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Mesothelioma Lawsuit Timeline: It's Not As Difficult As You Think
Mesothelioma Lawsuit Timeline

The mesothelioma statute of limitations differs from state to state. The clock begins to tick from the time that a patient is diagnosed (for personal injury claims) or dies (for wrongful-death claims).

A mesothelioma lawyer who is skilled and knowledgeable knows state statutes of limitations and how to speed up the process of obtaining compensation as soon as is possible. Compensation is available to victims and their families when they require it most.

The Discovery Phase

Following the filing of a mesothelioma case, attorneys from both sides will start the discovery phase. This is a crucial part of the legal process and can last from 3-4 month. During this time, lawyers will examine the evidence submitted to create your mesothelioma claim and collect additional information regarding asbestos exposure in your past. Your lawyer will also question witnesses, including you, involved in your mesothelioma claim. This could involve both depositions in person or written. Our mesothelioma attorneys are seasoned in this particular aspect of litigation and will prepare you for these interviews.

A mesothelioma lawyer will utilize the information gathered during the discovery phase to determine the asbestos-related companies responsible for your injury or illness. Asbestos defendants are not eager to pay compensation for the damage caused by their negligence, and will likely try to stall the process as long as they can. This is why it is essential to hire mesothelioma lawyers who provide skilled and aggressive legal representation.

Asbestos-related victims are usually awarded significant financial compensation in settlements. These settlements are often done prior to trial, saving both parties from stress and time.

Depending on your state laws and statutes of limitations, you have one to five years from the date of diagnosis or the discovery of your mesothelioma to file a suit for financial compensation. If a loved one has passed away from mesothelioma in the past three years their spouses or heirs may make an application for compensation.

A mesothelioma lawsuit is filed to win a court verdict or reach an agreement prior to trial. The American legal system tends to be sympathetic to victims of asbestos producers, which is why the majority of mesothelioma cases result in settlements, rather than going to court.

Some settlement offers for mesothelioma settlements are made immediately after the litigation begins, while others are not made until attorneys have a good understanding of the strengths and weaknesses of each side's claim. The median mesothelioma trial verdict is around $2 million, but the majority of claims settle for far less than that amount.

The Trial Phase

Mesothelioma cases that get to the trial phase of a lawsuit usually take months to a year to resolve. A majority of mesothelioma cases settle outside of court. This is beneficial for victims as it allows them to receive compensation faster than would be the case when they had to go through a lengthy trial and verdict process. Settlements don't require victims to to file appeals that can take years and delay the payment.

The first step in a mesothelioma case involves gathering evidence and data. A lawyer will look over the history of a patient's employment to identify asbestos-related exposure and the companies that are responsible for their condition. Then a list of defendants is compiled. Depending on a person's mesothelioma type as well as the companies that were involved, there could be multiple defendants in a single claim.

Asbestos defendants are not eager to make large settlements, and they may try various strategies to avoid paying victims. They may try to conceal evidence or deny medical records relating to asbestos exposure. Our mesothelioma lawyers have experience in identifying these tactics and ways to defeat them.

A mesothelioma lawyer can also help victims shorten their legal process. If a person is terminally sick, they can file a motion for priority in the courtroom to speed up the litigation process.

The statute of limitations is another aspect that affects the timeline for mesothelioma. This is due to states having laws that limit the amount of time it takes to make a claim for injury. The statute of limitations is expiring, which means victims and their families have to act fast.

Lawyers who specialize in mesothelioma could also speed up the legal process by joining a multidistrict litigation. MDLs join similar asbestos lawsuits together for faster processing. The Williams Law Firm is experienced in handling MDLs and can handle your case much faster than if you had filed separate lawsuits.

If the mesothelioma lawsuit process is successful, a final verdict can be reached within days of reaching the trial phase. If the trial is lengthy and leads to an incorrect decision, it could take several months, or up to a year for the victims to receive compensation.

Settlement Negotiations

Many asbestos victims and their families receive compensation without ever having to step foot in the courtroom. It is possible for asbestos victims and their lawyers to settle a case prior to a trial. Settlements can take place after the initial offer was made and the defendant has been given a certain number of days to reply or even after the trial.

In most cases, the settlement negotiation process involves a back and forth exchange of offers either via written correspondence or via phone. This process could take weeks, months, or even years. During this phase, a knowledgeable mesothelioma lawyer can assist their client in obtaining the most lucrative compensation for their claim.

If the lawyer and the victim are unable to come to an agreement during these talks the two parties can then move to mediation. This is when an outside party helps both sides come to a fair compensation amount. This can also take a while however, it is usually quicker than waiting for a verdict from juries.

Asbestos manufacturers concealed the dangers of their products for decades. This is why many workers, military veterans and family members of those who were exposed to asbestos have been diagnosed with a deadly mesothelioma cancer. These victims may be entitled to reimbursement for medical expenses, funeral costs and lost wages.

The majority of mesothelioma cases settle, even though every case is unique. Asbestos firms would rather settle rather than risk losing a verdict in court. They also know that the preparation of a case for trial will take some time.


Asbestos victims and their lawyers can also accelerate the process by filing a lawsuit in the right state and in the right jurisdiction. Certain states, for instance have laws that guarantee a court trial within one year. A well-known mesothelioma law firm can assist victims in filing in the state that will give them the highest amount of compensation in the shortest amount of time. Some states have laws that permit the statute of limitations to begin on a victim’s diagnosis date or death date, rather than the date of their exposure. YouTube is an excellent way to ensure the statute of limitation does not expire before the victims receive compensation for mesothelioma.

Final Verdict

The final verdict or settlement is the end result of the mesothelioma suit. The verdict could provide compensation to victims or their families. The verdict could also determine whether a defendant is liable for an injury or death caused by asbestos.

The time it takes to reach a final verdict will differ from case to the case. The amount of money awarded, the quality of evidence, and the number of parties influence the time it takes to decide on a case of mesothelioma.

Asbestos victims need to hire an experienced lawyer as soon as they can to ensure their rights throughout the entire mesothelioma lawsuit procedure. Lawyers can assist families and victims get a better understanding of the complex legal procedures and deadlines. A lawyer can ensure that the claim of a victim is not denied compensation due to the statute of limitations has expired.

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

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

Asbestos lawsuits are unique. They are typically filed by large corporations who employ defense teams to try to thwart the claim of the victim. Experienced mesothelioma attorneys know how to thwart these efforts and keep the lawsuit going.

The victim will not be eligible for compensation if a mesothelioma lawsuit is not filed in time. The time limit for filing a lawsuit differs from state to another, and for personal injury claims as well as wrongful deaths, it's different. If a victim, or a family member has concerns about the statute of limitations, they should immediately contact a mesothelioma lawyer to discuss their options. A mesothelioma lawyer with experience will review the case and determine where to file it to maximize the chance of a positive outcome.

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