Mesothelioma lawsuits can be a complex and lengthy process, but the time it takes to receive compensation can vary greatly depending on the individual case. Generally, most mesothelioma lawsuits begin to award compensation within 90 days and the full term of the lawsuit is usually 12 months or less. After a settlement is reached, it may take from a few months to more than a year for you to start receiving settlement checks. The vast majority of cases of mesothelioma do not go to trial.
Lawyers on each side can reach an agreement, which may take an average of 18 months. But sometimes asbestos companies just don't agree to a fair amount of payment, and 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.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. If you are considering getting legal help with your possible mesothelioma case, asking for a referral from an attorney to someone you know and trust may be a good way to start your search. Defendants have a certain amount of time to respond, usually thirty days from when they hear about the lawsuit. Patients with mesothelioma or family members who were diagnosed with the disease before retirement age may be compensated through Social Security Disability (SSDI) benefits.If a victim of mesothelioma has already died, their spouse and other heirs generally have one to three years from the date of death to file a wrongful death action, which can also result in the recovery of significant damages.
Individuals who have been diagnosed with mesothelioma after working with or near asbestos have an excellent chance of receiving harm from the company that manufactured or installed the asbestos, or from an insurance company or trust fund for asbestos victims that has assumed responsibility for the company.Some mesothelioma settlements also involve trust fund payments for mesothelioma, which are generally lower than those for lawsuits. Filing a lawsuit not only leads to justice for victims, it can also provide you with financial security.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. Personal Injury Lawsuit Allows Victim to Seek Justice and Damages from Businesses That Caused Asbestos Exposure.Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. It's important for victims and their families to understand that filing a lawsuit is not only about seeking justice but also about providing financial security for them in their time of need.
