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How Long Does a Mesothelioma Case Take? A mesothelioma claim is a personal injury lawsuit that is filed on behalf of asbestos victims. Mesothelioma victims should contact a reputable law company right away to see if they qualify for compensation. Victims can receive compensation for medical expenses, lost wages and pain and discomfort. A mesothelioma lawyer can assist victims file a claim, and can guide them through the entire process. Statute of Limitations The statute of limitations is the period in which a patient has to start a mesothelioma lawsuit. This deadline is based upon laws in the state and can differ according to the type of asbestos case. A mesothelioma lawyer will assist victims understand the laws and ensure that their claims are filed in time. Different states have different statutes of limitation for asbestos-related personal injuries and wrongful deaths. The statutes of limitations may also differ by the asbestos-related cancer and how long it was before symptoms began to appear. In the majority of personal injury cases the statute of limitation begins when a victim is aware that they have a medical condition caused by their exposure to asbestos. However, with mesothelioma the condition can take between 20 to 50 years to reveal itself and many patients do not realize they have mesothelioma until the statute of limitations has expired. In order to make up for this delay, certain states allow the statute of limitations to begin at the time of mesothelioma diagnosis is made, not the date that a patient was first exposed to asbestos. The discovery rule is intended to ensure that victims don't run out of time to start a lawsuit before they realize that their exposure to asbestos led to their cancer. There are many states that do not adhere to this rule. The statute of limitations for mesothelioma cases can be shorter than for other personal injury claims. It is therefore crucial that mesothelioma victims speak with a mesothelio attorney as early as they can even before the time limit for filing a claim have expired. A lawyer may be able, in certain mesothelioma-related cases, to convince a judge to extend a statute of limitations. This is typically determined by the severity of mesothelioma patients' illness and the severity of the disease. If a time limit has already passed, a mesothelioma attorney can assist patients in exploring other options for compensation, such as trust fund claims as well as other sources of financial support. They can also suggest different locations where victims can submit their claim, which will increase the likelihood of success. Gathering Evidence Based on the type of mesothelioma situation, evidence may include medical records, witness statements, asbestos documents, as well as other types. The strength and the quantity of evidence will affect the speed that a mesothelioma suit moves through the court system. Mesothelioma lawyers can help assemble and organize this evidence so that it is presented in a proper manner in court. A mesothelioma lawyer also have access to a large database of asbestos workers' past as well as their work records, which can be a valuable asset in determining when and where exposure took place. A person's age and health status can impact the amount their mesothelioma cancer case is worth. The higher the value of the case, the more severe the diagnosis is. However even mild diagnoses can allow patients to be compensated. Mesothelioma lawyers will consider these factors when evaluating the value of their client's claim. It is vital that a patient receives treatment as soon after receiving a diagnosis of mesothelioma. This can drastically reduce their symptoms and the chance of the recurrence. Mesothelioma patients are typically treated with surgery, chemotherapy and radiation to treat their disease. The treatments are expensive and can result in substantial financial losses as a result of lost wages. A mesothelioma lawyer can calculate the full cost of these expenses and include them in the mesothelioma settlement request of their client. The mesothelioma lawyer's ability determine where and how the victim was exposed to asbestos will impact the time it takes for their client's case through the court system. Some courts have departments for asbestos cases, which can accelerate the process. However, other courts could have a larger number of asbestos cases, which can delay the case. A knowledgeable mesothelioma lawyer can help victims seek compensation from asbestos trust funds. These trusts were set up by companies who were ordered to bankruptcy because of their negligence in exposing asbestos workers. They hold more than $30 billion for mesothelioma patients. The lawyer can assist the client complete the necessary paperwork and apply for compensation. How to File a Claim Mesothelioma lawyers can help victims and their loved ones make a claim against asbestos-related companies that are responsible for exposing. The lawsuits can cover personal injury and wrongful deaths. The primary reason for filing a mesothelioma lawsuit is to secure compensation for medical costs along with lost wages, suffering and pain. Lawyers can assist victims in obtaining compensation from various sources which include private insurance, government-sponsored programs and asbestos trust funds. Before bringing a lawsuit, mesothelioma lawyers must interview patients to find out about their exposure history as well as their work history. It is crucial to understand the way in which patients were exposed to asbestos to identify the most suitable defendants. Mesothelioma lawyers can utilize this information to create an effective case for the victim. When seeking modesto mesothelioma lawyer , it is vital to work with mesothelioma lawyers who know how to get the most benefit from a settlement or verdict. A lawyer can help clients decide on the right amount to ask for based on their unique situation and their financial situation. Defendants in mesothelioma cases may offer to settle outside of court prior to going to trial. These offers can include a lump-sum payment or annuity. Mesothelioma lawyers will discuss the pros and cons of each option so that patients can make the right choice for themselves. After a mesothelioma suit is filed, it will begin the discovery process. In this phase, both parties will conduct depositions, research, and interviews to gather evidence to support their case. In most cases, it is in the victim's best interest to settle rather than go through a long trial. The average mesothelioma lawsuit is $1 million or more and the median mesothelioma jury award is $5 million or more. It is important to keep in mind that every mesothelioma case is unique and has specific circumstances. There is no mesothelioma lawyer who can guarantee a specific amount of settlement. It is imperative to contact a mesothelioma attorney as quickly as you are able to. The victim and their family will decide if they want to accept or deny an offer of settlement. Going to Trial Most mesothelioma lawsuits do not go to trial. Instead, the majority of victims receive settlements from asbestos defendants. The process can last up to 18 months. A financial settlement in a mesothelioma lawsuit could help the families of victims obtain medical care, cover living expenses, and compensate for any lost income. A lawsuit can also be used to hold asbestos-related companies accountable for their negligence and misconduct. However, a mesothelioma-related case can only be successful if it is filed by a seasoned attorney. The lawyers at The Lanier Law Firm have the experience, expertise and determination to fight against large companies that mined asbestos and knowingly exposed their workers as well as the general public to the dangers of asbestos. If a person is unwilling to accept an offer of settlement, the case is argued before the judge and jury. This procedure usually takes longer than reaching an agreement. The defendants could appeal any jury decision in favor of the plaintiff. A mesothelioma lawyer will work hard to expedite the case, to ensure that their clients receive compensation earlier than later. This eases financial burden and allows the patient to concentrate on their treatment. The mesothelioma average settlement is about $200,000, but this can vary significantly depending on the particular circumstances of each case. If a veteran, or their family member is diagnosed with mesothelioma because of their military service, they may qualify for additional benefits for veterans' disability. The loss of income can boost the value of a mesothelioma case when the patient, or their loved relatives, are unable work due to their illness. If a loved one has died from mesothelioma, it can increase the value of a claim. This includes funeral expenses and non-economic damages such as a loss of companionship or support. These damages are referred to as”wrongful death” awards.