The Process of Asbestos Class Action Litigation

Patients diagnosed with mesothelioma should consult an experienced asbestos lawyer as soon as possible. They can guide you through the entire process including filing an asbestos lawsuit.

Mesothelioma lawyers understand that class action litigation differs from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements and an exhaustive investigation is required.

Statute of Limitations

Asbestos has a variety of negative effects on health. The most frequent symptoms are lung cancer, mesothelioma and asbestosis. Each of these ailments can be fatal. asbestos lawsuit victims who have a diagnosed illness are often owed compensation. The statute of limitations, or time limit within which a victim may make a claim, can differ. It's important to speak with an experienced asbestos attorney before the statute of limitations expires.

In general the plaintiff's "clock" starts to run when they are aware or be aware that their injury was caused by exposure to asbestos. For the majority of people, this will be when they are diagnosed with a mesothelioma or another asbestos-related disease. Sometimes, people develop an additional asbestos-related disease years after the onset of asbestosis or another disease. In these cases the statute of limitations for the condition will begin to run on its own, even if it is past the deadline for filing an asbestosis lawsuit.

A number of companies operating in the asbestos industry filed for bankruptcy because of the massive liability they faced as a result of their reckless business practices. The companies were required to establish trust funds to pay future claims to asbestos victims. However they are also limited in terms of the number of victims that can be compensated for their injuries.

The statute of limitations for asbestos cases will vary by state, but the majority have an expiration date of between two and three years from the date of diagnosis. The time frame can also be impacted by factors such as the length of time a person was exposed to asbestos, whether they shifted between states and what type of work they performed.

An asbestos lawyer can sometimes extend the statute of limitations according to the specific circumstances of the case. This is referred to as a statute of repose, and it allows plaintiffs to file an asbestos suit even after the statute of limitations has passed. In some instances, a claimant may need an extension if they've not been able to obtain the necessary evidence of asbestos exposure.

Discovery Phase

During the discovery phase, both teams will present any evidence they have. Photographs, documents and historical records can be used to show that the defendants were exposed asbestos and responsible for your mesothelioma. This information can be shared with the other team and can help your lawyer determine whether there is enough common ground for an agreement. However, if there is not sufficient agreement, the case could be brought to trial, in which both sides present their arguments to jurors or a judge.

The legal process for asbestos lawsuits can be complicated and time-consuming, since it can take decades between the time of exposure and the diagnosis of mesothelioma or an asbestos-related disease. Each case is different, but most follow the same legal steps. A mesothelioma attorney can help you and your family navigate through the complex legal system. They will work with a group of legal professionals, including lawyers, investigators, paralegals and medical experts.

Mesothelioma is a kind of cancer that affects the lining of internal organs which include the lungs, heart, and abdomen. The cancer is caused by asbestos exposure which was widely used in the United States after World War II. Mesothelioma can be caused due to exposure to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits typically involve claims for class action.

Asbestos litigation can be complex, as victims must prove that their injuries were a result of exposure to asbestos, and that the company exposed them in a negligent manner. The most important thing to do in a claim involving asbestos is to find a qualified mesothelioma law firm. A mesothelioma attorney can review your history of exposure and determine which companies are responsible for your illness. They can also assist you in filing an action against the defendants.

Mesothelioma compensation is different from case to case, but the majority of victims receive compensation for their past and current medical bills, lost wages, future prognosis and outlook for life as well as emotional distress and suffering and pain. Compensation can also include the costs of wrongful death. During a free and no-obligation review of your case an attorney for mesothelioma will go over the specifics.

Settlements

Many who worked with asbestos were exposed to the material for a long time. This exposure could have resulted in different types of illness such as mesothelioma. Patients diagnosed with mesothelioma need experienced legal counsel to pursue justice against the companies responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their loved ones.

Mesothelioma suits can be filed by people who were exposed to asbestos in their workplaces, homes and military bases or even at home. They are entitled to compensation for medical expenses and lost wages (if they were unable to work) as well as suffering and pain. Before accepting a settlement asbestos victims and their families must to know the value of their case is really worth.

During the discovery stage of a asbestos class-action lawsuit, both parties collect facts and documents to support their assertions. It could take several months for the two teams to find documents and interview witness. The information gathered will be used by mesothelioma attorneys to determine the most suitable compensation amount for their clients. They can look into the victim's military history to determine the that asbestos was exposed. They can also speak to former employees to obtain more proof that asbestos companies are accountable for the damages suffered by victims.

It must be determined prior to a mesothelioma suit is filed, that there are enough similarities between the individual cases to make it impossible or difficult to bring separate lawsuits. This was particularly common in the early years of asbestos litigation prior to the time mesothelioma could be definitively linked to exposure to asbestos-containing products.

Asbestos patients should be prepared to negotiate the highest settlement amount, as businesses who disclose victims typically settle claims quickly to save money. Sadly, some victims have taken advantage of settlements that are much less than the true worth of their mesothelioma lawsuit. Mesothelioma lawyers can negotiate with multiple asbestos lawyers companies to ensure their clients get fair settlements.

Trial

Once the legal process has begun the attorneys and victims will begin gathering evidence to support the case. It can take several months for both sides to go through documents and speak with witnesses. The evidence collected will assist a lawyer in determining which companies are accountable to compensate the victim. In this time, lawyers can also request records of asbestos trust funds that are set up for the reimbursement of medical bills and expenses incurred by those suffering from mesothelioma.

Asbestos lawsuits have resulted in settlements and verdicts in the millions for victims across the United States. Despite this, the companies who have used asbestos in the past are still trying to avoid and avoid responsibility for the effects of their products on human lives. The option of declaring bankruptcy is one way to achieve this.

However, courts weren't willing to let companies avoid responsibility completely. Therefore, the courts ordered that they set up asbestos trust funds to store money for present and future claims. Asbestos funds now have assets of more than $30 billion.

Despite the wealth available, asbestos companies have continued to fight the victims and their lawyers in court. They have tried to portray the asbestos companies as villains instead of accept their responsibility for exposure of workers to asbestos and causing illness. This is why it is crucial for victims to partner with a law firm with years of experience in defending the rights of those who have suffered from asbestos exposure.

Levy Konigsberg has been at the forefront in the fight against asbestos since more than 30 years. We represent patients with mesothelioma and their families throughout the United States. We have a deep understanding of the companies that manufactured and sold asbestos-containing products and we know how to investigate their documents and gather evidence to build strong cases for our clients.

If you have been diagnosed with mesothelioma, contact a mesothelioma attorney to get a free consultation. We can help you get the compensation you deserve. Contact us at 866-454-8529, or contact our website. We are looking forward to hearing from you.