The statute of limitations for mesothelioma lawsuits begins after the diagnosis of a personal injury lawsuit or at the time of the death of a wrongful death lawsuit. Most statutes of limitations for mesothelioma claims fall within one or two years, but some can reach up to six years. A mesothelioma lawyer can explain the specific statute of limitations for your case. It usually takes at least 20 years after exposure to asbestos for an ami-related disease to develop.
If you are looking for support for mesothelioma, contact our patient advocates at (85) 404-4592.If you are diagnosed with mesothelioma and think it may be related to exposure to asbestos in the workplace, it is important that you see a qualified attorney as soon as possible. Because of the statute of limitations, you only have two years to file a claim from the time you were diagnosed. If you lost a loved one to mesothelioma who died within two years of diagnosis of the disease, you only have two years from the date of death to file a survival or wrongful death action. To get the most compensation for your Asbestos case in the shortest possible time, you need to hire an attorney with years of experience and the ability to bring you to a settlement or trial quickly.
Our lawyers can get compensation in as little as 90 days, depending on the circumstances of your asbestos exposure and diagnosis. If you don't hire an experienced attorney, a personal injury or wrongful death lawsuit from mesothelioma can take several years to resolve. Settlement is reached or the case goes to trial. Most cases of mesothelioma resolve in a settlement in a year or less.
But sometimes asbestos companies just don't agree to a fair amount of payment. At this point, a lawyer specializing in mesothelioma may urge the victim to take the case to a jury trial. Asbestos companies can make a better deal offer once they see a victim taking the lawsuit seriously. Other times, an acceptable settlement is not reached until the trial is under way.
Most cases of mesothelioma and asbestos never go to trial. Attorneys for each party can usually reach a settlement agreement. It takes an average of eighteen months to reach an agreement, and both parties agree on a fair amount of compensation for the victim. 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. An experienced asbestos and mesothelioma lawyer will review your work history and your asbestos information databases to decide who is responsible.
It is very important for people suffering from asbestos diseases, such as mesothelioma, to seek legal advice. For example, previous defendants in mesothelioma lawsuits claimed that smoking caused plaintiffs' illness even though smoking has not been shown to cause mesothelioma. If you think your statute of limitations has expired, you may have other options for compensation and you may be wrong to lose your opportunity to file a mesothelioma claim. If your exposure to asbestos occurred while you were working in more than one state, it's not always clear which state statute of limitations covers your claim.
A personal injury claim for asbestos exposure may be appropriate if you have an asbestos-related illness, such as mesothelioma. Find an attorney in your state who specializes or has extensive experience in cases of mesothelioma and asbestos. Asbestos manufacturers must respond to the mesothelioma victim's claim for compensation within a specified time frame. For example, some defendants in mesothelioma lawsuits have claimed that smoking caused the victim's illness, even though smoking doesn't cause mesothelioma.
Don't Guess If You Still Have Time To File A Claim—Talk Directly To An Experienced Mesothelioma Attorney. Getting a settlement is one of the main ways mesothelioma victims and their families recover compensation from negligent asbestos companies. Today, former employees, military veterans and innocent bystanders suffering from asbestos diseases can file lawsuits against asbestos manufacturers for compensation. As a victim of asbestos exposure, you have the right to file a mesothelioma lawsuit against the responsible parties.