Introduction
Every year, more than 3,000 people are diagnosed with mesothelioma, which is a rare and aggressive form of cancer that is caused by exposure to asbestos. Due to the long latency period, which can range from 20 to 50 years, people who have been exposed to asbestos may not develop mesothelioma until many years later, which is why filing a mesothelioma lawsuit is often the only recourse for victims.
However, many mesothelioma victims and their families are pained by how long it takes to get a settlement from mesothelioma lawsuits. In this article, we will discuss all the factors that can affect the length of time it takes for you to get a settlement from mesothelioma lawsuits and what you can do to hasten the process.
How Long Does It Take to Get a Settlement from Mesothelioma Lawsuits?
The length of time it takes to get a settlement from mesothelioma lawsuits is influenced by numerous factors, including:
Factors |
Explanation |
Type of lawsuit |
The type of lawsuit you file, whether it is an individual lawsuit, class-action lawsuit, or multi-district litigation (MDL) can determine the length of time it takes to get a settlement. |
Severity of the illness |
If the mesothelioma victim is still alive, the severity of their illness can influence how long the settlement process takes. |
Amount of evidence |
The amount of evidence that has to be collected in order to support your claim can determine how long the settlement process takes. |
Attorney selection |
The attorney that you select to represent you can have a significant impact on how long the settlement process takes. |
Defendant cooperation |
If the defendant is willing to cooperate with the settlement process, the length of time it takes to get a settlement can be considerably shortened. |
Client cooperation |
If the client is willing to cooperate with their attorney and provide the necessary information, the settlement process can be expedited. |
Settlement amount |
The amount of the settlement can influence the length of time it takes to get a settlement. Larger settlements may require more negotiation and take longer to reach a resolution. |
FAQs
1. What is the average length of time it takes to get a settlement from mesothelioma lawsuits?
The average length of time it takes to get a settlement from mesothelioma lawsuits can vary widely depending on the individual circumstances of each case. However, it typically takes between one and three years to resolve a mesothelioma lawsuit.
2. What can I do to expedite the settlement process?
There are several things you can do to expedite the settlement process, including providing all necessary information to your attorney, cooperating with your attorney, and being patient throughout the process.
3. Will I have to go to court to get a settlement?
While it is possible that you could have to go to court to get a settlement, many mesothelioma cases settle before they ever go to trial.
4. How does the statute of limitations affect the settlement process?
The statute of limitations can significantly impact the settlement process, as it sets a deadline for when a lawsuit can be filed. If the statute of limitations has passed, you may not be able to file a lawsuit at all.
5. What should I look for in a mesothelioma attorney?
When selecting a mesothelioma attorney, you should look for someone who has considerable experience with mesothelioma cases, a proven track record of success, and a willingness to fight for their clients.
6. How much does it cost to hire a mesothelioma attorney?
Most mesothelioma attorneys work on a contingency fee basis, which means that they only receive payment if you receive a settlement. Typically, the contingency fee is around 33% of the settlement amount.
7. Can I file a mesothelioma lawsuit on behalf of a deceased loved one?
Yes, you can file a mesothelioma lawsuit on behalf of a deceased loved one. This is known as a wrongful death lawsuit, and it can help you recover compensation for the damages that you and your family have suffered as a result of their death.
8. What damages can I recover in a mesothelioma lawsuit?
You can recover several types of damages in a mesothelioma lawsuit, including medical expenses, lost wages, pain and suffering, and wrongful death damages.
9. Will I have to pay taxes on my mesothelioma settlement?
The tax implications of your mesothelioma settlement will depend on several factors, including the type of damages you receive and your income level. You should consult with a tax professional to determine your tax liability.
10. Can I negotiate the settlement amount?
Yes, you can negotiate the settlement amount with the defendant or their insurance company. Your attorney will advocate on your behalf and work to get you the maximum settlement possible.
11. What happens if I reject a settlement offer?
If you reject a settlement offer, the case may proceed to trial, and a judge or jury will decide the outcome. This can be a risky strategy, as you may end up with less compensation than you would have received in a settlement.
12. Can I file a mesothelioma lawsuit if I don’t know where I was exposed to asbestos?
Yes, you can file a mesothelioma lawsuit even if you don’t know where you were exposed to asbestos. Your attorney will conduct an investigation to determine the source of your exposure.
13. Do I have to pay for expenses related to my lawsuit?
Your attorney will cover the expenses related to your lawsuit, such as court costs and expert witness fees. However, if you receive a settlement, these expenses will be deducted from your settlement amount.
Conclusion
Getting a settlement from mesothelioma lawsuits can be a long and arduous process, but it is worth it to seek the compensation that you and your family deserve. By working with an experienced mesothelioma attorney and having patience throughout the settlement process, you can increase your chances of getting a favorable outcome. Don’t delay in pursuing your legal options – the statute of limitations could prevent you from filing a mesothelioma lawsuit if you wait too long.
If you or a loved one has been diagnosed with mesothelioma, it’s essential to take action as soon as possible. Contact a mesothelioma attorney today to discuss your legal options and determine the best course of action for your circumstances.
Closing Disclaimer
The information provided in this article is for informational purposes only and does not constitute legal advice. If you have questions about mesothelioma lawsuits or need legal assistance, you should consult with an experienced mesothelioma attorney.
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