Mesothelioma Lawsuit Timeline
For both personal injury and asbestos lawsuits involving wrongful death the legal deadline to file is set by the state law. Your lawyer will decide where your case should be filed based on various factors.
Each mesothelioma case is distinct. The more information your lawyers have regarding the specific risks and goals of your claim, the faster they can resolve it.
Statute of Limitations
The statute of limitations (the legal deadline) for filing claims varies from state to state. It also depends on whether the suit is being filed for personal injury or the wrongful death of a person.
A mesothelioma lawyer can assist clients determine what kind of lawsuit to file and ensure they meet all the requirements to file within their state of residence. After they have discussed the possible options for their client, they will start to gather documentation to back the lawsuit. This includes a diagnosis, proof of exposure to asbestos, and other important information.
A lawyer will also determine the best place to file the case based on a variety of elements, including the state jurisdiction as well as the evidence available and the number of defendants in the case. In certain instances mesothelioma cases, it is possible to be filed in more than one state due to the sheer number of asbestos companies involved.
A client with mesothelioma who is in a terminal condition can ask their lawyer to make a motion to the court for preference. This allows patients suffering from terminal illness to be heard before other cases. This can drastically shorten the duration of the trial.
Preparation and filing
A mesothelioma lawsuit starts with attorneys assembling details, identifying the defendants, and submitting a formal complaint. The defendants will have an amount of time to respond, or could lose the case by default. This step, along with the discovery process that follows, can take months or weeks to complete.
During this period, asbestos companies and the attorneys of the plaintiff will share information, including witness testimony and documents. Mesothelioma lawyers will use this evidence in preparation for trial. Many cases are settled before trial, rather than going to court.
Mesothelioma patients may also seek compensation through trust funds or workers' compensation, or the Department of Veterans Affairs if they were exposed in the military. A qualified mesothelioma lawyer can help you determine what 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 illnesses have a long latency time which means that they appear years after exposure. So, the time-limit for these claims may be difficult to determine. The statute of limitations for personal injury cases varies from state to state however, wrongful death claims tend to be shorter. In the majority of states the deadline is one to six years after diagnosis. If it is a wrongful death claim, the deadline is generally one to three years from the date of death.
Response
The defendants are required to respond within a specific timeframe that varies from state to state. In many instances, they can accept a settlement or argue against it.
Depending on the circumstances depending on your situation, you may be eligible for compensation to pay for life-extending treatments or support your family while you are unable to work. Your lawyer will decide the best way to get you compensation for mesothelioma.
Mesothelioma victims are able to file personal injury or wrongful death claims against the companies responsible for their exposure to asbestos. In a mesothelioma personal injury case, victims seek compensation for medical expenses as well as lost wages, pain and suffering, and other damages. Mesothelioma wrongful death claims are filed by family members on behalf of loved ones who have passed away due to the disease.
Lawsuits also seek punitive damages to penalize the companies involved in the asbestos industry for their blunders. However, the companies can appeal judgments or reduce the amount of money they are required to pay to a victim.
mesothelioma lawyers new york -related companies have reorganized under bankruptcy protection laws. In these cases, the victims can make trust fund claims against the trust funds set up by these companies to guarantee compensation for victims. However, the victims should consult an attorney who specializes in mesothelioma to find out if they can also make regular lawsuits against companies they worked for. This could reduce the mesothelioma treatment time by allowing a patient to sue multiple responsible parties at the same time.
Discovery
Your lawyer will submit a formal complaint behalf of your client when they believe they have sufficient evidence. The complaint names the asbestos companies they believe are to be responsible for the mesothelioma that their client has contracted.
The defendants have a specific amount of time to reply. In the meantime your attorney will start the Discovery phase. This is the time when both sides exchange documents and information and your attorney will conduct interviews with witnesses.
Mesothelioma cases are typically filed as an injury to the person or wrongful death claim. Anyone diagnosed with asbestos-related mesothelioma can file a personal injury or wrongful deaths claim. The family of the victim can make a mesothelioma claim on their behalf, if they've died from the disease.
Depending the location you live in, you may be able to shorten the timeline for your mesothelioma diagnosis. This is called an application for prioritization that requires supporting evidence. If approved the case will be processed through the courts quicker.
The majority of mesothelioma cases are settled in court instead of going to trial. Settlements are faster and less expensive for both parties. In fact between 80 and 92 percent of mesothelioma claims end in a settlement. This is compared to only about 20 percent which go to trial. Settlements also stop the victim from having to go through the lengthy appeals process that comes with a mesothelioma conviction.
Trial
Once your lawyers have filed the lawsuit, the defendants are given an initial timeframe of around 30 days to respond. The next step is discovery this is where you gather evidence and construct your case. This can take from weeks to months.
During this time, mesothelioma defendants may attempt to sabotage your claim by denying asbestos exposure or blaming other causes for your illness. They could claim, for example, that smoking caused mesothelioma and not their products. Your lawyer can stop these arguments and keep the case moving forward.
Mesothelioma defendants are likely to offer an offer of settlement at some point. They prefer to settle outside of court to avoid negative publicity and the expense associated with trial. Your lawyer will negotiate on your behalf to secure the most favorable mesothelioma settlement possible.
The money you receive from a mesothelioma suit can aid in the cost of life-long treatments and help your family if you're not working. A mesothelioma settlement may also pay for funeral expenses and other expenses. Multiple settlements are usually granted to mesothelioma victims. Asbestos-related companies may also be required to contribute to asbestos trust funds for unrecoverable 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. Most mesothelioma cases settle with a settlement prior to trial. However some cases go to trial and are awarded an award.
Settlement
Mesothelioma lawsuits require a team of skilled attorneys and investigators who review documents, speak with relatives or patients, and identify potential asbestos-related sources. This process can last from months to more than a year. Based on where you live, you can pursue a claim for personal injury or the wrongful death of a loved one.
A mesothelioma lawyer can assist victims receive compensation from various sources such as asbestos trust funds. These are trust funds established by companies that were so inundated with asbestos claims they declared bankruptcy and reorganized them to pay compensation to victims. Trusts like these have millions of dollars of assets that can be used to cover funeral expenses, medical expenses and lost income.
The majority of mesothelioma cases are settled without a court hearing, and most are resolved within a year of when they are filed. In the settlement phase of the case both sides discuss the amount of compensation victims should receive. Defense attorneys will often make low-ball offers hoping that victims will accept the offer so they will not have to pay the high cost of taking their case to trial. Lawyers who have experience in dealing with mesothelioma lawsuits will warn clients against accepting these offers and assist them to fight for a higher settlement. A trial can add an additional year or more to a mesothelioma case timetable. An appeal may also extend the process of litigation. It is crucial to speak with mesothelioma lawyers as soon as you are able to.