statute of limitation (the legal deadline) to file a claim differs by state. It also varies based on whether the lawsuit is filed for personal injury or wrongful deaths.
A mesothelioma lawyer can assist a client decide which type of lawsuit they should file and ensure they meet all the requirements to file within their state of residence. After discussing the options with the client, the team will begin to collect documentation to support the suit. This will include an assessment, evidence of exposure to asbestos, and other crucial information.
Additionally, a lawyer will examine where the case should be filed based on various factors, including the state's jurisdiction, evidence available and the number of defendants involved in the case. In certain cases, mesothelioma claims may have to be filed in more than one state due to the sheer number of asbestos-related companies involved.
If a person is diagnosed with mesothelioma that is terminal, their attorney may apply for a motion for preference in court. This permits patients who are terminally ill to have their cases heard before other cases. This can drastically shorten the time of trial.
Preparation of the Tax Return and Filing
The attorneys begin a mesothelioma lawsuit by gathering information, identifying the most important defendants, and submitting an official lawsuit. After this, defendants are given a specific time limit to respond or risk losing the case by default. This step, along with the process of discovery that follows, could take weeks or months to complete.
During this time, the asbestos companies and the attorneys of the plaintiff will share information, including documents and witness testimony. Mesothelioma lawyers will make use of this evidence to prepare for trial. However, many cases will result with a mesothelioma-related settlement rather than going to trial.
Mesothelioma sufferers may also seek compensation through trust funds or workers' compensation, or the Department of Veterans Affairs if they were exposed while in the military. A mesothelioma lawyer with experience can help you decide which type of compensation is appropriate for you and work with health insurance providers or the VA to obtain it.
The statute of limitations is the main factor that impacts the timeline for Mesothelioma Lawsuit. Asbestos-related diseases have a lengthy latency period, meaning they usually develop years after exposure. It isn't always easy to determine the legal timeframe for these claims. The statute of limitations in personal injury cases varies between states, and wrongful death cases tend to be shorter. In most states, the deadline is between one and six years following diagnosis. If it is wrongful death claims, the deadline is generally one to three years from the date of death.
Response
The defendants are required to respond within a specified timeframe that varies from state to state. In many cases, the defendants can agree to settle or defend themselves.
Depending on the circumstances, you could be eligible for compensation to help pay for treatments that extend your life, or help support your family if you're disabled to work. Your lawyer will help you determine the best way to get you compensation for mesothelioma.
Mesothelioma victims are able to file personal injury or wrongful death claims against the companies accountable for their exposure to asbestos. In a mesothelioma-related personal injury case, victims seek compensation for their medical costs 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.
In addition lawsuits also seek punitive damages as a way to penalize asbestos-related businesses who have been negligent. The companies can appeal verdicts or decrease the amount they have to pay to a victim.
Some asbestos-related businesses have reorganized themselves in accordance with bankruptcy laws. In these cases, victims are able to file trust funds claims against these funds to ensure that they receive compensation. However, victims should speak with a mesothelioma attorney to determine whether they are able to make regular lawsuits against companies they worked for. This could reduce the time it takes to identify mesothelioma. This allows victims to pursue multiple parties at the same time.
Discovery
Your lawyer will submit a formal complaint behalf of your client when they believe they have enough evidence. The complaint names the asbestos companies they believe to be the cause of mesothelioma in the client's.
The defendants are given a specific amount of time in which to respond. Your lawyer will begin the Discovery phase at that point. This is the time when both sides exchange information and documents and your attorney will conduct interviews of witnesses.
Mesothelioma cases are usually filed as either a personal injury or death claim. A person diagnosed with asbestos-related mesothelioma may make a personal injury or wrongful deaths claim. A victim's family can file a mesothelioma lawsuit on their behalf, if they've passed away from the disease.
Based on the state, victims may be eligible for a shortening of the mesothelioma lawsuit timeframe. This is known as a motion for priority and requires supporting medical documentation. If approved, your case will move through the courts faster.
Most mesothelioma lawsuits settle outside of court, instead of going to court. Settlements are faster and less expensive for both parties. In reality there is a range of 80-92 percent of mesothelioma lawsuits result in a settlement. Around 20% of mesothelioma claims go to trial. Settlements also stop the victim having to undergo the lengthy appeals process associated with a mesothelioma conviction.
Trial
After your lawyers file the lawsuit, defendants are given a limited time to respond - typically 30 days. The next step is discovery and is where you gather evidence and develop your case. It can take anywhere between a few weeks and months.
In this period, mesothelioma defendants may attempt to derail your claim by denying exposure to asbestos or blaming other causes for the illness. For instance, they could claim that smoking caused mesothelioma, not their products. Your attorney can thwart these arguments and help keep the case moving forward.
At some point, those with mesothelioma are likely to offer to settle. They will prefer to settle outside of court to avoid negative publicity and the costs associated with trial. Your lawyer will negotiate with you to obtain the best possible payout for mesothelioma.
The compensation you receive from a mesothelioma lawsuit can aid in the cost of life-long treatments and help your family members if you're not working. A mesothelioma lawsuit can help pay for funeral costs and other costs. Many mesothelioma patients receive multiple settlements. Asbestos-related companies may also be required to contribute to asbestos trust funds to cover irreparable damages. Trust funds for asbestos have paid out millions of dollars to victims in the past and more than $30 billion has been put aside for future payments. The majority of mesothelioma cases end in pre-trial settlements. However certain cases go to trial and receive an award.
Settlement
Mesothelioma lawsuits require a team comprised of experienced lawyers and investigators to look over documents, speak with patients or family members and determine asbestos-related sources. This process can take months to one year or more. Depending on where you reside and where you live, you may pursue a claim for personal injuries or wrongful deaths.
A mesothelioma lawyer can assist victims get compensation from several sources including asbestos trust funds. These are funds set up by companies who were so inundated with asbestos claims they declared bankruptcy and then reorganized to pay compensation to victims. These trusts have millions of dollars worth of assets that could be used to pay for funeral expenses, medical expenses, and income loss.
Most mesothelioma lawsuits are settled out of court and are typically settled within one year of the filing. In the settlement portion of the case both sides discuss the amount of money victims are entitled to. Defendants frequently make low-ball settlement offers to victims in hopes that they will accept them so that they can avoid the high costs of taking their case to trial. Lawyers with experience dealing with mesothelioma cases will advise their clients to reject these offers and demand an increase in settlement. A trial could add a year or more to a mesothelioma case timeline. A court appeal can delay the process of litigation. This is why it's crucial to consult an experienced mesothelioma lawyer as soon as possible.