Mesothelioma Lawsuit Timeline The mesothelioma lawsuit timeline is different from case to. Some states, for example have different statutes of limitations for personal injury and wrongful death claims. Once a mesothelioma attorney has determined if you have a viable claim the legal process will begin. Settlements are usually faster than trials. The exact process of mesothelioma lawsuits will depend on the defendants and other factors. The Statute of Limitations A person who has been diagnosed with mesothelioma is only allowed an incredibly short time to file a lawsuit. This time period is also known as the statute of limitations, can vary by state and claim type. In the majority of personal injury cases and deaths caused by negligence the clock starts to tick at the time of the incident or injury. Asbestos-related cases, however, are different. Asbestos exposure can trigger symptoms and mesothelioma that can develop years later. To safeguard their clients, mesothelioma attorneys must be aware of the statute of limitations for every state. A mesothelioma lawyer will review the medical records of a patient, interview witnesses and review documents to determine the best course of legal action. A mesothelioma lawyer will also determine damages for a client. This includes compensation for past and future expenses of a patient which includes lost wages and costs associated with the disease, as well as pain and suffering. Mesothelioma lawyers will consider the age of the victim, their family status, and any future financial consequences of the disease. The compensation can be paid as a lump sum, or in monthly installments, based on the terms and conditions of the settlement agreement. A mesothelioma suit may take 18 months or more to settle, but a skilled attorney can seek a faster settlement and negotiate with defendants to ensure that the procedure is as smooth as is possible. If a mesothelioma patient dies away before obtaining compensation, the family members can file a wrongful death lawsuit. These kinds of claims are more complex, but they are still able to be filed within the statutes of limitations. An experienced mesothelioma lawyer can explain the statute of limitations applicable to cases of wrongful deaths and assist families in understanding the options available to them for compensation. Filing the Lawsuit After a lawsuit is filed, the initial stage could take a few weeks or even months. This is the time when the legal team collects details about the asbestos exposure that caused your illness, determines the defendants, and then drafts a formal complaint. The defendants are then given a specific amount of time to respond. The discovery phase begins after this stage. This is the most complicated phase and usually takes a minimum of six months to complete. It involves gathering information depositions, reviewing documents. It can also include negotiations, where your lawyer tries to get a fair settlement from the defendants. The majority of mesothelioma attorneys operate on a contingency fee basis. It means that you won't be charged a fee up front to hire an attorney. Instead, they will charge a fee only after your case is either won or settled. This is usually an amount of the damages you receive. The majority of people who make mesothelioma claims seek compensation for medical expenses, lost income and other expenses that are attributed to their diagnosis. In addition, they may also be entitled to a range of noneconomic damages that are more difficult to quantify. Mesothelioma sufferers are often awarded punitive damages. These are damages a jury awards to punish the defendant for their wrongdoing. Discovery Mesothelioma patients need to have solid evidence to back their claims. Documentation is required in a variety of forms including medical records, employment histories as well as military service records, evidence, and proof of exposure to asbestos. Lawyers who have expertise in asbestos litigation will be aware of the documentation required and can secure it quickly. They also know the strategies that asbestos companies use to avoid paying victims the amount they deserved. The process of discovery can take a lot of time. Asbestos victims' attorneys must look through decades-old purchase orders histories, locate witnesses and do other studies to determine the specifics of the asbestos exposure of each victim. Mesothelioma attorneys have access to experts that can help determine how much asbestos exposure each victim received and its impact on their lives. After the discovery process, mesothelioma attorneys can prepare for a trial or negotiate settlements for their clients. A settlement can be an alternative to an extensive trial, and the timeframe for mesothelioma cases can be shortened. If a person is suffering from a an illness that is terminal, their attorney may file a preference motion in a courtroom to speed up the process. Veterans, seniors and people with ill health can benefit from this option which could reduce the timeline for mesothelioma. The best way to explore your options is to get a free mesothelioma case review from a reputable law firm. These consultations are offered free of charge by the top mesothelioma firms to victims and their family members. Trial Although it's possible that a mesothelioma lawsuit will go to trial, it's far more likely that defendants will settle instead of taking a chance on a negative verdict. Settlements are cheaper for the defendants than trials. Settlements are also final and will close your case. A trial involves a long, drawn-out process, which can be very stressful for the victims and their families. Once the defendants have received the demand letter, the process known as discovery can begin. It involves the parties exchanging information, and can take several weeks or months. After this the defendants require time to prepare for a trial and can make a motion to have summary judgment or dismissal. The court will review the plaintiff's claim to determine if there's any evidence that the defendant caused the death or injury and should be held liable for compensation. The court can also award damages, such as economic and noneconomic compensation, which can include medical costs and funeral expenses, lost wages and documented suffering and pain. Asbestos victims and their families typically file multiple claims based on asbestos exposure at multiple locations. Some cases are also filed in more than one state due to the asbestos exposure sites or the victim's home. In certain cases, mesothelioma lawyers are able to help victims and families receive compensation across states. This is simpler to determine, verify, and calculate. If a victim or their family wins compensation, they can begin receiving payments soon after the verdict is declared. Compensation can be paid in one lump sum or in monthly installments. An attorney for mesothelioma can negotiate an agreement that is as fair as it can be for their clients. Settlement In this stage the lawyer will assist you settle your claim for compensation. In general, both sides will reach an agreement that reflects the impact of mesothelioma on your quality of life, which includes discomfort and pain. Your lawyer will also assess your losses, including loss of income and other financial costs. Settlements are common because they are less time-consuming than a trial, and allow victims to receive their compensation when they need it most. Most companies would rather settle rather than risk a costly trial verdict. However, your lawyer will be able to negotiate the most favorable settlement on your behalf. After your lawyer has gathered all relevant information, they will file your lawsuit against the defendants. The defendants will be given a specific period of time to respond to your claims before the court is able to approve a final settlement. A mesothelioma lawsuit can be filed as the personal injury claim or a wrongful death claim. A wrongful death suit is filed by a person who has been the victim of asbestos exposure. It follows the same timeline as a personal injury claim. Your mesothelioma attorney will determine the best location for your case based on a range of factors. Included in this are state laws, jurisdiction and evidence. The lawyer can also determine the possible funding sources. It could be compensation from asbestos trust funds. These trust funds were created by companies that were responsible for asbestos exposure, but were flooded with lawsuits that they could not afford to fight. The trusts were set up to pay compensation to victims and their families. For more information, contact an experienced mesothelioma lawyer today.
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