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10 Things We All Love About Mesothelioma Lawsuit Timeline
Mesothelioma Lawsuit Timeline

The mesothelioma statute of limitation differs from state to state. The clock starts ticking from the time the patient is diagnosed (for personal injury claims), or dies (for wrongful-death claims).

A mesothelioma lawyer who's experienced will understand the statute of limitations for the state and the best way to speed up compensation to ensure that victims receive their compensation as soon as possible. Compensation is available to victims and their families when they require it most.

The Discovery Phase

After you file your mesothelioma lawsuit attorneys from both sides will begin the discovery phase. This is a crucial aspect of the legal process and can take anywhere from 3 to 4 months. During this time lawyers will look over all evidence submitted to build your case for mesothelioma and gather additional information about asbestos exposure you have experienced in the past. Your attorney will interview you as well as witnesses involved in the mesothelioma trial. This could include written and in-person depositions. Our mesothelioma lawyers are experienced in this aspect of the litigation and will help you prepare for these interviews.

A mesothelioma lawyer who is skilled will utilize the information gathered during the discovery phase to determine which asbestos-related companies are responsible for your illness and injuries. Asbestos defendants may attempt to delay the process to avoid paying compensation for damages caused through their negligence. This is why it's essential to hire a mesothelioma law firm with an experienced and affluent legal representation.

Settlements are usually used to pay compensation to asbestos victims financially. A large portion of these settlements are paid out before the trial takes place which can save both parties a lot of time and anxiety.

You have between one and five years, depending on the laws of your state or statutes of limitation, from the date you were diagnosed with mesothelioma. If a loved one of yours has died from mesothelioma within the last three years, their spouses or heirs can make an action for compensation.

The aim of a mesothelioma suit is to achieve an agreement before trial or an award in court. The American legal system is generally sympathetic to asbestos manufacturers' victims this is why the majority of mesothelioma lawsuits result in the form of a settlement instead of going to trial.

Certain settlement offers for mesothelioma are made immediately after the litigation commences, while other settlement offers are not announced until attorneys have a clear understanding of the strength and weaknesses of each side's claim. The mesothelioma average trial verdict is about $2 million, however the majority of claims settle for much less than that amount.

The Trial Phase

Mesothelioma cases that reach the trial phase of a lawsuit typically take months to a year to settle. However, many mesothelioma claims end up in the court. It is advantageous for victims to receive compensation faster than those who had to endure a lengthy verdict and trial process. Settlements do not require victims to file any appeals, which could drag on for a long time and delay compensation payments.

The initial phase of mesothelioma cases involves gathering evidence and data. A lawyer will review the history of employment of the victim to determine the extent of asbestos exposure and the companies responsible for their disease. Defendant lists are then created. Based on the mesothelioma diagnosis and the type of company that were involved, there could be several defendants in a single claim.

Asbestos defendants may not be eager to pay large settlements and they may employ a variety of tactics to avoid paying victims. They may attempt to hide evidence or deny medical records relating to asbestos exposure. Our experienced mesothelioma attorneys know how to spot these tactics and thwart them.

A mesothelioma lawyer could also help victims shorten their legal timeline. If someone is terminally sick, they can make a motion for priority in court to speed up the litigation process.

The statute of limitations is a different factor that can affect a mesothelioma timeline. States have laws that limit the time the person must file an action. Victims and their loved ones must act swiftly to stop the statute of limitations from running out.

Lawyers who specialize in mesothelioma may also accelerate the legal process by joining a multidistrict litigation. MDLs bring similar asbestos lawsuits to ensure quicker processing. The Williams Law Firm is experienced in handling MDLs and can take care of your case faster than if you filed separate lawsuits.

If lawsuit for mesothelioma is successful, a verdict is reached within a few days of the trial phase. If the trial is complicated and results in a wrongful verdict, it can take up to one year for victims to be awarded compensation.

Settlement Negotiations

Many asbestos victims, as well as their families, get compensation without having to enter the courtroom. It is possible for the victims and their lawyers to settle a case prior to trial. Settlements can occur after the initial offer has been made and the defendant has had a specific number of days to respond or even after the trial.


Mesothelioma lawsuits usually involve a back-and-forth exchange of offers during the settlement negotiation process, via written correspondence or via phone. The process can last for weeks, months, or even years. At this point, a mesothelioma attorney can help their client receive the highest amount of compensation for their claim.

If a mesothelioma sufferer and their attorney cannot come to a settlement during the negotiation process, they could proceed to mediation which is a third party person who helps both sides reach an agreement on a fair amount for compensation. It can take some time, but is usually much faster than waiting for the verdict of the jury.

Asbestos manufacturers hid the dangers of their products for years. In the end, many military veterans, workers and relatives of those exposed to asbestos have been diagnosed with a fatal disease, mesothelioma. The victims can claim compensation to cover funeral costs, medical bills and lost wages.

Although every case is different, the majority of mesothelioma lawsuits end with a settlement. Asbestos companies prefer to settle rather than risk a negative verdict at trial. They also realize that the preparation of a case for trial will take time.

Asbestos-related lawsuits can be filed in the proper state and in the appropriate jurisdiction to expedite the process. Certain states, for instance, have statutes that ensure a trial within one year. A mesothelioma lawyer with national recognition can assist victims in filing their case in the jurisdiction that will allow them to receive the most compensation within the shortest period of time. Some states have laws that permit the statute of limitation to start on a victim's diagnosis date or death date, not the date of their exposure. This is an excellent way to ensure the statute of limitations will not run out before victims receive compensation for mesothelioma.

Final Verdict

The final verdict or settlement is the end result of the mesothelioma case. The verdict could be awarded compensation to the victims or their loved ones. The verdict may also decide if a defendant was liable for a death or injury caused by asbestos.

The amount of time it takes to reach the final verdict varies from case to case. The amount awarded, the strength of the evidence and the number of parties involved all affect the time it takes to resolve a mesothelioma case.

Asbestos patients should consult experienced lawyers as soon as they can to ensure their rights are protected throughout the entire mesothelioma litigation process. Lawyers can assist the families of victims to understand the complexities of legal procedures and deadlines. A lawyer can ensure that a victim's claim is not denied compensation due to the statute of limitations has run out.

Once they have determined the type of mesothelioma lawsuit, the victims or their attorneys will start collecting all the documentation required for the claim. This includes mesothelioma-related diagnosis records and evidence of exposure.

Based on the specific circumstances, there may be many asbestos trusts or companies that are liable and will compensate a victim for their asbestos-related injuries. The lawyer will look into the victim's history of asbestos exposure to determine which companies are liable. They will also look into which companies have filed bankruptcy and which asbestos trust fund to file a lawsuit.

The asbestos lawsuits are atypical. They typically involve large companies with teams of experienced defense lawyers who pay substantial retainer fees to try and stop a victim's claim. Expert mesothelioma lawyers are able to stop these efforts and ensure that the case is moving forward.

If a mesothelioma lawsuit is not filed within the timeframe the victim will be denied from receiving compensation. The statute of limitations varies from state to state and the time limit for personal injury and wrongful death claims is different. If a victim or their family member has questions regarding the statute of limitations, they should contact a mesothelioma lawyer firm immediately to discuss their options. A mesothelioma lawyer can review the case to determine where to file it in order to maximize the chance of a successful outcome.

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