Mesothelioma Lawsuit Timeline
A diagnosis of mesothelioma can be devastating. The majority of patients are at or near retirement age and have to deal with mounting medical expenses.
Mesothelioma can develop between 10 and forty years after asbestos exposure. State laws called statutes of limitations give victims one to five years from the date of diagnosis or discovery to file an injury claim.
Statute of limitations
Mesothelioma attorneys work to ensure that patients are able to file their lawsuits before the time limit for filing lawsuits expires. The deadline for filing varies by state and kind of claim. Personal injury claims generally have a statute that starts on the date the victim is diagnosed, while wrongful deaths claims start with the date that the victim passed away.
The main reason for mesothelioma statutes of limitation is that the evidence in these cases can disappear over time. Therefore, the law requires victims to act in a timely manner to get compensation for their losses.
For many of the victims it is necessary to reach for a mesothelioma lawyer immediately following a diagnosis or discovery of asbestos exposure. Attorneys can begin collecting data about mesothelioma, and also identify potential defendants.
After the information has been gathered, you can start a mesothelioma lawsuit in the appropriate court. The time frame to file mesothelioma lawsuits varies per state, but attorneys can assist victims to determine the best filing location based on their job, employer and residence location.
In some states the statute of limitations can be extended to allow mesothelioma patients or their family more time to prepare their case and gather evidence. This is a good option if the victim was diagnosed with mesothelioma years after their date of exposure, or if they want to file a lawsuit for a class or trust fund.
Mesothelioma can be a devastating disease for families and can last decades after asbestos exposure. Because of the long latency period the majority of mesothelioma patients are not diagnosed until the last stages of life. The statute of limitations could expire before victims or their loved ones are aware they have to file a lawsuit.
Preparation and Filing
Your lawyer will gather details about your medical health condition, including mesothelioma-related exposure and then make an official complaint. The defendants have 30 days to respond.
Your lawyer will then go over the responses of the defendants and decide whether to proceed with the case, or go to trial. Your mesothelioma attorneys will be better able to negotiate for you when they have more evidence. This stage can take anywhere from weeks to months.
A lot of mesothelioma lawsuits are settled prior to trial. Trials can add time to the process, and defendants are more likely to settle if they don't want to risk losing a court decision. However, certain cases do are resolved in court and the defendants might try to appeal a successful verdict.
Mesothelioma patients are entitled to reimbursement for medical treatment and other expenses associated with diagnosis. These costs can include medication and transportation to specialist appointments, and much more. Compensation may also be offered to the families of the victims for financial and emotional loss caused by the death of a loved one.
You can hold asbestos-related companies accountable for their mistakes by filing an action. Your mesothelioma attorneys can also ensure that you receive a fair settlement to secure the future of your family. Request a no-cost mesothelioma case review to begin your legal journey today. A lawyer will explain your rights to mesothelioma compensation and explain how the statute of limitations applies to you. This deadline is different from state to state, so it is crucial to speak with a mesothelioma expert law firm as soon as you can.
Response
Asbestos mesothelioma sufferers can claim compensation through a variety legal claims. It can take a while to settle a claim, and the exact amount is dependent on a variety of factors.
Compensation is usually awarded in the form of a settlement, however, some cases may go to trial. Asbestos lawyers will negotiate on behalf of their clients to maximize payouts. The average time for settling mesothelioma cases can range between one and twelve months.
Mesothelioma lawsuits begin with lawyers compiling information about asbestos exposure, identifying defendants and writing a formal complaint. The defendants are then given a timeframe of days to respond. If they don't respond within 30 days, they will be automatically ruled out of the case.
When the defendants are informed of the lawsuit, they will be given the option of settling a settlement or be taken to court. The majority of mesothelioma lawsuits are settled outside of court.
Most mesothelioma lawsuits are filed by those suffering from asbestos-related illnesses or relatives of those who died from mesothelioma. The lawsuits are filed against companies responsible for exposing the victims to asbestos, usually over numerous years.
At Weitz & Luxenberg, our attorneys can file a mesothelioma lawsuit on your behalf, and manage the entire process from beginning to the end. This allows you to focus on your health and family. We also recognize that time is valuable and will strive to speed up the process so you can get your compensation as quickly as possible. We will also handle all details of your claim through the internet and teleconferencing to ensure that you can avoid infection risks and travel during the COVID-19 pandemic. Our team has more than 50 years of experience.
Discovery
Mesothelioma cases are incredibly complex and require a thorough knowledge of the law as well as the science behind asbestos exposure. Experienced mesothelioma attorneys understand the strategies used by asbestos companies to try to undermine a victim's case. They know how to fight these strategies and present evidence of an asbestos-related disease to win compensation for victims.
During the discovery stage the parties to mesothelioma cases gather information from each other about their respective allegations. Lawyers can request each party to answer written questions and take part in depositions. They may also request the production of documents and other sources. In this stage, the victims receive the highest compensation for their claims.
After both parties have gathered details regarding the claims, they will meet to discuss them. Lawyers from both sides will come to an agreement or take the case to court. Mesothelioma victims usually get more money in settlements than they would have received if the case had gone to trial.
If the parties cannot reach an agreement, a trial will be scheduled for an agreed date. The attorneys will start the trial with opening statements and present evidence before the judge. The jury will decide if the plaintiff or defendant is entitled to an amount of money.
The vast majority mesothelioma lawsuits are settled before trial. Settlements typically take around one year.
Settlement
A mesothelioma attorney can ensure that the settlement is completed quickly and accurately reflects the specific circumstances of the case. Settlements usually are completed within several months. Negotiations with defendants are a part of this process and so is the gathering of evidence. An experienced lawyer can anticipate this timeframe and determine the best approach for reaching a successful settlement.
Compensation from a lawsuit for mesothelioma could aid victims, their families and others cover medical expenses and other financial obligations. It can also give peace of mind for the future. Patients with mesothelioma are often required to have to take time off from work to undergo treatment, which can impact the family income. Compensation for mesothelioma lawsuits can help families recover lost wages as well as provide ongoing care.
Many asbestos victims and their loved ones are not able to make a mesothelioma, or wrongful death lawsuit in time due to the statute of limitations. Mesothelioma attorneys can help surviving spouses and other heirs to asbestos victims to pursue legal claims.
The law requires that lawsuits adhere to specific rules and regulations to ensure a victim receives the maximum amount of compensation possible. A mesothelioma lawyer who is experienced understands these laws and can file a lawsuit at the proper venue. This can stop clients from filing in the wrong jurisdiction or missing out on the statute of limitation.
Defendants must respond to the lawsuit in the specified time frame, which can range from 30 days to some weeks. The attorneys representing both sides then exchange discovery that includes witness testimony (depositions) and other evidence to support their cases.
If mesothelioma lawsuit settlements are unable to come to an agreement regarding mesothelioma or the cancer, the case will be re-examined for a final resolution. Some cases end with an agreement, but the majority don't. Our mesothelioma lawyers will be staying with our clients until the end of their case, including any appeals.