The Process of Asbestos Class Action Litigation

Patients diagnosed with mesothelioma should consult an experienced asbestos lawyer as soon as they can. They can offer guidance throughout the entire process including filing a asbestos lawsuit.

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

Statute of limitations

Asbestos can have many negative health effects. The most frequent symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions can be fatal. Asbestos-related victims with a diagnosed illness are often owed compensation. The statute of limitations, or the time frame that a victim has to bring a lawsuit, may differ. It is crucial to talk with an experienced asbestos lawyer prior to the statute of limitations runs out.

In general the statute of limitations "clock" runs at the point that a plaintiff realized or should have known their injury was caused by asbestos exposure. Most people will find out when they are diagnosed as mesothelioma, or some other asbestos-related disease. Sometimes, a person develops an additional asbestos-related disease after the onset of asbestosis or another disease. In these instances, even though the deadline for filing a lawsuit against asbestosis has been met, the statute of limitation for the additional condition will begin to expire.

A number of companies in asbestos-related industries declared bankruptcy because of the huge liability they incurred for their business practices that were reckless. The companies were forced to create trust funds to settle future claims for asbestos victims. These funds have a limit on the number of asbestos victims who can be compensated.

The statute of limitations for an asbestos-related case will vary by state, but the majority have the limitation of between two and three years from the time of diagnosis. The timeline could be affected by other factors like the length of time an individual was exposed to asbestos attorneys, and whether they relocated from one state to another.

Based on the specific circumstances of a case the asbestos lawyer can extend the time limit for filing a claim. This is known as a statute of repose, and it allows plaintiffs to file an asbestos suit even after the statute of limitations is reached. In some instances, an extension may be necessary if the injured party is unable to get the required evidence of their asbestos exposure.

Discovery Phase

In the discovery phase, both teams will present evidence they have. Documents, photographs and historical documents can be used to show that the defendants were exposed to asbestos and are responsible for your mesothelioma. This information can be shared with the other side and help your lawyer determine if there is enough common ground for a settlement. If there isn't a deal and the case is not settled, it could be brought to trial, where both sides will be able to present their case before a judge or jury.

The legal procedure for asbestos lawsuits is complicated and time-consuming, since it can take years between exposure and diagnosis of mesothelioma or another asbestos-related disease. Each case is different, but the majority follow the same legal steps. A mesothelioma lawyer with experience can help you and your family members in understanding the complex legal system. They will collaborate with a team of legal professionals including paralegals, lawyers, investigators and medical experts.

Mesothelioma is a kind of cancer that affects the lining of internal organs such as the lungs, heart, and abdomen. The cancer is caused by asbestos exposure which was extensively used in the United States after World War II. Patients who develop mesothelioma typically are exposed to multiple asbestos products. Asbestos exposure is so widespread that mesothelioma suits typically involve class actions.

Asbestos litigation is often complicated, as victims must prove that their injuries are the result of asbestos exposure, and that the companies exposed them in a negligent manner. The most important step in a claim involving asbestos is to find a competent mesothelioma law firm. An experienced mesothelioma lawyer can review your history of exposure and determine the companies that are responsible for your condition. They can also assist you to bring a lawsuit against the appropriate defendants.

Compensation for mesothelioma varies depending on the case. However, most victims receive compensation for medical bills, lost wages and the possibility of a future prognosis, as in emotional distress, pain and suffering and emotional suffering. Damages for wrongful death can also be included in compensation. A mesothelioma lawyer will go over the details of your case during a no-cost consultation, without obligation.

Settlements

Many people who worked with asbestos were exposed to the material for a long time. This exposure may have led to several types of illnesses including mesothelioma. People who have been diagnosed with mesothelioma should seek legal representation to pursue justice against the companies responsible for their injuries. The asbestos companies are accountable for their negligence and must compensate the victims and their families.

Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the harmful substance at their workplaces, military bases or homes, and even due to secondhand asbestos attorney exposure. The victims are entitled to reimbursement for medical expenses and lost wages (if they were unable work) and pain and suffering. Before settling a case, asbestos victims and their families must to know what their case really is worth.

During the discovery phase of a class-action asbestos lawsuit, both parties collect facts and documents in order to support their claims. It can take several months or more as the two teams search for documents and interview witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma settlement amounts for their clients. They can look into the victim's job and military history to determine the time period in which asbestos was exposed. They may also speak to former employees to obtain more proof that asbestos companies are accountable for the victims' damages.

To allow mesothelioma-related class action lawsuits to proceed it must be decided that there are enough similarities between the individual cases that it is not feasible or costly for them to file separate lawsuits. This was particularly prevalent in the beginning of asbestos litigation, prior to the time that mesothelioma had been definitively connected to exposure to asbestos-containing materials.

Asbestos patients must be ready to negotiate for the highest settlement amount, since companies that expose victims usually settle claims quickly to save money. Sadly, some victims have taken advantage of offers that are far lower than the true value of their mesothelioma claims. Mesothelioma lawyers can negotiate with multiple asbestos companies to ensure that their clients receive fair settlements.

Trial

When the legal process starts the attorneys and victims begin to gather evidence to support the case. It can take a few months for both sides to review documents and interview the witnesses. The evidence will help an attorney determine which companies should be compensated to the victim. In this process, lawyers may also request records from asbestos trust funds which are created to help victims pay their medical expenses and other costs associated with their mesothelioma diagnosis.

Asbestos lawsuits have resulted in multi-million dollar verdicts and settlements for victims across the United States. Despite this, the companies who have employed asbestos in the past are still trying to avoid to avoid accountability for the negative impact of their products on human lives. One way to avoid accountability is to declare bankruptcy.

The courts were not prepared to let companies completely escape their responsibility. Therefore, the courts ordered that they set up asbestos trust funds to hold funds for future and present claims. Asbestos trust funds have now amassed more than $30 billion in assets.

Despite the amount of money available asbestos companies continue defend victims and their lawyers in court. They have tried to portray them as villains, instead of accepting their responsibility for exposing asbestos workers and causing illnesses. It is essential that asbestos victims work with a firm who has been fighting for asbestos victims for a number of years.

Levy Konigsberg has been a leader in the fight against asbestos attorneys since more than 30 years. We represent mesothelioma victims and their families across the United States. We have a thorough understanding of the businesses that made and sold asbestos-containing products and we know how to gather evidence and examine their records to build strong cases for our clients.

Contact a mesothelioma lawyer to arrange for a free consultation in case you've been diagnosed. We can assist you in getting the compensation you deserve. Contact us via our website or phone number 866-454-829. We would love to hear from you.