The Process of Asbestos Class Action Litigation

Anyone diagnosed with mesothelioma must consult a knowledgeable asbestos lawyer as soon as possible. These attorneys can guide you through the entire process of filing an asbestos suit.

Mesothelioma attorneys understand that class action litigation differs from traditional personal injury lawsuits. The lawsuits must meet strict legal requirements and a thorough investigation will be required.

Statute of limitations

Asbestos can have many negative effects on health. The most frequently reported symptoms are mesothelioma, lung cancer and asbestosis. Each of these conditions could be fatal. Asbestos-related illnesses are often compensated for. However, the statute of limitations-the period of time within which a person is able to file a lawsuit-can differ. It is important to consult an experienced asbestos lawyer before the statute of limitations runs out.

In general the statute of limitations "clock" starts to run at the point that a plaintiff realized or should have realized that their injury was caused by asbestos exposure. Most people will find out when they are diagnosed mesothelioma, or some other asbestos-related disease. Sometimes, a person may suffer from an additional asbestos-related illness years after they first diagnosed with an asbestosis or another disease. In these cases even if the deadline for filing a lawsuit against asbestosis has been met and the statute of limitations for the additional condition will start to run.

Several companies involved in asbestos industries filed for bankruptcy due to the massive liability they faced for their sloppy business practices. As a result, the companies were forced to set up trust funds to pay future claims to asbestos victims. However the funds are restricted in the number of victims that can be compensated for their injuries.

The time limit for asbestos cases varies from state to state, but in most states the limit is two to three years after diagnosis. The timeline can also be affected by factors such as how long the person was exposed to asbestos, and whether they moved from one state to another.

Depending on the circumstances of a particular case, an asbestos lawyer can extend the time limit for filing a claim. This is called a statute of repose, and allows those who are seeking to bring an asbestos suit even after the statute of limitations is reached. In some cases it is possible for a claimant to need an extension if they've not been able obtain important evidence of asbestos litigation defense exposure.

Discovery Phase

In the discovery phase, both teams will present any evidence they have. This includes documents, Asbestos Class Action Litigation photographs and historical records to show that the defendants were exposed asbestos and are responsible for mesothelioma. This information can be shared with the other team and can help your lawyer determine if there is enough common ground to reach an agreement. If there is no agreement, then the case may be brought to trial, where both sides will be able to present their case to a jury or judge.

Asbestos-related lawsuits are complicated and lengthy, since it can take years to determine mesothelioma or other asbestos-related diseases. Each case is different, but the majority follow the same legal procedures. A mesothelioma attorney can help you and your family navigate the complicated legal system. They will work with an entire team of legal professionals including paralegals, lawyers investigators, medical experts and investigators.

Mesothelioma is a form of cancer, affects the tissues of internal organs like the lungs, the heart, as well as the abdomen. The cancer is caused by asbestos exposure which was extensively used in the United States after World War II. People who develop mesothelioma often are exposed to multiple asbestos defense litigation-related products. Because asbestos exposure is widespread, mesothelioma lawsuits often involve claims for class action.

Asbestos litigation is complicated because it requires victims to prove their injuries are the result of asbestos exposure, and that the company were negligent in exposing them. Finding a mesothelioma lawyer that is competent to handle asbestos claims is the first step. An attorney for mesothelioma can analyze your history of exposure and determine which companies are accountable for your illness. They can also assist you in filing a lawsuit against the defendants.

The compensation for mesothelioma differs based on the particular case. However, the majority of victims are compensated for medical bills as well as lost wages, and future prognosis, as well as emotional suffering, pain and distress, and their emotional distress. Compensation may also cover the costs of wrongful death. A mesothelioma lawyer will discuss the specifics of your case during a free consultation, without obligation.

Settlements

asbestos exposure litigation exposure can trigger a variety of illnesses including mesothelioma. Legal representation is essential for people who have been diagnosed as mesothelioma victims to pursue justice against those who are responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their loved ones.

Mesothelioma lawsuits are filed by those who were exposed to asbestos in their workplaces, homes and military bases or even at home. The victims are entitled to reimbursement for medical expenses and lost wages (if they were unable work) and suffering and pain. Before settling a case, asbestos victims and their families need to know what their case is worth.

During the discovery phase of an asbestos class action lawsuit, both sides gather facts and documents to support their claims. It can take several months or longer as the two teams search for documents and interview witnesses. The information gathered will be used by mesothelioma attorneys to determine the best compensation amount for their clients. They might look at the victim's work and military history to determine when the client was exposed to asbestos, as well as talk to former employees who can provide additional evidence that asbestos companies are liable for the damages suffered by victims.

To allow mesothelioma class action lawsuits to move forward, it must be determined that there are enough similarities between the individual cases that it would be inefficient or burdensome for them to make separate lawsuits. This was especially common in the beginning of asbestos litigation before mesothelioma was definitively linked to exposure to asbestos-containing substances.

Asbestos patients should be ready to negotiate for the highest settlement amount, as companies that expose victims usually settle claims quickly to save money. Unfortunately, some victims accepted settlements that were far less than the true value of their mesothelioma claim. Mesothelioma lawyers are able to negotiate with several asbestos companies to ensure that their clients get fair settlements.

Trial

Once the legal process begins the victims and their attorneys begin to collect evidence to support the case. This can take months as both sides review documents and interview witnesses. The information gathered will help a lawyer decide which companies are accountable to pay the victim. During this period, the lawyers can also request records of asbestos trust funds which are established for the payment of medical bills as well as expenses incurred by victims with mesothelioma.

Asbestos-related lawsuits have led to settlements and verdicts of millions of dollars for victims across the United States. Despite this however, a lot of companies that employed asbestos are still trying to avoid responsibility for their products' impact on people's lives. One way to do this is to declare bankruptcy.

However, courts weren't willing to allow companies to escape responsibility entirely. The courts ordered that companies establish asbestos trust funds to keep money specializes in asbestos litigation reserve to cover current and future claims. Asbestos trust funds are now amassed more than $30 billion in assets.

Despite the amount of money available asbestos companies continue to fight victims and their lawyers in court. They have tried to cast them as villains rather than admitting that they are responsible for exposing workers to asbestos and causing their illnesses. This is why it is crucial for victims to work with a law firm that has years of experience fighting on behalf of those affected by asbestos litigation cases exposure.

Levy Konigsberg LLP has been an innovator in the fight against asbestos for more than 30 years. We represent patients with mesothelioma and their families across the United States. We have extensive knowledge of the companies that manufactured and sold asbestos-containing products and we know how to look into their records and gather evidence to build strong cases for our clients.

If you've been diagnosed with mesothelioma, get in touch with a mesothelioma attorney to arrange for a free legal consultation. We can help you get the compensation you deserve. Contact us via our website or by calling 866-454-8529. We would love to hear from you.