Although every case is different, many mesothelioma lawsuits begin to award compensation within 90 days. In addition, the full term of mesothelioma lawsuit is usually 12 months or less. The length of time to receive money from a settlement varies on a case-by-case basis. After a mesothelioma settlement is reached, it may take from a few months to more than a year for you to start receiving settlement checks.
Once a diagnosis has been made and a lawsuit is filed, the court sets a date for a settlement conference. Depending on the jurisdiction, this can be set at any time between three months and one year after filing. Patients need to act quickly if they want compensation for mesothelioma. The clock starts ticking right after confirming the diagnosis.
In addition, the deadlines for filing asbestos claims vary by state. Be sure to contact an experienced mesothelioma lawyer as soon as possible. Agreements can often be reached in as little as 30 days. When an asbestos lawsuit is filed, you will be assigned a settlement conference date and perhaps a trial date, depending on the jurisdiction.
The date of the settlement conference may be from a few months to a year after the presentation of the case, depending on the court's routine procedures. At the settlement conference, the lawyers for each side will tell the judge if they think the case is ready to be assigned a trial date. If the case is not ready, you will be assigned a future date of the settlement conference. When the case is ready for trial, you will be assigned a trial date, probably six months to a year later.
Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. State laws, called statutes of limitations, generally give people one to five years from the diagnosis or discovery of mesothelioma to file a lawsuit. But it's important to act promptly, because in some states, including California, Louisiana and Tennessee, the prescription is only one year from diagnosis or discovery. The vast majority of cases of mesothelioma do not go to trial.
Lawyers on each side can reach an agreement. It may take an average of 18 months to reach an agreement, but there are cases that have taken less than a year. Demonstrating the diagnosis of mesothelioma and evidence of exposure to asbestos is vital, whether you are filing a claim as a patient or as a survivor of a loved one. The first steps to applying for asbestos compensation include talking to a mesothelioma lawyer and finding out what type of compensation is best for your case.
Calling this number connects you to a patient advocate at The Mesothelioma Center, the nation's most trusted mesothelioma resource. It is very important for people suffering from asbestos diseases, such as mesothelioma, to seek legal advice. Often times, a good mesothelioma lawyer can get a fair settlement offer for his client, and there is no need to go to trial. If a loved one died of mesothelioma, a lawyer or a law firm that specializes in mesothelioma can help family members file an asbestos claim after death.
The most common types of mesothelioma qualify for accelerated disability benefits from the Social Security Administration. Financial compensation for mesothelioma may come from asbestos trust funds, settlements or jury verdicts. Today, former employees, military veterans and innocent bystanders suffering from asbestos diseases can file lawsuits against asbestos manufacturers for compensation. Although lung cancer and mesothelioma are different types of asbestos-related diseases, they can present with similar symptoms, which can make diagnosis difficult.
Legal lawsuits targeting asbestos trust funds outnumber mesothelioma lawsuits because many asbestos companies have gone bankrupt. If a mesothelioma claim goes to trial, a settlement can be reached or a jury could determine the amount of compensation, if the defendant is found guilty of exposure to asbestos. In general, mesothelioma claims have the shortest waiting time, since it is only caused by exposure to asbestos and no additional testing is required. These time periods can provide information if a medical professional is trying to determine if a case of lung cancer or mesothelioma was related to exposure to asbestos.