How Long Does a Mesothelioma Case Take?

A mesothelioma suit is a personal injury lawsuit filed on behalf an asbestos victim. Mesothelioma victims should contact an experienced law firm to determine if they are eligible for compensation.

Victims could receive compensation to cover medical expenses, lost income, and pain and suffering. A reputable mesothelioma law firm can assist victims in filing a claim and walk alongside them throughout the process.

Statute of Limitations

The statute of limitation is the timeframe in which a patient has to bring a mesothelioma suit. This deadline is based upon state laws and can change according to the type of asbestos case. A mesothelioma lawyer will help victims learn about these laws and make sure their claims are promptly filed.

Many states have different statutes of limitation for asbestos-related personal injuries and accidental deaths. Statutes of limitations may also differ depending on the kind of asbestos-related cancer, or how long symptoms took to appear.

In most personal injury claims the statute of limitations begins to run when a victim is aware of a medical condition that was caused by exposure to asbestos. However, with mesothelioma the disease can take 20-50 years before it is revealed, meaning that many victims don't even realize they have mesothelioma until the time limit has passed.

In order to compensate for this delay, certain states allow the statute to begin with the date of a mesothelioma diagnosis is confirmed, and not the date on which a victim was first exposed to asbestos. The rule of discovery is designed to ensure that patients are not left with no time to bring a lawsuit prior to the time they realize that their exposure to asbestos led to their cancer.

Not all states adhere to this rule. The statute of limitations for mesothelioma lawsuits can be shorter than those for other personal injury claims. This makes it important for victims to consult mesothelioma lawyers as quickly as possible, possibly before the statute of limitations has expired.

A lawyer may be able, in certain mesothelioma cases, to convince a court to extend the time limit. This is typically determined by the severity of the mesothelioma patients' illness and the severity of the disease. A mesothelioma lawyer will help patients who have been unable to file their claims within the statute of limitations explore other options, for instance, trust fund claims or other sources of financial aid. They can also recommend different locations where victims can submit their claim, which will increase the odds of success.

Gathering Evidence

Depending on the type mesothelioma lawsuit, evidence may include medical records, witness statements, asbestos documents, and many other types. The strength and amount of evidence can impact the speed that a mesothelioma claim is heard in court.

Mesothelioma lawyers can help organize and compile this evidence to ensure that it can be presented in a proper manner in court. An attorney for mesothelioma will have access a large database of asbestos workers and their work histories, which is a valuable advantage when determining where and how exposure occurred.

The age of a person and their health status can impact the amount their mesothelioma cancer case is worth. The more severe the mesothelioma diagnosis the greater the value of the case however, even milder diagnosis may be eligible for compensation. Mesothelioma attorneys will take these factors into account when assessing the value of a client's claim.

When a mesothelioma diagnosis is made, it is essential that a patient receive treatment as soon as they can. This can drastically reduce their symptoms as well as the possibility of having a recurrence. Patients with mesothelioma typically are treated with surgery, chemo and radiation. These treatments are costly and can result in substantial financial losses due to lost wages. A mesothelioma attorney will be able to estimate the full cost of these costs and include them in their client's mesothelioma legal settlement.

The mesothelioma lawyer's capacity to determine where and how the victim was exposed to asbestos can affect the amount of time it takes for their client's case to go through the court system. Some courts have departments specifically dedicated to asbestos cases. This could make the process faster. However, other courts could have a greater number of asbestos cases, which could delay the process.

A knowledgeable mesothelioma attorney can also assist victims in seeking compensation from asbestos trust funds. These trusts were created by companies which went bankrupt because of their negligence in the exposure of workers to asbestos. They hold more than $30 billion in mesothelioma funds for patients. Lawyers will be competent to assist the client file the proper paperwork and request compensation from these trusts.

How to File a Claim

Mesothelioma lawyers can help victims and their families in filing a lawsuit to make asbestos companies accountable for their exposure. The lawsuits can cover personal injuries and wrongful death claims. The main reason to pursue mesothelioma lawsuits is to seek compensation for medical expenses, lost wages and suffering and pain. Lawyers can help victims obtain compensation from various sources such as private insurance, government-sponsored programs, and asbestos trust funds.

Before filing a lawsuit, mesothelioma lawyers should speak with patients to find out about their exposure history as well as their work history. It is vital to know what happened to patients and when they were exposed to asbestos in order to determine the most suitable defendants. Mesothelioma lawyers can then utilize this information to construct a solid case on the victim's behalf.

It is important to have mesothelioma attorneys who have experience in obtaining the highest amount of compensation from a verdict or settlement. Lawyers can help clients decide on the right amount to ask for in accordance with their specific situation and financial history.

Plaintiffs in mesothelioma lawsuits may offer to settle out of court prior to going to trial. These offers can include a lump-sum payment or annuity payments. Mesothelioma lawyers will outline the pros and cons of each option so that victims can make an informed choice.

After a mesothelioma suit is filed, it will begin the discovery process. During this time each side will conduct interviews, research and depositions in order to gather evidence to strengthen their arguments. In most cases, it is the best option for the victim to settle rather than go through a lengthy trial. The average mesothelioma lawsuit is at least $1 million and the mesothelioma average jury award is $5 million or more. But it is important to remember that every mesothelioma case is different and comes with its own set circumstances. Therefore, no mesothelioma attorney can guarantee a specific amount of settlement. It is imperative to contact a mesothelioma lawyer as early as you can. The victim and their family will ultimately decide whether to accept or decline a settlement.

Going to Trial

Most mesothelioma lawsuits do not go to trial. Most patients receive a settlement rather than an opportunity to trial from their asbestos defendants. This process could take anywhere from 18 months to be completed.

A financial award from a mesothelioma claim can assist victims family members, as well as the court pay for medical expenses, living expenses, or lost income. A lawsuit can be used to hold asbestos firms accountable for their negligence or misconduct.

However, a mesothelioma claim can only be successful if it is filed by a seasoned lawyer. The Lanier Law Firm has the knowledge, experience, and dedication necessary to pursue large corporations who exploited asbestos and exposed their workers, as well as the general public exposed to the dangerous substance.

If a victim refuses to accept a settlement, their case will be heard by a jury and a judge. This process can take more time than reaching an agreement. The defendants may appeal any jury verdict in favor of the plaintiff.

While mesothelioma is a serious illness, a skilled mesothelioma lawyer will work hard to speed up the case so their clients can start receiving compensation earlier rather than later. This helps alleviate financial pressure and allows the victim to concentrate on their treatment.

The mesothelioma average settlement is around $200,000 however it could vary based on the specific circumstances of each case. If a veteran or a family member is diagnosed with mesothelioma based on their service in the military, they could qualify for additional benefits for veterans' disability.

The loss of income can boost the value of a mesothelioma claim when a patient, or their loved ones, are not able to work due to their illness. In addition, if a loved one has passed away due to mesothelioma this can boost the value of the claim. It could include funeral expenses and non-economic damages resulting from the loss of companionship and support. These damages are referred to as wrongful death awards.