How Long Does a Mesothelioma Lawsuit Take?

How Long Does a Mesothelioma Lawsuit Take?

Time frames and Expectations

As an asbestos lawsuit claimant, the last thing you want is an unnecessarily lengthy, drawn- out legal process. Whether you’re taking your case to court or reaching a settlement with the companies that harmed you, the sooner you can be compensated for your medical expenses, lost wages, mental and physical anguish, the better.

One of the most important financial decisions you’ll ever make is choosing a mesothelioma attorney who can take the legal action you need to get you the compensation you deserve. There are no set timeframes for when your case will be resolved, but an experienced and trustworthy mesothelioma attorney is your best bet to resolve the matter in your favor as quickly as possible.

What is the Process for a Mesothelioma Settlement?
Asbestos litigation is a unique process, from the date of filing the case to the final judgment. This is because mesothelioma cases tend to have relatively short statutes of limitations (the time in which you’re allowed to file a lawsuit) but long legal procedures.

However, courts generally believe that such cases should be handled with expediency and go forward as quickly as possible, due to the nature of the illness and life expectancy of the claimant. Here are the steps that lead up to your settlement:

Interview and information gathering: First, an attorney will speak with you about your health and confirm your official medical diagnosis. We make this process as simple and stress-free as possible. Our lawyers have spent decades working with those harmed by asbestos and are compassionate people who understand your pain. We will discuss your work history, identify where and when you were exposed and assess the damages caused by your asbestos related illness.

Filing your asbestos claim: Our law firm is located in Oakland, California, which is where we often file our cases. There are laws regarding where you can make your claim, and only when we know the facts can we determine where your suit should be filed. If needed, we’ll recommend the most appropriate attorney in our long-established network of legal specialists in different states with whom we have worked before.

Discovery: Our asbestos law firm will have an opportunity to question the companies responsible for your asbestos exposure in a deposition. Their attorneys will also have the opportunity to question you. During this process both sides will gather information that may be used in court if necessary. In our experience, most asbestos lawsuits end in settlement because the evidence is usually very strong and on our clients’ side.

Reaching a fair settlement: If the companies responsible for your asbestos exposure make settlement offers, we will advise you on whether or not you should accept. This is where having an experienced mesothelioma attorney is essential. Our decades of experience in asbestos litigation ensure that we know a fair mesothelioma settlement amount. Furthermore, we understand the financial impact that fighting your asbestos illness has. We know how much you’ll need to take care of your family, pay your bills and maintain the standard of living you have earned. We also know what we can successfully obtain as compensation for the mental and physical pain that comes with your asbestos-related disease.

Having the wrong attorney evaluate your settlement offer could cost you hundreds of thousands of dollars, possibly even millions.

Asbestos Lawsuits and Statutes of Limitations
Asbestos cases have a statute of limitations, or a “deadline” by which you must file your case. Each state has its own time limit, but in general, it is around one to three years following your original diagnosis. The law relies on “the time from initial diagnosis” because it may take 15-50 years for symptoms of mesothelioma due to asbestos exposure to become present. If a person has passed away due to the illness, a family member can file a wrongful death lawsuit, but the statutes of limitations from the time of death are also about one to three years.

Expediting Your Asbestos Lawsuit

Because of the serious health factors inherent in typical cases involving mesothelioma, the law often allows your asbestos attorney to expedite your case if your health requires it. Since time is of the essence for victims of mesothelioma, the courts tend to speed up the process so the victim can get the compensation and medical help they need.

Life Expectancy and Spousal Benefits

The family of a person who has died as a result of mesothelioma may also be entitled to damages with a wrongful death claim. If someone who is sick passes away during their lawsuit, the estate will be the one with the power to proceed with the case, and the heirs will have ther right to file a wrongful death suit.

If You Have Mesothelioma, Now is the Time to Talk to a Lawyer

If you or a family member is suffering from an asbestos-related illness or has a medical diagnosis of mesothelioma, you should contact a trusted asbestos attorney today. Your lawsuit can prevent others from being harmed, and help set a new standard of behavior for the guilty company. You’ll put yourself in a position to receive compensation for the damage asbestos exposure has done to your well-being and your family. Request a free consultation with Kazan Law today.