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How Long Does a Mesothelioma Case Take? A mesothelioma lawsuit is a personal injury lawsuit filed on behalf of asbestos victims. Mesothelioma victims should contact a trusted law firm right away to see whether they are eligible for compensation. Victims can receive compensation for medical expenses, lost wages, and pain and discomfort. A quality mesothelioma law firm can assist victims in filing a claim and walk alongside them throughout the process. Statute of Limitations The statute of limitations is the period in which a victim has to file a mesothelioma case. The deadline is based on state laws and can change according to the type of asbestos case. A mesothelioma lawyer can assist victims to learn about these laws and ensure that their claims are filed in time. There are many states that have different statutes of limitation in the case of asbestos-related personal injury as well as accidental deaths. The statute of limitations can differ depending on the kind of asbestos-related cancer, or how long symptoms took to appear. In the majority of personal injury cases, the statute begins to run when a victim becomes aware of a medical condition that was caused by asbestos exposure. Mesothelioma can take up to 50 years to manifest itself and many victims won't even know about their diagnosis until the statute of limitations has run out. In order to be able to compensate for this delay certain states allow the statute to begin at the date a mesothelioma diagnosis is made, not the date a victim was first exposed to asbestos. The discovery rule is designed to ensure that patients do not run out of time to start a lawsuit before they realize that their asbestos exposure caused their cancer. However some states do not adhere to this rule, and the statute of limitations for mesothelioma are not necessarily shorter than those for other personal injury claims. It is therefore important that mesothelioma victims speak with a mesothelio lawyer as soon as they are able, even before the statutes of limitation have expired. In certain mesothelioma cases lawyers might be able to ask a court to extend the statute of limitations. This is usually determined by the severity of mesothelioma disease and the extent of the disease. A mesothelioma lawyer can assist patients who have not been granted the statute of limitation look at other options, like trust fund claims or other sources of financial assistance. They can also suggest alternative locations to make a claim to increase the odds of success. Gathering Evidence Depending on the nature of mesothelioma case the evidence could include medical records, personal statements made by witnesses asbestos documents, as well as other forms of evidence. The strength and amount of evidence will affect the speed at which a mesothelioma lawsuit is heard in court. Mesothelioma lawyers can assist in organizing and put together this evidence in order that it is properly presented in court. A mesothelioma lawyer will also have access to a huge database of asbestos workers and their work histories which is an important asset when determining where and how exposure occurred. A person's age and health status can impact the amount their mesothelioma cancer case is worth. The more severe the mesothelioma diagnosis, the higher the case value however, even milder diagnoses can qualify patients for compensation. Mesothelioma lawyers will take these factors into consideration when evaluating the value of a client's claim. It is essential that a patient receives treatment as soon as possible following receiving a diagnosis of mesothelioma. This will lessen the severity of their symptoms and decrease the chance of repeat incidence. Mesothelioma patients generally undergo surgery, chemotherapy and radiation therapy to treat the condition. These treatments can be costly and could result in a substantial financial loss as a result of lost wages. A mesothelioma attorney will be able to calculate the full cost of these costs and include them in the mesothelioma settlement request of their client. The ability of a mesothelioma lawyer to determine the exact location and method by which the victim was exposed to asbestos will affect the length of time it takes for their client's case to be processed through the court system. Certain courts have separate departments for asbestos cases, which may speed up the process. Other courts could have more asbestos claims that could result in the case being delayed. An experienced mesothelioma attorney will also assist victims in seeking 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. The trusts contain more than $30 billion for mesothelioma patients. Lawyers can assist the client complete the necessary paperwork, and then apply for compensation. How to File a Claim Mesothelioma lawyers can help victims, and their families, file a lawsuit to hold asbestos companies accountable for their exposure. Lawsuits can include personal injuries and wrongful death claims. The primary reason for pursuing mesothelioma claims is to obtain compensation for medical expenses as well as lost wages, suffering and pain. Lawyers can assist victims with obtaining compensation from a variety of sources which include private insurance companies, government-sponsored programs, and asbestos trust funds. Before filing a lawsuit, mesothelioma lawyers should speak with patients to get information about their exposure history and 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 utilize this information to create a strong case for the victim. It is vital to have mesothelioma experts who are proficient in obtaining the highest amount of compensation from a settlement or verdict. An attorney can help clients determine how much compensation they can request, based on the unique circumstances and financial requirements of their client. In mesothelioma cases, defendants can offer to settle outside of court before going to trial. These offers may include the option of a lump sum or annuity payments. Mesothelioma attorneys will provide pros and cons of each option, so that victims can make the best choice for themselves. The discovery process begins after a mesothelioma case is filed. During this time, both parties will conduct depositions, interviews, and research to gather evidence that will strengthen their case. It is usually in the best interest of victims to accept a settlement rather than going to trial, which is a lengthy process. The average mesothelioma settlement is at least $1 million and the average mesothelioma jury award is $5 million or more. It is essential to keep in mind that each mesothelioma lawsuit is unique and will have specific circumstances. There is no mesothelioma expert who can guarantee a specific amount of settlement. It is imperative to contact a mesothelioma attorney as soon as you can. The family of the victim will ultimately decide whether to accept or deny a settlement. Going to Trial Most mesothelioma lawsuits do not go to trial. Instead, the majority of victims receive a settlement from their asbestos defendants. This process can take up to 18 months. A cash settlement in a mesothelioma case can help families and victims get medical treatment, pay the cost of living, and also pay for any lost income. A lawsuit can also be used to hold asbestos companies accountable for their blunders and misdeeds. A mesothelioma case will only be successful when it is filed by a skilled lawyer. The Lanier Law Firm has the experience, expertise and dedication required to take on large corporations that extracted asbestos and exposed their workers as well as the general public to this hazardous material. If a victim is unwilling to accept a settlement, their case will be heard by an arbitrator and judge. west valley city mesothelioma law firm can take longer than settling a case and defendants are entitled to appeal any jury verdict that is favourable to a plaintiff. A mesothelioma lawyer will do their best to speed up the process so that clients get compensation sooner rather than later. This allows the victim to concentrate on their treatment and reduces the financial strain. The mesothelioma payout is about $200,000, but this can differ significantly based on the particular circumstances of each case. Family members or veterans who have been diagnosed with mesothelioma because of their military service could be eligible for additional veterans' disability benefits. The value of a mesothelioma case can be boosted by the loss of income that occurs when a patient or family members are unable work due to their illness. If a loved one died from mesothelioma, this could increase the value of the claim. This can include funeral expenses and non-economic damages such as loss of companionship or support. These damages are known as wrongful death awards.