The Process of Asbestos Class Action Litigation

Consult an asbestos lawyer as soon after a diagnosis of mesothelioma as possible. They can offer guidance throughout the entire process including filing an asbestos lawsuit.

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

Statute of Limitations

Asbestos exposure may have numerous negative consequences on the health of affected individuals. The most frequently reported symptoms of asbestosis, mesothelioma and lung cancer are listed below. Each of these conditions could be fatal. Asbestos-related diseases are usually compensated for. The statute of limitations, also known as the time period within which a person can file a lawsuit, can vary. It is essential to consult with an asbestos litigation cases attorney before the statute runs out.

In general, a plaintiff's "clock" begins to run when they are aware or have been aware that their injuries were due to asbestos exposure. For the majority of people, this is when they are diagnosed with mesothelioma or other asbestos-related illness. Sometimes, people develop an additional asbestos-related illness 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 begin to expire.

A number of companies in the asbestos industry declared themselves bankrupt 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 victim. These funds have a limit on the number of victims who are eligible for compensation.

The time limit for asbestos cases varies between states, however, in the majority of states, the limitation is between two and three years after the diagnosis. The timeline can be affected by other factors such as how long an individual was exposed to asbestos and whether they moved from one state to another.

An asbestos lawyer can sometimes extend the statute of limitations depending on the specific circumstances of the case. This is known as a statute-of-repose. It allows plaintiffs to file a asbestos lawsuit after the statutory deadline has expired. In some instances it is required if the victim hasn't been able to obtain important evidence of their exposure to asbestos.

Discovery Phase

In the discovery phase, each team will present the evidence they have. This includes documents, photographs and historical records to show that the defendants were exposed to asbestos exposure litigation and that they are responsible for mesothelioma. This information can be shared with the other team and can aid your lawyer in determining if there is enough common ground to reach a settlement. If, however, there isn't enough agreement, the lawsuit may be brought to trial, where both sides present their case to the jury or judge.

The legal process for asbestos lawsuits can be complicated and long-winded, as it can take decades between exposure and diagnosis of mesothelioma or an asbestos-related disease. Each case is unique, however most follow the same basic legal steps. An experienced mesothelioma attorney will help you and your family in understanding the complex legal system. They will work with a team of legal professionals that includes lawyers, paralegals investigators, medical experts and investigators.

Mesothelioma is a kind 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. Patients who develop mesothelioma typically are exposed to a variety of asbestos products. Asbestos exposure is so widespread that mesothelioma suits often involve class actions.

Asbestos litigation can be complex, as victims must prove that their injuries are a result of exposure to latest asbestos litigation and that companies exposed them negligently. Finding a mesothelioma lawyer who is qualified to handle asbestos-related claims is the first step. A mesothelioma attorney can review your exposure history and determine which companies are responsible for your condition. They can also help you file a lawsuit against the appropriate defendants.

The amount of compensation for mesothelioma is contingent on the specific case. However, the majority of victims are compensated for their medical bills as well as lost wages and a future prognosis, as well with emotional distress, pain and suffering and Asbestos Class Action Litigation emotional distress. Wrongful death damages can also be included in compensation. A mesothelioma attorney will discuss the specifics of your case during a free consultation, without obligation.

Settlements

Many who worked with asbestos were exposed to the substance for a long time, and this exposure could have caused several types of illnesses, including mesothelioma. Legal representation is required by those who have been identified as mesothelioma victims to pursue justice against the parties responsible for their injuries. The asbestos companies are responsible 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 dangerous substance at their workplaces or military bases, homes, and even due to 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 need to know the value of their case really is worth.

During the discovery phase of asbestos class action lawsuit both sides collect facts and documents to support their assertions. It can take several months for the two teams to locate documents and speak with witnesses. Mesothelioma lawyers will utilize this information to determine the best mesothelioma compensation amount for their clients. They can also look at the victim's work and military background to determine the period in which asbestos was exposed. They can also speak to former employees to get more evidence that asbestos-related companies are responsible for the damages suffered by victims.

It must be established before a mesothelioma lawsuit can be filed, that there are enough similarities in the individual cases to make it unpractical or burdensome to bring separate lawsuits. This was particularly common in the beginning of asbestos litigation prior to the time mesothelioma was definitively linked to exposure to asbestos-containing products.

Asbestos victims should be prepared to negotiate the best possible settlement amount, as companies that expose victims often attempt to settle claims quickly in order to save money on their legal costs. Unfortunately, some victims have accepted quick offers that are far lower than the true value of their mesothelioma claim. Mesothelioma lawyers can negotiate with asbestos companies to ensure that their clients get fair settlements.

Trial

As soon as the legal process starts, victims and their lawyers begin to collect evidence for the case. It can take several months for both sides to review documents and speak with witnesses. The evidence will assist an attorney decide which companies should be compensated to the victim. During this period, the lawyers may also request records of asbestos trust funds that are set up for the payment of medical bills as well as expenses incurred by those suffering from mesothelioma.

Asbestos-related lawsuits have led to settlements and verdicts of millions of dollars for victims across the United States. However, companies who have used asbestos in the past continue to attempt to avoid accountability for the effects of their products on human lives. One way to avoid accountability is by declaring bankruptcy.

The courts were not content to let companies completely escape responsibility. The courts ordered that the companies set up asbestos trust funds to hold money to cover current and future claims. Asbestos trust funds have assets of more than $30 billion.

Despite the amount of money available asbestos companies have continued to fight victims and their lawyers specializes in asbestos litigation court. They have tried to cast them as villains rather than accept the responsibility of exposure of workers to asbestos and causing their illness. This is why it is important for victims to choose a law firm with years of experience fighting on behalf of those affected by asbestos exposure.

Levy Konigsberg has been at the forefront of the fight against asbestos since over 30 years. We represent mesothelioma sufferers and their families across the United States. We have a deep understanding of the businesses that made and sold asbestos-containing product, and we know how to gather evidence and investigate their records to construct strong cases on behalf of our clients.

If you have been diagnosed with mesothelioma, contact a mesothelioma attorney for a free legal consultation. We can assist you in obtaining the compensation you deserve. Contact us through our website or by calling 866-454-8529. We are looking forward to hearing from you.