The Process of Asbestos Class Action Litigation

Patients diagnosed with mesothelioma should seek out an experienced asbestos lawyer as soon as they can. These attorneys can provide guidance through the entire process, including filing a asbestos lawsuit.

Mesothelioma lawyers recognize 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 exposure can have a variety of negative impacts on the health of affected individuals. The most common symptoms of mesothelioma, Asbestos Class Action Litigation asbestosis, and lung cancer are listed below. Each of these conditions can be fatal. Asbestos-related victims with an illness that has been diagnosed are usually owed compensation. The statute of limitations, or the time period within which a victim may file a lawsuit, can vary. It's important to speak with an experienced asbestos lawyer prior to the statute of limitations runs out.

In general the plaintiff's "clock" runs when they are aware or have been aware that their injury was due to asbestos exposure. For the majority of people, this will be when they are diagnosed with a mesothelioma, or any other asbestos-related illness. Sometimes, a person develops an additional asbestos-related illness years after the onset of asbestosis or another disease. In these cases the statute of limitation for that additional condition will start to run on its own, even if it is later than the deadline to file an asbestosis lawsuit.

Many companies in the asbestos industry declared bankruptcy due to the huge liabilities they were facing as a result of their reckless business practices. The companies were forced to establish trust funds to pay future claims to asbestos victims. However they are also limited in the number of victims that can be compensated for their injuries.

The statute of limitation for asbestos cases varies between states, but in most states the timeframe is two to three years after the diagnosis. The time frame can be affected by factors like the length of time that a person has been exposed to asbestos, whether they shifted between states and the type of work they did.

Depending on the circumstances of a specific case, an asbestos lawyer can sometimes extend the time limit for filing a claim. This is referred to as a statute of repose and it allows claimants to bring an asbestos lawsuit even after the statute of limitations is reached. In some instances the claimant may require an extension if they've not been able obtain important documentation that proves asbestos exposure.

Discovery Phase

In the discovery phase during the discovery phase, both teams will present any evidence they have. This can include photographs, documents and historical records that prove the defendants were exposed to asbestos and that they are responsible for mesothelioma. This information can be shared between the two teams and could help your attorney determine whether there is enough common ground to negotiate a settlement. If there isn't a deal or agreement, the case could be brought to trial where both sides will present their cases to a jury or judge.

Asbestos lawsuits can be complex and lengthy, as it can take a long time to determine mesothelioma or other asbestos-related diseases. Each case is unique, however most follow the same legal procedure. An experienced mesothelioma attorney can assist you and your family with dealing with 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 type of cancer that affects the lining of internal organs such as the lungs, heart and abdomen. It is caused by exposure to asbestos, which was extensively used in the United States during World War II and the postwar boom in construction. Mesothelioma is usually caused by exposure to multiple asbestos products. Asbestos exposure is so widespread that mesothelioma cases often involve class actions.

Asbestos litigation can be a bit complicated since the victims have to prove that their injuries are a result of asbestos exposure, and that the companies exposed them in a negligent manner. Finding a mesothelioma attorney who is competent to handle asbestos-related claims is the first step. An experienced mesothelioma lawyer will analyze your exposure history and identify the businesses responsible for your condition. They can also assist you to file a lawsuit against the appropriate defendants.

Compensation for mesothelioma varies depending on the particular case. However, most victims are compensated for medical bills as well as lost wages, and future prognosis, Asbestos Class Action Litigation as well in emotional suffering, pain and distress, and their emotional suffering. Compensation may also cover wrongful death damages. A mesothelioma attorney will discuss the specifics of your case during a free consultation, without obligation.

Settlements

Asbestos exposure can cause many illnesses, including mesothelioma. People who have been diagnosed with mesothelioma need experienced legal representation to seek justice against the businesses responsible for their injuries. The asbestos companies are accountable for their negligence and must compensate the victims and their families.

Mesothelioma suits can be filed by victims who have been exposed to asbestos at work, in their homes or military bases, or even at home. The victims are entitled to compensation for medical expenses and lost wages (if they were unable to work) and suffering. Before accepting a settlement, asbestos litigation paralegal victims and their families need to know what their case really is worth.

During the discovery stage of a class-action asbestos lawsuit, both parties collect evidence and documents to prove their claims. It can take several months or longer as the two teams search for documents and speak with witnesses. The information gathered will be used by mesothelioma attorneys to determine the most suitable compensation amount for their clients. They can also look at the victim's military history to determine the that asbestos was exposed. They may also speak to former employees to obtain more proof that asbestos companies are responsible for the victims' damages.

In order for mesothelioma-related class action lawsuits to move forward, it must be determined that there are enough commonalities between the individual cases that it is not feasible or costly for them to make separate lawsuits. This was particularly prevalent in the beginning of asbestos litigation, prior to the time that mesothelioma was definitively linked to exposure to asbestos-containing materials.

Asbestos patients must be prepared to negotiate the highest possible settlement amount, since those who expose victims often try to settle claims quickly to save money on legal costs. Unfortunately, some victims accepted settlements that were far less than the true value of their mesothelioma claim. Mesothelioma attorneys can negotiate with a variety of asbestos companies to ensure that their clients receive fair settlements.

Trial

When the legal process begins, victims and their lawyers begin to collect evidence to support their case. This can take months as both sides review documents and speak with witnesses. The evidence will assist an attorney determine which companies should be compensated to the victim. In this time, lawyers may also request records of asbestos defense litigation trust funds that are set up for the payment of medical bills and expenses incurred by patients suffering from mesothelioma.

Asbestos-related lawsuits have led to settlements and verdicts of millions of dollars for victims across the nation. Despite this, companies who have used asbestos in the past continue to attempt and avoid responsibility for the impact of their products on people's life. One method to avoid this is to declare bankruptcy.

However, courts were not willing to let the companies avoid responsibility completely. The courts ordered that companies set up asbestos trust funds in order to keep money in reserve to pay for future and present claims. asbestos exposure litigation trust funds are now amassed more than $30 billion of assets.

Despite the money available, asbestos companies continue to defend victims and their lawyers in court. They have tried to portray them as villains rather than accept the responsibility of the exposure of workers to asbestos, and causing their illness. This is why it is crucial for victims to work with an attorney firm with years of experience specializes in asbestos litigation defending the rights of the victims of asbestos 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 are knowledgeable of the companies that produced and sold asbestos-containing product, and we know what to do to gather evidence and investigate their records to create solid cases for our clients.

If you have been diagnosed with mesothelioma, contact a mesothelioma attorney for a no-cost consultation. We can help you get the compensation you deserve. Contact us at 866-454-829 or contact our website. We look forward hearing from you.