Mesothelioma Lawsuit Timeline
A diagnosis of mesothelioma can be devastating. The majority of patients are near retirement age and have to face mounting medical expenses.
Mesothelioma develops between 10 and 40 years after exposure to asbestos. State laws called statutes of limitations give victims up to five years from the date of their diagnosis or discovery to file an injury claim.
Statute of limitations
Mesothelioma lawyers work to ensure that victims have their lawsuits filed before the statute of limitations expiring. The time limit for filing is different based on the state and type. Personal injury claims generally have a statute of limitations that starts on the date of diagnosis, whereas the statute of limitations for wrongful deaths begins from the date of the victim's death.
The main reason behind mesothelioma statutes that limit time for action is that the evidence in these cases could fade over time. The law obliges victims to act swiftly to be compensated for their losses.
For many of the victims, this means reaching out to a mesothelioma lawyer immediately after a diagnosis or finding of asbestos exposure. Attorneys can then begin assembling mesothelioma-related data and identifying potential defendants who are responsible for the exposure.
Once the data is gathered, you can file a mesothelioma case in the appropriate court. The timeframe for filing a mesothelioma lawsuit differs from state to state. Lawyers can assist victims determine which court is appropriate depending on the location of their workplace, employer, and residence.
In some states, the statute of limitations could be extended so that a mesothelioma sufferer or their family has more time to prepare and gather evidence. This can be helpful when a patient has been diagnosed with mesothelioma prior to the date of exposure or is considering a class-action or trust fund lawsuit.
Mesothelioma is a devastating disease that can impact families for decades following exposure to asbestos. Because of the long latency period the majority of mesothelioma patients are not diagnosed until their last stages of life. Therefore, the statute of limitations often expires before the victims and their families are aware that they have to start a lawsuit.
Preparation of the Tax Return and Filing
Your lawyer will collect information about your health condition, including mesothelioma-related exposure, and then file an official complaint. The defendants then have 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 move to trial. The more evidence that is gathered and presented during this stage of the litigation, the better your mesothelioma lawyers will be able to negotiate on behalf of you. This stage can take weeks to months.
Many mesothelioma lawsuits are settled prior to trial. This is because a trial adds time to the overall timeline, and defendants might be more willing to settle to avoid the risk of losing a verdict in court. However, some cases go to trial, and the defendants could try to appeal a successful decision.
Mesothelioma victims are entitled to compensation to help pay for the medical treatments and expenses that are associated with their diagnosis. These costs can include medication and travel to specialist appointments, and more. In addition, compensation can be granted to the families of the victims for financial and emotional losses that result from the death of a loved one.
If you file an action against the asbestos companies responsible for your diagnosis, you will be able to make them accountable for their actions. Your mesothelioma attorneys can also ensure that you receive compensation to ensure the future of your family. Start your legal journey by requesting a complimentary mesothelioma assessment. A lawyer will review your eligibility for mesothelioma-related compensation and explain how the statute of limitations applies to you. This deadline can vary from state to state. It is essential to speak with mesothelioma attorneys whenever you are able to.
Response
Asbestos mesothelioma victims can receive compensation through a variety of legal claims. However, it could take several years to resolve a case, and the amount awarded will depend on multiple factors.
Compensation is typically granted in the form of a settlement, but some cases might go to trial. Asbestos attorneys negotiate on behalf of their clients to maximize the amount of compensation. The time required to settle mesothelioma cases can range between one and twelve months.
Attorneys start a mesothelioma case by obtaining information regarding asbestos exposure and identifying defendants. They then draft an official complaint. The defendants are then given a number of days to respond. If they do not respond within 30 days they are automatically excluded.
When the defendants are informed of the lawsuit, they'll have the option of settling a settlement or be taken to court. The majority of mesothelioma lawsuits settle outside of court.
Most mesothelioma cases are filed by asbestos-related disease sufferers or relatives of mesothelioma victims. The lawsuits are filed against the companies who are responsible for exposing victims to asbestos, often over a long period of time.
Our lawyers at Weitz & Luxenberg can handle the entire process, from beginning to end. This allows you to focus on your family and health. We also recognize that time is precious and will do our best to speed up the process to ensure that you receive your compensation as fast as possible. We will also manage all aspects of your claim through virtual and teleconferencing so that you are not exposed to exposure to infection and travel during the COVID-19 Pandemic. Our team has over 50 years of experience.
Discovery
Mesothelioma lawsuits are complicated cases which require careful consideration of the law and the science of asbestos exposure. Professionally trained mesothelioma lawyers understand the defense strategies used by asbestos companies in order to derail a victim's case. They know how to fight these strategies and provide solid evidence of an asbestos-related disease to secure compensation for victims.
During the discovery phase in a mesothelioma case gather information from one another about their respective allegations. Lawyers can ask each side to answer written questions or participate in depositions. They may also request documents and other information. During this phase, the victims often receive the most money from their claims.
After both parties have gathered details about the claims they will meet to discuss the claims. Lawyers from both sides may agree on a settlement or they will go to trial. Mesothelioma patients typically receive more money when they settle rather than if the case was argued to trial.
If the parties are unable reach an agreement, a trial will be scheduled at an agreed date. Both attorneys will present opening statements during the trial and then present evidence to a judge. The jury will decide whether the plaintiff or the defendant is entitled to compensation.
The vast majority mesothelioma lawsuits are settled prior to trial. Settlements usually take about one year.
Settlement
A mesothelioma lawyer who is skilled can ensure that the settlement process is swiftly completed and is based on the specific circumstances of the case. The settlement phase usually lasts for a few months or less. Negotiations with defendants are a part of this process as is the collection of evidence. A knowledgeable lawyer can anticipate this timeframe and determine the most effective strategy for reaching a successful settlement.
The money received from a mesothelioma suit can aid victims and their families pay for medical expenses and other financial obligations. It can also give peace of mind for the future. Patients suffering from mesothelioma often have to take time off from work for treatment, which can affect the family income. Compensation for mesothelioma cases can help families recover lost wages as well as provide ongoing treatment.
Many asbestos victims and their loved ones are not able to start a mesothelioma or wrongful death lawsuit on time due to the statute of limitations. Mesothelioma lawyers can help survivors of asbestos-related spouses or other heirs to asbestos victims to pursue legal claims.
The law requires that lawsuits adhere to specific guidelines and rules to ensure the victim receives the highest amount of compensation that is possible. A mesothelioma lawyer who is experienced understands the laws and can file a lawsuit at the right venue. This will prevent clients from filing in the wrong jurisdiction or ignoring the statute of limitations.
lawsuit attorneys mesothelioma must respond to the lawsuit within a set timeframe, which usually ranges from 30 days to a few months. The attorneys on both sides then share discovery which includes witness statements (depositions) and other evidence to support their arguments.
If the parties are unable to come to an agreement regarding mesothelioma or the cancer, the case will be re-examined to find a final solution. Most cases will end with a settlement however, some cases will not. Our mesothelioma lawyers are committed to standing by our clients until the end of their case, including any appeals.