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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 seek out a reputable law firm immediately to determine whether they are eligible for compensation. Victims could receive compensation to pay for medical expenses, lost income, and pain and suffering. A reputable mesothelioma law firm can assist victims with filing an insurance claim and guide them throughout the process. Statute of Limitations The statute of limitations is the time frame in which a victim has to submit a mesothelioma lawsuit. The deadline is set by state laws and may differ based on the type of asbestos case. A mesothelioma lawyer can assist patients understand these laws and make sure their claims are filed on time. Many states have separate statutes of limitations for personal injury and asbestos-related wrongful death claims. Statutes of limitation may vary depending on the type of asbestos-related cancer, or how long symptoms took to appear. In most personal injury claims the statute of limitations will expire when a victim is aware of a medical condition caused by exposure to asbestos. With mesothelioma, however, the condition can take between 20 to 50 years before it is revealed and many patients will not even realize they have mesothelioma until the time limit has passed. To compensate for this delay, some states allow the time limit to begin on the date of a mesothelioma diagnosis instead of when a victim has been exposed to asbestos. The discovery rule is intended to ensure that patients don't run out of time to make a claim before they realize that their asbestos exposure has caused their cancer. Some states do not follow this rule. The statute of limitations for mesothelioma claims can still be shorter than those for other personal injury claims. It is therefore crucial to contact a mesothelioma attorney as quickly as they can, even before the statute of limitations have expired. A lawyer may be able, in some 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 extent of the disease. A mesothelioma lawyer can help patients who have passed the statute of limitations and explore other options like trust fund claims or other sources of financial assistance. They can also suggest different places where patients can file their claim in order to increase the chance of success. Gathering Evidence Based on the kind of mesothelioma lawsuit evidence may include medical records, personal statements made by witnesses asbestos documents, as well as other types of evidence. The strength and the quantity of evidence may affect the speed of a mesothelioma case goes through the court system. Mesothelioma lawyers can assist in organizing and compile this evidence to ensure that it is properly presented in court. A mesothelioma lawyer will also have access to a vast database of asbestos-related workers from the past and their work records, which can be an invaluable resource in determining when and where exposure took place. A person's age and health status can affect the amount their mesothelioma cancer case is worth. The more severe the mesothelioma diagnosis the greater the value of the case however, even less severe diagnosis can be a reason for compensation. Mesothelioma attorneys will take these factors into consideration when assessing the worth of a claim by a client. It is important that a patient receives treatment as soon as they receive the diagnosis of mesothelioma. This can reduce the severity of their symptoms and reduce the chance of having a recurrence. Mesothelioma patients are typically treated with chemotherapy, surgery and radiation to treat the disease. These treatments can be costly and can cause a significant financial loss due to lost wages. A mesothelioma attorney will be able calculate the total cost of these expenses and include them into the mesothelioma settlement request of their client. The mesothelioma lawyer's ability to determine the exact location and method by which the victim was exposed asbestos will impact the time it takes for their client's case to pass through the court system. Some courts have departments that are dedicated to asbestos cases. This can speed up the process. Other courts may have more asbestos claims which could cause the case to be delayed. A mesothelioma lawyer that is experienced can also help victims seek compensation from the asbestos trust funds. Trusts like these were created by companies who were ordered to declare bankruptcy due to their negligence in exposing asbestos workers. These trusts are home to more than $30 billion in mesothelioma funds for patients. The lawyer can assist the client fill out the necessary paperwork, and then apply for compensation. How to File a Claim Mesothelioma lawyers can help victims and their families and their families file a lawsuit in order to hold asbestos companies accountable for their exposure. The lawsuits can cover personal injuries and wrongful death claims. The primary reason for filing mesothelioma cases is to secure compensation for medical expenses as well as lost wages and suffering and pain. Lawyers can help victims find compensation from various sources such as private insurance, government-sponsored programs and asbestos trust funds. Before bringing a suit against mesothelioma lawyers must talk to the patient in order to learn about his or her exposure and working history. To identify the most effective defendants it is essential to know how and when the patient was exposed to asbestos. Mesothelioma lawyers can use this information to make an argument that is persuasive for the victim. When seeking compensation, it's essential to find mesothelioma lawyers who know how to make the most value from any settlement or verdict. A lawyer can assist their clients decide on the right amount to ask for according to their particular circumstance and their past financial needs. Plaintiffs in mesothelioma lawsuits may offer to settle outside of court prior to going to trial. They may offer an en bloc or annuity payment. Mesothelioma lawyers will outline the pros and cons of each option so that victims can make an informed decision. If a mesothelioma case is filed, it enters the discovery process. In this stage the parties will conduct interviews, research and depositions to gather evidence to support their claims. In the majority of cases, it is beneficial for the victim to settle rather than go through a long trial. The median settlement for mesothelioma is $1 million, while the mesothelioma juror's average award is $5 million. But it is important to keep in mind that every mesothelioma situation is unique and comes with its own set circumstances. Therefore, no mesothelioma attorney can promise a specific settlement amount. It is imperative to contact a mesothelioma lawyer as quickly as you are able to. The family of the victim will ultimately decide whether to accept or deny an offer of settlement. Going to Trial Most mesothelioma lawsuits never go to trial. Most victims receive a settlement instead of an opportunity to trial from their asbestos defendants. The process can take anywhere from to 18 months. A financial settlement in a mesothelioma suit can help the families of victims receive medical treatment, pay living expenses, and pay for any lost income. A lawsuit can also be used to hold asbestos companies accountable for their mistakes and misdeeds. A mesothelioma case is only successful when it is filed by an experienced attorney. The lawyers at The Lanier Law Firm have the knowledge, experience, and dedication to stand up against large companies that mined asbestos and deliberately exposed their workers and the general public to the risk of asbestos. If a victim does not accept a settlement offer, their case will be tried before a jury and a judge. This step often takes more time than reaching an agreement and the defendants may appeal any jury verdict to the plaintiff's favor. While mesothelioma is a serious illness, a skilled mesothelioma lawyer will work hard to speed up the case so their clients can start receiving compensation sooner rather than later. This allows the victim to concentrate more on their treatment, and also relieves the financial strain. The average mesothelioma settlement is approximately $200,000, however this can differ significantly based on the specifics of each case. Veterans or family members who have been diagnosed with mesothelioma because of their military service may be eligible for additional veterans' disabilities benefits. Loss of income can increase the value of a claim for mesothelioma when patients, or loved ones, are not able to go to work due their illness. If a loved one has died from mesothelioma, it can increase the value of a claim. This can include funeral expenses as well as non-economic damages like loss of companionship or support. portsmouth mesothelioma lawyer are known as wrongful death awards.