How Long Does a Mesothelioma Case Take?

A mesothelioma lawsuit is a personal injury lawsuit that is filed on behalf of an asbestos victim. Mesothelioma victims must contact a reputable law company immediately to determine if they qualify for compensation.

Victims can be awarded compensation for medical expenses, lost wages, and pain and discomfort. A quality mesothelioma law firm can assist victims in filing claims and help them throughout the process.

Statute of Limitations

The statute of limitations is the time period within which a patient has to file a mesothelioma case. This deadline is determined by state laws and may differ based on the type of asbestos case. A mesothelioma lawyer can assist victims to learn about these laws and ensure that their claims are filed on time.

Many states have separate statutes of limitations for personal injury and wrongful death asbestos claims. The statute of limitations can vary depending on the type of asbestos-related cancer or how long it took for symptoms to show up.

In most personal injury claims the statute of limitations begins to run when a person is aware of a medical condition caused by exposure to asbestos. Mesothelioma can take as long as 50 years to manifest itself and many victims will not even be aware of their diagnosis until after the statute of limitations has expired.

To make up for this delay, certain states allow the statute to begin at the date a mesothelioma diagnosis, and not the date that a patient was first exposed to asbestos. The rule of discovery is designed to ensure that patients don't run out of time to make a claim before they realize that their exposure to asbestos has caused their cancer.

Not all states adhere to this rule. The statute of limitations for mesothelioma-related claims may be shorter than other personal injury claims. This is why it is crucial for victims to speak to mesothelioma lawyers as quickly as they can, and possibly before the time limit is up.

A lawyer may be able, in certain mesothelioma cases, to convince a court to extend the time limit. This is usually dependent on the severity of a mesothelioma patient's illness and how far along the disease has advanced. If a statute of limitations has been passed the mesothelioma lawyer can assist victims in exploring other options for compensation, including trust fund claims and other financial sources. They can also suggest alternative locations to file a claim in order to increase the chance of success.

Gathering Evidence

Based on the type of mesothelioma case, evidence can include medical documents, witness statements asbestos documents, and other types. The quality and quantity of evidence will affect the speed that a mesothelioma claim moves through the court system.

Mesothelioma lawyers can assist in organizing and assemble this evidence so that it is presented properly in court. A mesothelioma lawyer will also have access to a vast database of past asbestos workers and their employment histories, which can be an asset in determining when and where exposure occurred.

The worth of a mesothelioma claim is influenced by the age of the person and their health status. The more valuable the case, the more severe the diagnosis is. However even mild cases may qualify patients for compensation. Mesothelioma lawyers will consider these factors when evaluating the value of their client's claim.

It is crucial that a patient receives treatment as soon as they receive receiving a diagnosis of mesothelioma. This will help reduce the severity of their symptoms as well as reduce the risk of having a recurrence. Patients with mesothelioma typically are treated through surgery, chemotherapy and radiation. The treatments are expensive and can result in significant financial losses as a result of lost wages. A mesothelioma law firm attorney will be able to determine the total cost of this expense and include it in the client's request for a mesothelioma settlement.

The mesothelioma lawyer's ability determine where and how the victim was exposed asbestos will impact the time it takes for their client's case to pass through the court system. Certain courts have departments exclusively devoted to asbestos cases. This could speed up the process. However, other courts could have a larger number of asbestos-related claims, which could delay the case.

A knowledgeable mesothelioma attorney can also assist victims in seeking compensation from asbestos trust funds. These trusts were set up by companies which went bankrupt because of their negligence in the exposure of workers to asbestos. These trusts are now holding over $30 billion in funds to pay mesothelioma victims. The lawyer can assist clients fill out the necessary paperwork and submit for compensation.

Filing a Claim

Mesothelioma attorneys can help victims, and their families, file a lawsuit to hold asbestos companies accountable for their exposure. Personal injury and wrongful death claims can be included in lawsuits. The main reason for filing a mesothelioma lawsuit is to secure compensation for medical costs, lost wages, and suffering and pain. Lawyers can assist victims in obtaining compensation from many different sources such as private insurance, government-sponsored programs, and asbestos trust funds.

Before filing a lawsuit, mesothelioma lawyers need to interview patients to get information about their exposure history and their work history. To determine which defendants are the most suitable it is crucial to know how and when the patient was exposed to asbestos. Mesothelioma lawyers can use this information to build a strong case on behalf of the victim.

When seeking compensation, it is crucial to hire mesothelioma attorneys who know how to make the most value from the settlement or verdict. An attorney can help clients determine how much compensation to request, based on the unique circumstances and financial requirements of their client.

Plaintiffs in mesothelioma lawsuits may offer to settle out of court before going to trial. The settlement offers could include the option of a lump sum or annuity payments. Mesothelioma lawyers will explain pros and cons for each option, so victims can make an informed decision.

When a mesothelioma lawsuit has been filed, it enters the discovery process. During this time each side will conduct interviews, research and depositions to gather evidence to support their claims. In most cases, it is in the best interest of the victim to settle rather than go through a lengthy trial. The average settlement for mesothelioma is $1 million, while the average jury award for mesothelioma law firms is $5 million. It is important to remember that every mesothelioma suit is unique and will have specific circumstances. There is no mesothelioma expert who can promise a specific amount of settlement. It is imperative to contact a mesothelioma attorney as soon as you can. The family of the victim will ultimately decide whether to accept or deny a settlement.

Going to Trial

Most mesothelioma lawsuits never go to trial. Instead the majority of patients receive an agreement from asbestos defendants. This process can last from to 18 months.

A financial award in a mesothelioma case can help the families of victims get medical treatment, cover living expenses, and pay for any income loss. A lawsuit could also be used to hold asbestos-related companies accountable for their mistakes and misconduct.

A mesothelioma case is only successful when it is filed by an experienced attorney. The lawyers at The Lanier Law Firm have the expertise, experience and commitment to fight large companies that mined asbestos, and exposed their employees and the general public to this dangerous material.

If a victim is unable to accept the settlement offer, their case will be heard before a jury and a judge. This step can take longer than settling a case, and the defendants are entitled to appeal any jury verdict that is in the favor of a plaintiff.

A mesothelioma attorney will work hard to expedite the case, so that their clients receive compensation earlier than later. This allows the victim to focus more on their treatment and reduces the financial strain.

The average mesothelioma settlement is around $200,000 however it can differ based on the specifics of each case. Family members or veterans who have been diagnosed with mesothelioma because of their military service could be eligible for additional veterans' disability benefits.

Income loss can boost the value of a claim for mesothelioma when patients, or loved relatives, are unable go to work due their illness. If a loved ones died from mesothelioma, this could increase the value of a claim. This includes funeral expenses and also non-economic damages like loss of companionship or support. These damages are known as wrongful death awards.