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How Long Does a Mesothelioma Case Take? A mesothelioma case is a personal injury lawsuit filed on behalf of asbestos victims. Mesothelioma patients should consult an established law firm to determine if they're eligible for compensation. Victims may be compensated for medical expenses, lost wages and discomfort and pain. A mesothelioma lawyer will assist victims in filing a claim, and can guide them through the entire process. Statute of Limitations The statute of limitations is the time frame within the time a victim has to make a mesothelioma claim. The deadline is based on the laws of the state and may differ depending on the type of asbestos case. A mesothelioma lawyer can assist victims learn about these laws and ensure that their claims are promptly filed. Many states have separate statutes of limitations for personal injury and asbestos-related wrongful deaths. Statutes of limitation may differ based on the nature of asbestos-related cancer and how long it took symptoms to become apparent. In most personal injury cases the statute of limitation begins when a victim realizes they have a medical problem caused by exposure to asbestos. With mesothelioma, however, the disease can take 20-50 years before it is revealed, meaning that many victims do not realize they have mesothelioma until the time limit has passed. To make up for this delay, some states allow the statute of limitations to begin with the date of mesothelioma diagnoses, rather than when a victim was exposed to asbestos. The discovery rule is designed to ensure that victims don't run out of time to make a claim before they realize their asbestos exposure has caused their cancer. However it is true that not all states adhere to this standard, and the time limits for mesothelioma can still be shorter than those for other types of personal injury claims. It is therefore essential that victims contact a mesothelioma lawyer as early as they can, even before the time limit for filing a claim expire. A lawyer might be able, in certain mesothelioma related cases, to convince a court to extend a time limit. This is typically determined by the severity of mesothelioma sufferer's condition and the severity of the disease. A mesothelioma lawyer will help patients who have been unable to file their claims within the statute of limitations explore other options, like trust fund claims or other sources of financial assistance. They can also recommend different locations where patients can file their claim, which will increase the likelihood of success. Gathering Evidence Depending on the type 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 moves through the court system. Mesothelioma lawyers can assist in gathering and organize this evidence to ensure that it is presented in a proper manner in court. A mesothelioma lawyer may also have access to a large database of asbestos workers who have worked in the past and their work history, which could be a valuable asset in determining where and when exposure took place. The value of a mesothelioma claim can be affected by determining the age of the person and their health condition. The more valuable the case, the more serious the diagnosis is. However, even mild diagnoses may be able to qualify patients for compensation. Mesothelioma lawyers will consider these aspects when assessing the worth of their client's claim. After being diagnosed with mesothelioma it is imperative that a patient receive treatment as soon as possible. This will reduce the severity of their symptoms as well as reduce the risk of the recurrence. Mesothelioma patients usually undergo chemotherapy, surgery and radiation to treat their disease. These treatments can be costly and can cause a significant financial loss as a result of lost wages. An attorney for mesothelioma can calculate the full cost of these expenses and include them in the client's mesothelioma compensation request. The ability of the mesothelioma attorney to determine how and where a patient was first exposed to asbestos may influence the length of time it takes for the case to be heard in the court. Certain courts have separate departments for asbestos cases, which could speed up the process. Other courts could have more asbestos claims which could result in the case being delayed. A mesothelioma lawyer who is knowledgeable can also assist victims seek compensation from the asbestos trust fund. These trusts were established by companies that were ordered to declare bankruptcy due to their negligence in exposing asbestos workers. These trusts are home to more than $30 billion for mesothelioma patients. Lawyers will be in a position to assist clients complete the necessary paperwork and apply for the appropriate compensation from these trusts. How to File a Claim Mesothelioma lawyers can help victims and their loved ones file a lawsuit against asbestos-related companies that are responsible for exposing. The lawsuits can cover personal injuries and wrongful death claims. The primary reason to file mesothelioma lawsuits is to seek compensation for medical costs along with lost wages, pain and suffering. Lawyers can help victims find compensation from many different sources that include private insurance, government-sponsored programs and asbestos trust funds. Before filing inglewood mesothelioma lawyer should speak with patients to understand their exposure history and work history. It is crucial to understand the manner in which patients were exposed to asbestos to determine the most appropriate defendants. Mesothelioma lawyers can use this information to make an argument that is persuasive for the victim. It is vital to have mesothelioma attorneys who have experience in obtaining the most compensation from a settlement or a verdict. A lawyer can help clients determine the best amount to request in accordance with their specific situation and their financial situation. Plaintiffs in mesothelioma lawsuits may offer to settle out of court prior to going to trial. These settlements could include lump-sum payment or annuity. Mesothelioma lawyers will explain pros and cons to every option, so that patients can make an informed decision. The discovery process begins after the mesothelioma lawsuit is filed. During this phase both parties conduct depositions, research, and interviews to gather evidence to support their case. In most cases, it's beneficial for the victim to settle rather than go through a long trial. The mesothelioma settlement average is $1 million, while the average jury award for mesothelioma is $5 million. However, it is crucial to keep in mind that each mesothelioma case is different and has its own unique set of circumstances. Therefore, no mesothelioma attorney can promise a specific settlement amount. In this regard, it is recommended to contact a mesothelioma law firm as soon as possible. The family and the victim will decide if they want to accept or refuse an offer of settlement. Going to Trial In the end, mesothelioma cases never go to trial. Instead the majority of victims receive settlements from asbestos defendants. The process could take anywhere from 18 months to be completed. A monetary settlement from a mesothelioma claim can assist victims their families and the court pay for medical expenses and living expenses as well as lost income. A lawsuit can be used to hold asbestos companies accountable for their wrongful conduct or negligence. A mesothelioma suit will only be successful if it is filed by an experienced lawyer. The Lanier Law Firm has the experience, expertise and dedication required to pursue large corporations that used asbestos mining and exposed their workers, as well as the general public to this hazardous material. If a person is unwilling to accept a settlement, their case is argued before an arbitrator and judge. This process can take longer than settling a case, and defendants can appeal any verdict of a jury that is in the favor of the plaintiff. A mesothelioma lawyer will strive to speed up the process to ensure that their clients receive compensation earlier than later. This allows the victim to concentrate on their treatment, and also relieves the financial burden. The median mesothelioma treatment settlement is approximately $200,000, however it varies based on the specific circumstances of each case. Veterans or family members who are diagnosed with mesothelioma because of their military service may be eligible for additional veterans' disability benefits. The value of a mesothelioma insurance claim can be increased by the loss of income that occurs when a patient or loved ones are unable to work because of their illness. If a loved one has died from mesothelioma, it can boost the value of the claim. This can include funeral expenses as well as non-economic losses such as loss of companionship or support. These damages are referred to as wrongful death awards.