How Long Do Mesothelioma Claims Take?December 24, 2019
Mesothelioma claims can be as unique as the condition itself. Consequently, there’s no set timeframe for resolving a case—instead, every case moves at its own pace, and that pace depends on several factors.
4 Factors That Can Affect the Duration of Mesothelioma Cases
- The complexity of the case: The more complex a case is, the longer it can take to investigate, litigate, and resolve. One reason for this is that it can take far more time to locate, gather, and review all of the evidence for complicated mesothelioma cases (versus simpler claims). It can also take more time to present these cases in court—negotiate settlements for these cases.
- The available evidence: For mesothelioma claims to be successful, there has to be sufficient evidence to prove where and how asbestos exposure occurred, as well as how negligence contributed to the exposure. This evidence may include anything from product safety records and work history records to medical records and much more.
Stronger claims with more evidence can see faster resolutions (than claims with little evidence), as the defendants in these cases may not want to gamble the costs of a court fight when it looks like they have little chances of swaying a jury. That can mean higher settlement offers early on and potentially faster resolutions.
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- Your choices: One key choice that anyone who files a mesothelioma claim has to make at some point is whether to settle their case or see it through to a jury verdict. This is an individual decision. While each option may offer different pros and cons for different people, most mesothelioma claims are resolved via settlements.
- The court system: For those who do choose the court route, the busy schedule of the court is another factor that can impact how long it takes to resolve a mesothelioma claim. Hearings can be scheduled weeks apart, and trials may be scheduled months or more down the line. That can be a long journey for some, especially people with mesothelioma who would rather spend precious time with loved ones, rather than in a courtroom.
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At the Amaro Law Firm, we are dedicated to standing up for mesothelioma patients and families. Experienced and strategic, our attorneys will work relentlessly to set your claim up for success. Though compensation can’t reverse the harm caused by mesothelioma, it can help people pick up the pieces and focus on healing.