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How Long Does a Mesothelioma Case Take? Mesothelioma cases are personal injury lawsuit that is filed on behalf of an asbestos victim. Mesothelioma victims must contact a reputable law company immediately to determine whether they are eligible for compensation. Victims could receive compensation to pay for medical expenses, lost income and suffering. A mesothelioma lawyer can help victims in filing claims, and assist them through the entire process. Statute of Limitations The statute of limitations is the time period during which a victim must start a mesothelioma lawsuit. This deadline is determined by state laws and may vary depending on the type asbestos case. A mesothelioma lawyer can assist victims understand these laws and ensure that their claims are filed on time. Many states have distinct statutes of limitations for asbestos-related personal injury and accidental deaths. The statute of limitations could differ based on the type of asbestos-related cancer, or how long it took for symptoms to show up. In most personal injury cases, the statute of limitations begins when a victim is aware that they have a medical condition caused by their exposure to asbestos. But in mesothelioma cases, the disease can take 20-50 years to manifest and many patients will not even realize they have mesothelioma until the statute of limitations has expired. To make up for this delay, some states allow the limitation period to begin with the date of mesothelioma diagnoses, rather than when a victim has been exposed to asbestos. The discovery rule is designed to ensure that victims are not left with no time to bring a lawsuit prior to the time they realize that their exposure to asbestos resulted in their cancer. There are many states that do not adhere to this rule. The statutes of limitation for mesothelioma-related claims may be shorter than for other personal injury claims. This is why it's important that victims speak with mesothelioma attorneys as soon as possible, even before the statute of limitations has run out. A lawyer might be able, in certain mesothelioma related cases, to convince a judge to extend the statute of limitations. This is usually determined by the severity of the mesothelioma patients' illness and the severity of the disease. A mesothelioma lawyer will help those who have already missed the statute of limitations explore other options, like trust fund claims or other sources of financial aid. They can also recommend different locations where patients can file their claim to increase the odds of success. Gathering Evidence Based on the type of mesothelioma lawsuit, evidence may include medical documents, witness statements, asbestos documents, and many other types. The strength and the quantity of evidence will affect the speed that a mesothelioma suit moves through the court system. Mesothelioma lawyers can assist in assembling and make sure that it is presented in a proper manner in court. A mesothelioma lawyer can also have access to a huge database of asbestos workers and their work histories, which is a valuable asset when determining where and when exposure occurred. The value of a mesothelioma case can be affected by the age of a person and their health status. The higher the value of the case, the more severe the diagnosis is. However even mild diagnosis may be able to qualify patients for compensation. Mesothelioma lawyers will consider these aspects when assessing the worth of their client's claim. It is crucial that a patient receives treatment as soon as possible following the diagnosis of mesothelioma. This can significantly reduce their symptoms and increase the risk of the recurrence. Mesothelioma patients typically undergo surgery, chemotherapy and radiation treatments to treat the condition. These treatments are costly and can cause significant financial losses because of lost wages. A mesothelioma lawyer can calculate the total cost of these expenses and incorporate them into their client's mesothelioma settlement. The mesothelioma lawyer's ability determine the exact location and method by which the victim was exposed to asbestos can affect the amount of time it takes for their client's case to be processed through the court system. Some courts have dedicated departments for asbestos cases, which could accelerate the process. However, other courts might have a greater number of asbestos-related claims, which could delay the case. A knowledgeable mesothelioma attorney can help victims to seek compensation from asbestos trust funds. These trusts were created by companies who were ordered to go bankrupt due to their negligence in exposing asbestos workers. They hold more than $30 billion for mesothelioma patients. Lawyers are competent to assist clients file the correct paperwork and apply for the appropriate compensation from these trusts. How to File a Claim Mesothelioma attorneys can assist victims, and their families by filing a lawsuit to ensure that asbestos companies are held accountable for their exposure. Personal injury and wrongful death claims are a possibility in lawsuits. The primary reason to file mesothelioma cases is to secure compensation for medical costs, lost wages, and suffering. 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 interview patients to learn about their exposure history as well as their work history. To determine the most suitable defendants for a lawsuit, it is essential to determine when and how the patient was exposed to asbestos. Mesothelioma lawyers can use this information to make an effective case for the victim. It is vital to have mesothelioma lawyers that are skilled in obtaining the maximum amount of compensation from a verdict or settlement. A lawyer can help clients determine the proper amount they should ask for based on their unique situation and their financial situation. Before trial, plaintiffs in mesothelioma lawsuits can offer to settle their case outside of the courtroom. These offers may include a lump sum or annuity payments. Mesothelioma lawyers will discuss the advantages and disadvantages of each choice so that the victims can make the right choice for themselves. The discovery process begins once the mesothelioma cases are filed. During this phase, both sides will conduct research, interviews and depositions to collect evidence to strengthen their cases. In most cases, it's beneficial for the victim to settle rather than go through a long trial. The median mesothelioma settlement is at least $1 million, and the average mesothelioma jury award is $5 million or more. However, it is important to keep in mind that every mesothelioma case is different and has its own unique set of circumstances. A mesothelioma attorney cannot promise a specific amount of settlement. For this reason, it is always recommended to contact a mesothelioma lawyer firm as soon as is possible. The victim and their family will ultimately decide whether to accept or deny a settlement. Going to Trial Ultimately, most mesothelioma cases do not go to trial. Instead most victims receive settlements from asbestos defendants. This process can take up to 18 months. A monetary settlement from a mesothelioma suit can assist victims family members, as well as the court pay for medical expenses and living expenses as well as lost income. A lawsuit can also be used to hold asbestos-related companies accountable for their negligence and misdeeds. A mesothelioma suit is only successful if it is handled by a skilled attorney. The Lanier Law Firm has the knowledge, experience and commitment required to take on large corporations who used asbestos mining and exposed their workers as well as the general public exposed to the dangerous substance. If lawrence mesothelioma lawsuit refuses to accept a settlement, their case is brought 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 which is in favor of a plaintiff. As mesothelioma has the potential to be a deadly illness, a skilled mesothelioma lawyer will do their best to speed up the case so that their clients can begin receiving compensation earlier rather than later. This allows the patient to concentrate more on their treatment and relieves the financial strain. The mesothelioma average settlement is approximately $200,000, however it can differ greatly based on the specifics of each case. Veterans or family members who are diagnosed with mesothelioma because of their military service may be eligible for additional veterans' disability benefits. Loss of income could increase the value of a mesothelioma claim when patients, or loved ones, are not able to go to work due their illness. If a loved one died from mesothelioma, this could boost the value of the claim. This can include funeral expenses as well as non-economic losses such as a loss of companionship or support. These damages are referred to as”wrongful death” awards.