How Long Does a Mesothelioma Case Take?

A mesothelioma suit is a personal injury claim filed on behalf of an asbestos victim. Mesothelioma victims must seek out a reputable law firm immediately to determine if they qualify for compensation.

Victims may be eligible for financial compensation to cover medical expenses, lost income, and suffering. A mesothelioma lawyer can help victims file a claim, and can guide them through the entire process.

Statute of Limitations

The statute of limitations is the time frame within which a patient has to submit a mesothelioma lawsuit. This deadline is determined by state laws and may vary based on the nature of asbestos case. A mesothelioma lawyer will assist patients understand these laws and ensure that their claims are submitted in a timely manner.

There are many states that have their own statutes of limitations for personal injury and wrongful death asbestos claims. The statutes of limitation may be different depending on the asbestos-related cancer and by how long it was before symptoms began to appear.

In most personal injury lawsuits, the statute begins to expire when a victim is aware of a medical condition caused by exposure to asbestos. However, with mesothelioma the disease can take 20-50 years to reveal itself, meaning that many victims don't even realize they have mesothelioma until the statute of limitations has expired.

To be able to compensate for this delay certain states allow the statute of limitations to begin with the date of a mesothelioma diagnosis is made, not the date that a patient was first exposed to asbestos. The discovery rule was formulated to ensure victims don't run out of time before they discover that asbestos exposure led to cancer.

Some states do not follow this rule. The statute of limitations for mesothelioma lawsuits can be shorter than those for other personal injury claims. It is therefore important to contact a mesothelioma attorney as soon as they are able even before the statutes of limitations have expired.

In certain mesothelioma-related cases, a lawyer may be able to get a court to extend the time limit for filing a claim. This is typically determined by the severity of the mesothelioma patients' illness and the extent of the disease. A mesothelioma lawyer may help victims who have already been unable to file their claims within the statute of limitations look at other options, for instance, trust fund claims or other sources of financial aid. They can also suggest alternative locations to file a claim to increase the chance of success.

Gathering Evidence

Based on the type of mesothelioma cases, evidence could include medical records, witness statements, asbestos documents, and various other kinds. The strength and the quantity of evidence can affect the speed at which a mesothelioma lawsuit is processed through the court system.

Mesothelioma attorneys can help organize and put together this evidence in order that it is presented properly in court. A mesothelioma lawyer can also be able to access a huge database of asbestos workers' past as well as their work history, which could be a valuable asset in determining where and when exposure occurred.

The age of a person and their health status can affect the amount their mesothelioma diagnosis is worth. The more valuable the case, the more serious the diagnosis is. However, even mild diagnoses may be able to qualify patients for compensation. Mesothelioma attorneys will take these aspects into consideration when assessing value of a client's claim.

It is crucial that a patient receives treatment as soon as they receive being diagnosed with mesothelioma. This will significantly lessen the severity of their symptoms and increase the likelihood of the recurrence. Mesothelioma patients are typically treated with chemotherapy, surgery and radiation to treat the condition. These treatments can be costly and can result in substantial financial losses due to lost wages. A mesothelioma attorney can calculate the total cost of these expenses and include them in the client's mesothelioma compensation request.

The mesothelioma lawyer's ability determine the exact location and method by which the victim was exposed asbestos will affect the length of time it takes for their client's case through the court system. Certain courts have departments specifically devoted to asbestos cases. This can make the process faster. Other courts could have more asbestos cases, which could cause the case to be delayed.

A mesothelioma lawyer who is knowledgeable can also assist victims seek compensation from asbestos trust funds. Trusts like these were created by companies that were compelled to declare bankruptcy due to their inattention to asbestos workers. They now hold more than $30 billion to pay mesothelioma victims. The lawyer can help the client complete the necessary paperwork, and then apply for compensation.

How to File a Claim

Mesothelioma attorneys can help victims, and their families by filing a lawsuit to make asbestos companies accountable for their exposure. Lawsuits may include personal injury claims and wrongful death claims. The primary reason to pursue mesothelioma lawsuits is to obtain compensation for medical expenses along with lost wages and suffering and pain. Lawyers can help victims obtain compensation from a variety of sources which include private insurance, government-sponsored programs, and asbestos trust funds.

Before bringing a lawsuit against mesothelioma's cancer, lawyers should interview the patient to know about their exposure history as well as their work history. To determine the most suitable defendants it is essential to know when and how the patient was exposed to asbestos. Mesothelioma lawyers can use this information to build an effective case for the victim.

It is crucial to find mesothelioma experts who are proficient in obtaining the maximum compensation from a settlement or verdict. A lawyer can help clients determine the amount of compensation to ask for, based on the unique circumstances and financial requirements of their client.

Plaintiffs in mesothelioma lawsuits may offer to settle outside of court before going to trial. This could include a lump-sum payment or annuity. Mesothelioma lawyers will explain advantages and disadvantages of every option, so that patients can make an informed choice.

Once a mesothelioma lawsuit is filed, it will go through the discovery process. During this time both sides will conduct research, interviews and depositions to gather evidence to strengthen their cases. In the majority of cases, it's in the best interest of the victim to settle instead of going through a lengthy trial. The mesothelioma average settlement is at least $1 million and the mesothelioma average jury award is $5 million or more. But it is important to keep in mind that each mesothelioma case is unique and has its own unique set of circumstances. Therefore there is no mesothelioma lawyer who can guarantee a specific amount of settlement. It is imperative to speak with a mesothelioma lawyer as quickly as you are able to. In the end, the decision of whether to accept or reject a settlement will be left the victim and their family members.

Going to Trial

Most mesothelioma lawsuits do not go to trial. Most patients get a settlement instead of a trial from their asbestos defendants. This process can take up to 18 months to be completed.

A financial settlement in a mesothelioma lawsuit can help the families of victims receive medical treatment, pay expenses for living, and pay for any lost income. A lawsuit can be used to hold asbestos-related companies accountable for their actions or incompetence.

However, a mesothelioma-related case is only successful if it is handled by an experienced lawyer. The lawyers at The Lanier Law Firm have the knowledge, experience and determination to fight against large companies that mined asbestos, and knowingly exposed their workers and the general public to the dangers of asbestos.

If a victim is unwilling to accept a settlement, their case is argued before the judge and jury. This step can take longer than settling a case, and the defendants are entitled to appeal any verdict of a jury which is in favor of a plaintiff.

Although mesothelioma is a fatal disease, a skilled mesothelioma attorney will work hard to speed up the process to ensure that their clients begin receiving compensation earlier rather than later. This lets the victim focus more on their treatment and relieves the financial burden.

The mesothelioma average settlement is about $200,000 but it can differ based on the specifics of each case. Family members or veterans who have been diagnosed with mesothelioma as a result of their military service may be eligible for additional veterans' disability benefits.

The loss of income can boost the value of a mesothelioma case when the patient, or their loved relatives, are unable work due to their illness. If a loved one dies due to mesothelioma it could increase the value of a claim. This includes funeral costs as well as non-economic damages such as loss of companionship or support. These damages are referred to as wrongful death awards.