Mesothelioma Lawsuit Timeline
For both personal injury and asbestos lawsuits involving wrongful death, the legal time limit to file a lawsuit is determined by state law. Your lawyer will determine the best time to file your case based on a number of factors.
virginia mesothelioma lawyer is unique. The more information your lawyers have regarding the specific exposures and goals of your case, the quicker they will be able to resolve it.
Statute of limitations
The statute of limitations (the legal deadline) for filing a claim varies by state. It also depends on whether the lawsuit is filed for a personal injury or wrongful death.
A mesothelioma lawyer can assist clients determine the type of lawsuit to file and ensure they meet all the requirements for filing within their jurisdiction. After discussing the options with their client, the team will then begin gathering evidence to back the suit. This will include a diagnosis, proof of exposure to asbestos, and other crucial information.
Additionally, a lawyer will review where the case should be filed based on a variety of factors including the state's jurisdiction, evidence available and the number of defendants involved in the lawsuit. In certain instances mesothelioma claims, they may need to be filed in more than one state due to the number of asbestos-related companies involved.
A client with mesothelioma who is terminally ill may ask their lawyer to make a motion to the court for preference. This allows a terminally ill patient to have their case heard before other cases, which can drastically reduce the length of the trial.
Preparation and Filing
The attorneys begin a mesothelioma suit by gathering information, identifying the principal defendants, and then filing a formal lawsuit. The defendants will have a certain number of days to respond, or they risk losing the case through default. This process, as well as the discovery process that follows, could take weeks or months to complete.
During this time, asbestos companies and the attorneys of the plaintiff will share information, such as witness testimony and documents. Mesothelioma lawyers will utilize this evidence to prepare for trial. A lot of cases are settled prior to trial, instead of going to the courtroom.
Mesothelioma victims may also pursue compensation through trust funds as well as workers' compensation or the Department of Veterans Affairs if they were exposed while in the military. A mesothelioma lawyer can help you decide on the kind of compensation is appropriate for you, and then work with health insurers or the VA to secure it.
The statute of limitations is the most important element that determines the timeframe for a mesothelioma lawsuit. Asbestos-related diseases have a lengthy time of latency, which means they generally develop years after exposure. This means that the legal deadline for these claims may be difficult to determine. Personal injury claims vary from state to state. Wrongful death claims however, tend to be shorter. In the majority of states, the time limit is between one and six years following diagnosis. If it is a wrongful death claim the deadline is usually one to three years from the date of death.
Response
The defendants must respond to the suit within a certain timeframe, which varies by state. In a lot of cases, the defendants may settle or defend themselves.
Depending on the circumstances, you could be entitled to compensation to help pay for treatments that extend your life or support your family members if you are disabled to work. Your lawyer will decide the best way to obtain compensation for mesothelioma.
Mesothelioma victims file personal injury or wrongful death claims against the companies accountable for their exposure to asbestos. In a personal injury mesothelioma case, victims seek compensation for their medical costs and lost wages, pain and suffering and other damages. Families file wrongful death claims on behalf of loved ones who have died due to the cancer.
In addition, lawsuits seek punitive damages to punish asbestos-related businesses who have been negligent. However, the companies can appeal judgments or reduce the amount of money they are required to pay to the victim.
Some asbestos-related companies have reorganized under bankruptcy protection laws. In these situations, victims may file trust fund claims against the trust fund funds set up by these companies to guarantee compensation for victims. Consult a mesothelioma lawyer to determine if the patient may also file regular lawsuits against the businesses where they worked. This could reduce the mesothelioma treatment time by allowing a patient to sue multiple responsible parties at one time.
Discovery
When your lawyer believes they have sufficient evidence, they will file a formal Complaint on behalf of the client. The complaint will identify the asbestos companies they believe are responsible for the client's mesothelioma.
The defendants have a specific amount of time to respond. Your attorney will then begin the Discovery phase while you wait. This is the stage where both parties exchange information and documents. Your attorney can also conduct interviews with witnesses.
Mesothelioma cases are usually filed as either a personal injury or death claim. A person who has been diagnosed with asbestos-related mesothelioma may claim an injury claim or wrongful deaths claim. If the victim has died, their family can bring a lawsuit on their behalf.
Depending on where you live depending on where you live, you could be able to cut down the timeframe for your mesothelioma case. This is called a motion for priority. It requires medical evidence. If it is approved, it permits your case to proceed through the court system more quickly.
The majority of mesothelioma lawsuits are settled outside of court, instead of going to court. Settlements are faster and less expensive for both parties. In fact there is a range of 80-92 percent of mesothelioma claims are settled. This is in contrast to about 20 percent that go to trial. Settlements also stop the victim from having to go through the lengthy appeals process that comes with a mesothelioma conviction.
Trial
After your lawyers file the lawsuit, the defendants have an imposed time limit to respond, usually 30 days. The next step is discovery that consists of information gathering and compiling your case. It can take anywhere between a few weeks and months.
During this time, mesothelioma defendants may attempt to sabotage your claim by denying exposure to asbestos or blaming other causes for your condition. For example, they might argue that smoking contributed to your mesothelioma instead of their products. Your lawyer can deter such arguments and keep the case moving forward.
Mesothelioma defendants are likely to offer a settlement at some point. They will prefer to settle out of court to avoid negative publicity and the expense associated with trial. Your lawyer will negotiate for you to secure the highest possible mesothelioma settlement.
A settlement from a lawsuit involving mesothelioma can help you extend your life and support your family in the event that you are not working. A mesothelioma settlement may also pay for funeral expenses and other costs. Multiple settlements are usually granted to mesothelioma victims. Asbestos companies could also be required to contribute to asbestos trust funds in the case of irreparable damage. Trust funds for asbestos have paid millions of dollars in compensation to victims. more than 30 billion dollars have been put aside as a reserve fund. The majority of mesothelioma lawsuits are settled in a pre-trial settlement. Certain cases are tried, and a verdict is awarded.
Settlement
Mesothelioma lawsuits require a team of experienced attorneys and investigators who review documents, speak with patients or family members and identify potential asbestos-related sources. This process can last from a few months to over a year. Depending on where you reside and the type of claim you want to file, you can file a claim for personal injuries or the wrongful death of a loved one.
A mesothelioma attorney can help victims obtain compensation from various sources, including asbestos trust funds. These are trust funds created by companies that were so overwhelmed by asbestos claims, they declared bankruptcy and reorganized to pay compensation to victims. Trusts like these hold millions of dollars in assets and can help victims pay medical expenses, funeral costs and lost income.
Most mesothelioma lawsuits settle outside of court and are typically resolved within one year of the filing. In the settlement portion of the case both sides discuss the amount of compensation that victims should receive. Defense attorneys will often make low-ball offers hoping that victims will accept the offer so that they can avoid the high cost of taking their case to trial. Attorneys who have experience in dealing with mesothelioma cases will advise their clients to refuse these offers and demand a larger settlement. A trial could add an additional year or more to a mesothelioma lawsuit timeframe. A court appeal could prolong the litigation process. This is why it is crucial to consult an experienced mesothelioma attorney as soon as you can.