The Process of Asbestos Class Action Litigation

Get an asbestos lawyer on the case as soon after the diagnosis of mesothelioma as possible. They can guide you through the entire process, including filing a asbestos lawsuit.

Mesothelioma lawyers are aware that class action litigation differs from traditional personal injury claims. These lawsuits must meet strict legal requirements and an exhaustive investigation is required.

Statute of limitations

Asbestos can have a number of negative health effects. The most frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions is fatal. Asbestos-related victims with an illness that is diagnosed are typically owed compensation. The statute of limitations, also known as the time limit within which a person can make a claim, can differ. It's important to speak with an experienced asbestos lawyer before the statute of limitations runs out.

In general, the statute of limitations "clock" runs at the point when a plaintiff knew or should have known that their injury was due to asbestos exposure. Most people discover when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, a person develops an additional asbestos-related disease years after acquiring asbestosis or a different disease. In these instances even though the deadline for filing a claim against asbestosis has passed and the statute of limitations for the condition that was not previously treated will start to expire.

A number of companies operating in the asbestos industry declared bankruptcy because of the massive liability they faced as a result of their reckless business practices. As a result, companies were forced to create trust funds to pay future claims to asbestos victims. These funds have a limit on the number of asbestos victims who are eligible for compensation.

The time limit for an asbestos case will differ by state, but generally there is the limitation of two to three years from the time of diagnosis. The timeline may also be impacted by factors such as how long a person was exposed to asbestos attorney, if they shifted between states and what kind of work they performed.

Depending on the circumstances of a specific situation An asbestos lawyer may sometimes extend the time limit for filing a claim. This is referred to as a statute-of-repose. It allows those who are seeking to file an asbestos lawsuit (go source) after the statutory deadline has expired. In certain situations, an extension may be required if the victim hasn't been able to obtain important evidence of their exposure to asbestos.

Discovery Phase

During the discovery phase, both teams will present any evidence they have. Photographs, documents and historical documents can be used to demonstrate that the defendants were exposed asbestos and are responsible for your mesothelioma. This information can be shared between the two teams and can aid your attorney in determining whether there is enough common ground to reach a settlement. However, if there isn't enough agreement, the case could be brought to trial, in which both sides present their case to a judge or jury.

The process of bringing asbestos lawsuits can be complicated and long-winded, as it takes decades between exposure and diagnosis of mesothelioma, or another asbestos-related disease. Each case is unique, but most follow the same basic legal procedures. A mesothelioma attorney can help you and your family navigate the complex legal system. They will work with a group of legal professionals, such as paralegals, investigators and lawyers and medical experts.

Mesothelioma, a form of cancer is a disease that affects the linings and tissues of internal organs like the lungs, the heart, and abdomen. The cancer is caused by asbestos exposure which was extensively used in the United States after World War II. Mesothelioma is often caused due to exposure to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits typically include class action lawsuits.

Asbestos litigation is complicated because it requires victims to prove that their injuries are the result of asbestos exposure and that the companies were negligent in exposed them. Finding a mesothelioma lawyer who is able to handle asbestos-related claims is the first step. An experienced mesothelioma lawyer can examine your exposure history and identify the companies that are responsible for your illness. They can also assist you in filing a lawsuit against the defendants.

Compensation for mesothelioma varies depending on the specific case. However, the majority of victims are compensated for medical bills as well as lost wages and a the possibility of a future prognosis, as as emotional suffering, pain and distress, and their emotional suffering. Damages for wrongful death can also be included in compensation. In a no-cost and absolutely no-obligation evaluation of your case, a mesothelioma lawyer will discuss the details.

Settlements

Asbestos exposure can cause various illnesses, including mesothelioma. Legal representation is required by individuals who have been diagnosed as mesothelioma victims to pursue justice against the parties responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their loved ones.

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

During the discovery phase of asbestos class action lawsuit each side gathers facts and documents to support their assertions. It could take several months for the two sides to locate documents and interview witness. This information will be used by mesothelioma lawyers to determine the most suitable amount of compensation for their clients. They can also look at the victim's work and military history to determine the time that asbestos was exposed. They may also speak with former employees to find more evidence that asbestos companies are responsible for the victims' damages.

It must be determined, before a mesothelioma lawsuit is filed that there are enough similarities in the individual cases to make it impossible or difficult to bring separate lawsuits. This was particularly prevalent in the early days of asbestos litigation, before mesothelioma had been definitively associated with exposure to asbestos-containing materials.

Asbestos sufferers must be prepared to negotiate for the most favorable settlement amount, since companies who expose victims often settle claims quickly to save money. Sadly, some victims have accepted settlements that are much less than the actual worth of their mesothelioma lawsuit. Mesothelioma attorneys can negotiate with multiple asbestos companies to ensure that their clients get fair settlements.

Trial

Once the legal process starts, victims and their attorneys begin collecting evidence to support their case. It can take a few months for both sides to review documents and talk to witnesses. The evidence will assist an attorney determine which companies are responsible for compensating the victim. In this time, lawyers can also request records of asbestos trust funds which are established for the reimbursement of medical bills and expenses incurred by those suffering from mesothelioma.

Asbestos lawsuits have resulted in multi-million dollar verdicts and settlements for victims across the country. However the fact that many companies who once used asbestos continue to try to avoid responsibility for the impact their products have had on people's lives. One way to do this is to declare bankruptcy.

The courts were not content to allow companies to completely escape their obligations. The courts ruled that the companies set up asbestos trust funds to store money to cover current and future claims. Asbestos trust funds currently have assets worth more than $30 billion.

Despite the amount of money available, asbestos attorney companies continue to fight victims and their lawyers in court. They have tried to cast the asbestos companies as villains instead of admitting that they are responsible for exposure of workers to asbestos and causing their illnesses. This is why it's so important for victims to choose a law firm that has years of experience fighting on behalf of the victims of asbestos exposure.

Levy Konigsberg has been a leader of the fight against asbestos since more than 30 years. We represent mesothelioma patients and their families across the United States. We have extensive knowledge of the companies that manufactured and sold asbestos-containing products and we are able to research their records and gather evidence to create strong arguments for our clients.

If you have been diagnosed with mesothelioma, contact a mesothelioma attorney to get a free consultation. We can assist you in getting the compensation you deserve. Contact us on our website or phone number 866-454-829. We would love to hear from you.