Every step of the legal process can affect the mesothelioma settlement timelines and when you could be eligible for the compensation you deserve..
Find out more about each phase of the settlement process.
1. Contact the Law Firm and Collect Information
It is recommended to call an attorney firm that has handled mesothelioma cases before to submit your legal claim.
The law firms that they represent recognize the stress mesothelioma diagnoses can bring and will strive to earn you cash within the typical mesothelioma timeframe.
The best mesothelioma legal firms will assign an attorney in your area to talk about the case with you in person in 24-hours or less.
After the meeting and if you’ve got an appropriate case you are able to sign the documents that collaborate in conjunction with the firm. The first meeting usually lasts between 45 minutes and one hour.
2. Meet Your Trial Team
You will be able to meet with the legal staff within couple of days of completing the initial form.
The team you are part of will comprise of:
The trial team will call you to gather additional evidence to support your case like your work background, your exposure to asbestos past, and what products could have contributed to the asbestos-related disease you suffer from.
The process of case evaluation will help them determine the asbestos manufacturers and companies that contributed to your health issue.
The team can contact you to gather more details regarding your situation.
3. Filing the Lawsuit
Your team will begin filing an mesothelioma suit after obtaining all the necessary information and identifying the defendants who are most important.
The plaintiffs in the lawsuit have to respond within a specified number of days or else they risk losing the case. The amount of time that they must respond varies with every case.
The defendants in asbestos lawsuits nearly always respond within this time frame.
The lawyers of your defense and the defendants attorneys gather information relevant to the case (like medical and company documents) records) during what’s known as the discovery process.
The discovery phase usually takes a couple of months since it involves both teams to search the information, collect it, and then provide details.
The lawyers of your lawyer might request documents from defendants to show that their products contain asbestos. The lawyers of the defendants may also ask for documents to show they are not accountable for the illness you suffer from.
Depositions (spoken statements) could also be requested at this time. A loved one or you might be required to take an interview to the defendants.
Your lawyers could also talk to employees who were aware of how asbestos was used by the manufacturer within their product.
5. Settlement Negotiations
Settlement offers can come up at any point in mesothelioma litigation. The lawyer of your case will attempt to reach settlement agreements with every manufacturer mentioned as defendants in your lawsuit.
Mesothelioma settlement times may differ with each defendant identified within the case. Some defendants might resolve your case within several weeks, while other defendants might take several months or longer.
Other manufacturers might not agree to any settlement until the date of a trial approaches.
The truth is that lawyers attempt to avoid trial due to the fact that they add time and costs to a lawsuit however there is no way to ensure that you will win.
Professionally trained mesothelioma lawyers will ensure that your case is as solid as they can to effectively defend you in the case of an appeal.
6. Receiving Settlement Compensation
When a mesothelioma-related settlement amount has been established by your legal counsel, they will inform you of the settlement amount. After that, you will be able to sign to receive this amount.
Recent reports indicate that the mesothelioma average payout from an agreement amounts to $1,000,000.
This is the total amount of the compensation that patients with mesothelioma received from the defendants in lawsuits filed by them.
Your lawyer will keep you informed at every stage of your lawsuit, and can help you obtain your compensation as soon as you can. Learn more about how to get the compensation you deserve following a mesothelioma diagnosis.
Factors That Influence Mesothelioma Settlement Time-frame
The process of settling a lawsuit is not the only factor that affects the timeframes. Find out what other factors could impact when you receive settlement funds.
Statutes of Limitations on Mesothelioma claims
Laws that limit the time for filing a lawsuit prohibit individuals from having legal action for a specified amount of time.
It is not possible to submit an asbestos claim, or mesothelioma suit until the limitation period expires.
But statutes of limitation aren’t always easy to grasp. They are different according to state and cases (personal injury vs . wrongful death).
Get in touch with a mesothelioma attorney right away after receiving a diagnosis to prevent these problems. The sooner you take an action in court, the earlier you can secure financial protection and protection for the family.
Certain states and court systems permit mesothelioma cases to be heard earlier than other states.
Some states, for instance, have laws that give mesothelioma patients the right to trial within one year. Legislators in these states understand how fast this cancer can develop and then become fatal.
The mesothelioma law firms that are nationally renowned will assist you with filing your case with an appropriate court system that will give you the highest amount of compensation within the least amount of time.
The number of manufacturers in the Mesothelioma Lawsuit
The quantity of manufacturers mentioned in your lawsuit may impact a mesothelioma settlement frame.
The more companies included in the lawsuit, the greater chance that the one (or greater) from them would be looking to settle the lawsuit earlier and not later. This means that you could receive the compensation you deserve faster.
Motions and Trials
In rare instances the settlement is not reached, meaning that the lawsuit has to be settled either by either a motion or trial. Both of these scenarios could prolong mesothelioma lawsuit time durations.
Motions require an adjudicator to rule on the case, or to decide whether it is dismissed. A judge may decide who is the winner, without trial through a motion to summary judgment.
It takes about the equivalent of three months decide on a the summary judgement.
The case could be tried in the event that a motion fails to resolve the case.
In the course of a trial where a judge is in charge, the judge will oversee the proceedings and the jury comes to their asbestos-related verdict. Mesothelioma lawsuits take varying lengths of time to come to a conclusion in every instance.