How long does a mesothelioma claim take?
The average mesothelioma settlement time frame is 12 months or less — but time frames may vary by case. In fact, some patients have started receiving compensation within 90 days. A mesothelioma settlement occurs when the defendants (manufacturers of asbestos-based products) agree to pay the plaintiff (a mesothelioma victim) so the lawsuit does not go to trial.
Settlements can occur at almost any stage of a mesothelioma lawsuit. For these reasons, it’s important for asbestos victims to work with lawyers that have handled mesothelioma cases before. Victims can get the most compensation in the shortest amount of time by working with mesothelioma lawyers who can negotiate settlements.
Mesothelioma Settlement Time Frames and Lawsuit Payouts
Each step in the legal process affects mesothelioma settlement time frames and when you may receive compensation. Learn more about each step in the settlement process below.
1. Connect With a Law Firm and Gather Details
It is best to contact a law firm that has handled mesothelioma cases to file your legal claim. These law firms understand the burden that a mesothelioma diagnosis brings and will work to get you money within the average mesothelioma settlement time frame.
Did you know? General personal injury firms may not know how to get the most mesothelioma compensation in the shortest amount of time. Work with a mesothelioma law firm for the best results.
Top mesothelioma law firms will send a member of their team to discuss your case in person within 24 hours or less. After this meeting — and if you have a valid case — you can sign documents to work with the law firm. This first meeting typically takes 45 minutes to one hour.
2. Meet Your Trial Team
You will meet your legal team within a few days after filling out the initial paperwork. Your team will consist of:
Mesothelioma lawyer(s) Medical experts Investigators Paralegals This trial team will contact you to gather more evidence for your case, such as your work history, your asbestos exposure history, and which products may have led to your asbestos-related illness.
This case evaluation process can help them figure out which asbestos companies and manufacturers caused your illness. The team may follow up with you to get more information related to your case.
3. Filing the Lawsuit
Your team will file a mesothelioma lawsuit after collecting all the information needed and identifying key defendants.
Did you know? Some asbestos cases are filed against more than 30 different manufacturers of asbestos-containing products. The defendants in the lawsuit need to respond in a certain number of days, or they could automatically lose the case. The number of days in which they have to respond can vary with each case. The defendants named in asbestos lawsuits almost always respond within this time limit.
Your lawyers and the defendants’ lawyers gather facts related to the case (like company documents and medical records) in what’s known as the discovery process. The discovery phase typically lasts a few months as it requires both teams to find, gather, and provide information. Your lawyers may request documents from the defendants to prove that their products contained asbestos. The defendants’ lawyers may also request documents to try and prove they are not responsible for your illness.
Depositions (spoken testimonies) may also be taken during this time. You or a loved one may need to give a deposition for the defendants. Your lawyers may also speak to employees who knew how the manufacturers used asbestos in their products.
5. Settlement Negotiations
A settlement offer can occur at almost any stage of a mesothelioma lawsuit. Your lawyer will try to negotiate settlements with each manufacturer named in the lawsuit. Mesothelioma settlement time frames can vary with each defendant named in the lawsuit. Some defendants may settle your case in just a few weeks while others may take a few months or more. Other manufacturers may not agree to a settlement until a trial date approaches.
That said, most lawyers try to avoid trials because they add time and additional expenses to a lawsuit, and there is no way to guarantee a win. Experienced mesothelioma attorneys can make your case as strong as possible to properly represent you in the event of a trial.
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