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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 sufferers should seek out a reputable law firm immediately to determine if they qualify for compensation. Victims can receive monetary compensation to cover medical expenses, lost income, and suffering and pain. A mesothelioma lawyer can help victims in filing a claim, and guide them through the entire process. Statute of Limitations The statute of limitation is the timeframe in which a victim must file a mesothelioma lawsuit. The deadline is governed by the laws of each state and can differ based on the type of asbestos case. marietta mesothelioma attorneys can assist victims understand these laws and make sure their claims are submitted in a timely manner. Many states have different statutes of limitations for asbestos-related personal injuries as well as accidental deaths. The statutes of limitations can be affected by the asbestos-related cancer and by how long it took for symptoms to show up. In the majority of personal injury cases the statute of limitations kicks in when a victim discovers they suffer from a medical condition caused by exposure to asbestos. But in mesothelioma cases, the disease may take between 20 and 50 years to manifest, meaning that many victims do not realize they have mesothelioma symptoms until the statute of limitations has expired. To make up for this delay, some states allow the limitation period to begin at the time of a mesothelioma diagnosis, not when a victim was exposed to asbestos. The discovery rule was designed to ensure victims don't run out of time before they realize that asbestos exposure has caused cancer. Some states do not follow this rule. The statutes of limitation for mesothelioma claims can still be shorter than other personal injury claims. This makes it important that victims speak with mesothelioma lawyers as quickly as possible, even before the time limit has expired. In certain cases of mesothelioma that are unique, a lawyer may be able to get a court to extend the statute of limitations. This is usually determined by the severity of a mesothelioma sufferer's illness and how far the disease has progressed. If a time limit has been passed an attorney for mesothelioma can help victims explore other possibilities for compensation, including trust fund claims as well as other financial sources. They can also recommend different locations where patients can file their claim to increase the likelihood of success. Gathering Evidence Depending on the type mesothelioma cases, evidence could include medical records, witness statements asbestos documents, and various other kinds. The quality and quantity of evidence can affect the speed at which a mesothelioma lawsuit moves through the court system. Mesothelioma lawyers can help gather and arrange this evidence to ensure that it is presented in a proper manner in court. A mesothelioma lawyer also have access to an extensive database of asbestos-related workers from the past and their employment history, which could be useful in determining where and when exposure took place. The value of a mesothelioma lawsuit is affected by the age of the person and their health condition. The more severe the mesothelioma diagnosis, the higher the case value, but even milder diagnosis may be eligible for compensation. Mesothelioma lawyers will take these aspects into account when assessing the value of a client's claim. It is important that a patient receives treatment as soon as they receive the diagnosis of mesothelioma. This will help reduce the severity of their symptoms as well as reduce the risk of having a recurrence. Mesothelioma patients are typically treated with chemotherapy, surgery and radiation to treat the disease. These treatments can be expensive and can result in a significant financial loss as a result of lost wages. A mesothelioma lawyer can estimate the total cost of this procedure and include it in the client's request for a mesothelioma settlement. The ability of the mesothelioma attorney to determine how and when a victim was first exposed to asbestos may affect the time required for the case to be heard in the court. Some courts have dedicated departments for asbestos cases, which could accelerate the process. Other courts could have more asbestos cases, which could cause the case to be delayed. A mesothelioma attorney who is well-informed can also help victims to seek compensation from asbestos trust funds. These trusts were created by companies that were forced into bankruptcy due to their carelessness in the exposure of workers to asbestos. These trusts now hold over $30 billion to compensate mesothelioma victims. Lawyers are able to help the client complete the appropriate documents and apply for compensation from these trusts. Filing a Claim Mesothelioma lawyers can help victims and their loved ones bring a lawsuit against asbestos companies responsible for exposure. Personal injury and wrongful death claims are a possibility in lawsuits. The main reason to pursue a mesothelioma claim is to seek compensation for medical expenses, lost wages and suffering. Lawyers can help victims in getting compensation from a variety of sources which include private insurance companies, government-sponsored programs, and asbestos trust funds. Before filing a lawsuit against mesothelioma's cancer, lawyers should interview the patient to know about his or her exposure and work background. To identify the most effective defendants it is crucial to know how and when the patient was exposed to asbestos. Mesothelioma attorneys can then use this information to build a solid case on the behalf of the victim. When pursuing compensation, it's essential to find mesothelioma lawyers who know how to make the most from the settlement or verdict. Lawyers can help clients determine the appropriate amount they should ask for depending on their particular situation and their past financial needs. Before going to trial, defendants in mesothelioma lawsuits may offer to settle out of court. These settlements could include lump-sum or annuity payment. Mesothelioma lawyers will provide pros and cons to each option, so that victims can make an informed decision. If a mesothelioma case is filed, it enters the discovery process. During this time, both sides will conduct depositions, research, and interviews to gather evidence to support their case. It is typically beneficial for victims to accept a settlement rather than going to trial, which is an extended 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 has its own set circumstances. As such there is no mesothelioma lawyer who can promise a specific settlement amount. This is why it is highly recommended to contact a mesothelioma law firm as soon as possible. The final decision to accept or not accept an offer of settlement is up the victim and their family members. Going to Trial Most mesothelioma lawsuits never go to trial. Instead the majority of victims receive a settlement from their asbestos defendants. The process can take anywhere from to 18 months. A financial reward from a mesothelioma case can help victims their families and the court pay for medical treatment as well as living expenses or lost income. A lawsuit can also be used to hold asbestos-related companies accountable for their negligence and misdeeds. However, a mesothelioma case can only be successful if it is filed by an experienced attorney. The lawyers at The Lanier Law Firm have the knowledge, experience, and dedication to fight large companies that mined asbestos and then knowingly exposed their employees as well as the general public to the risk of asbestos. If a victim does not accept the settlement offer, their case will be heard before a judge and a jury. This step often takes longer than negotiating a settlement and the defendants could appeal any jury decision in favor of the plaintiff. As mesothelioma has the potential to be a deadly disease, a skilled mesothelioma lawyer will do their best to speed up the process to ensure that their clients begin receiving compensation earlier rather than later. This helps alleviate financial pressure and allows the patient to focus on their treatment. The mesothelioma-related settlement averages around $200,000, but this can vary significantly depending on the particular circumstances of each case. Family members or veterans who are diagnosed with mesothelioma because of their military service may be eligible for additional veterans' disability benefits. Loss of income can increase the value of a mesothelioma lawsuit when a patient, or their loved relatives, are unable work due to their illness. If a loved one died from mesothelioma, this could boost the value of an claim. This includes funeral costs as well as non-economic damages such a loss of companionship or support. These damages are referred to as”wrongful death” awards.