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How Long Does a Mesothelioma Case Take? A mesothelioma case is a personal injury lawsuit that is filed on behalf of asbestos victims. Mesothelioma patients should consult an experienced law firm to determine if they are qualified for compensation. Victims can get compensation for medical expenses, lost wages, and discomfort and pain. A quality mesothelioma law firm can help victims file claims and help them through the process. Statute of Limitations The statute of limitations is the time within which a patient has to file their mesothelioma claim. This deadline is determined by laws in the state and can differ depending on the type of asbestos case. A mesothelioma lawyer can assist patients understand these laws and ensure that their claims are filed on time. A lot of states have separate statutes of limitation for personal injury and wrongful death asbestos claims. The statutes of limitation can also differ by the asbestos-related cancer and how long it took for symptoms to show up. In the majority of personal injury cases the statute of limitations will expire when a victim is aware of an illness that was caused by asbestos exposure. Mesothelioma could take up to 50 years to manifest itself and many victims won't even know about their diagnosis until after the statute of limitation has expired. To be able to compensate for this delay certain states permit the statute to start at the date a mesothelioma diagnosis is confirmed, and not the date that a patient was first exposed to asbestos. The rule of discovery was developed to ensure that patients don't run out of time before they discover that asbestos exposure to asbestos has led to cancer. However some states do not adhere to this law, and time limits for mesothelioma are not necessarily shorter than those for other types of personal injury claims. This is why it is important for victims to speak to mesothelioma lawyers as soon as possible, even before the statute of limitations has expired. In certain mesothelioma-related cases, a lawyer could be able get a court to extend the statute of limitations. This is typically determined by the severity of a mesothelioma patient's condition and the extent to which the disease has progressed. If a time limit has already passed an attorney for mesothelioma may help victims explore other options for compensation, including trust fund claims and other sources of financial assistance. They can also recommend alternative locations where victims can file their claim in order to increase the chances of success. Gathering Evidence Based on the type of mesothelioma lawsuit, evidence may include medical documents, witness statements, asbestos documents, and many other types. The quality and quantity of evidence will affect the speed of a mesothelioma case goes through the court system. Mesothelioma lawyers can assist in gathering and organize this evidence so that it is presented in a proper manner in court. A mesothelioma lawyer can also have access to a large database of asbestos workers' past as well as their work histories, which can be useful in determining the location and time of exposure occurred. 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 may qualify patients for compensation. Mesothelioma lawyers will consider these aspects when assessing the value of their client's claim. It is vital that patients receive treatment as soon as they receive the diagnosis of mesothelioma. This can reduce the severity of their symptoms, and also reduce the risk of the recurrence. Mesothelioma patients generally undergo surgery, chemotherapy and radiation to treat their disease. These treatments can be costly and can cause substantial financial losses because of lost wages. A mesothelioma lawyer will be able calculate the full cost of these costs and include them into their client's mesothelioma settlement request. The mesothelioma lawyer's ability to determine where and how a victim was exposed to asbestos will affect the length of time it takes for their client's case through the court system. Some courts have departments for asbestos cases, which can accelerate the process. Other courts may have more asbestos cases, which 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 forced to declare bankruptcy due to their inattention to asbestos workers. These trusts now hold over $30 billion to pay mesothelioma victims. The lawyer will be capable of helping clients complete the necessary paperwork and request compensation from these trusts. How to File a Claim Mesothelioma lawyers can assist victims, and their families and their families file a lawsuit in order to hold asbestos companies accountable for their exposure. Personal injury and wrongful deaths claims are a possibility in lawsuits. phoenix mesothelioma attorneys to file a mesothelioma claim is to obtain compensation for medical expenses along with lost wages and pain and suffering. Lawyers can help victims find compensation from a variety of sources that include private insurance, government-sponsored programs and asbestos trust funds. Before filing a lawsuit mesothelioma lawyers must interview patients to find out 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 identify the most appropriate defendants. Mesothelioma lawyers can use this information to make a convincing case on behalf of the victim's behalf. It is crucial to find mesothelioma lawyers that are skilled in obtaining the highest amount of compensation from a settlement or verdict. Lawyers can help clients decide on the right amount to request based on their unique situation and their financial situation. Plaintiffs in mesothelioma lawsuits may offer to settle outside of court prior to going to trial. They may offer the option of a lump sum or annuity payment. Mesothelioma attorneys will explain the advantages and disadvantages of each option, so that victims can make the best decision for themselves. When a mesothelioma lawsuit has been filed, it will begin the discovery process. During this phase the parties will conduct interviews, research and depositions in order to gather evidence to strengthen their arguments. It is usually in the best interests of victims to accept a settlement instead of going to trial, which is an extremely long process. The mesothelioma average settlement is $1 million and the average mesothelioma jury award is $5 million. However, it is important to keep in mind that each mesothelioma case is different and comes with its own set circumstances. A mesothelioma attorney cannot assure a certain amount of settlement. It is important to speak with a mesothelioma lawyer 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 The majority of mesothelioma cases do not go to trial. Instead the majority of patients receive a settlement from their asbestos defendants. This process can last from to 18 months. A financial award from a mesothelioma lawsuit will help the victims their families and the court to pay for medical care, living expenses, or lost income. A lawsuit can also be used to hold asbestos companies accountable for their mistakes and misconduct. However, a mesothelioma claim will only be successful when it is filed by an experienced attorney. The lawyers at The Lanier Law Firm have the expertise, experience, and dedication to take on large companies that mined asbestos, and deliberately exposed their workers and the general public the dangers of asbestos. If a victim doesn't accept an offer of settlement, their case will be heard before a judge and jury. This step often takes longer than negotiating a settlement and the defendants can appeal any verdict of a jury to the plaintiff's favor. Although mesothelioma is a fatal disease, a knowledgeable mesothelioma lawyer will work hard to speed up the case so that their clients start receiving compensation earlier rather than later. This reduces financial pressure and allows the victim to concentrate on their treatment. The average mesothelioma settlement is approximately $200,000, but this can differ significantly based on the circumstances of each case. Family members of veterans or relatives who are diagnosed with mesothelioma because of their military service could be eligible for additional veterans' disabilities benefits. The value of a mesothelioma lawsuit could be increased due to the loss of income that occurs when a patient or their loved ones are unable to work because of their illness. If a loved person has passed away due to mesothelioma, this can increase the value of the claim to include funeral costs and non-economic damages resulting from the loss of companionship and support. These damages are known as wrongful death awards.