The Process of Asbestos Class Action Litigation

Consult an asbestos lawyer immediately following a diagnosis of mesothelioma is possible. They can offer guidance through the entire process, including filing an asbestos lawsuit.

Mesothelioma lawyers are aware that class action litigation is different from the traditional personal injury lawsuits. The lawsuits must be in compliance with strict legal requirements and an exhaustive investigation is required.

Statute of limitations

Asbestos has a variety of negative effects on health. The most common symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these diseases can be fatal. Asbestos-related illnesses are often compensated for. However the statute of limitations, which is the time period within which an individual can file a lawsuit - may differ. It's important to speak with an experienced asbestos lawyer prior to the statute of limitations expires.

In general the statute of limitations "clock" begins to run at the point that the plaintiff was aware or should have realized that their injury was due to asbestos exposure. For most people, this is when they are diagnosed with mesothelioma, or any other asbestos-related illness. Sometimes, an individual develops an additional asbestos-related disease years after acquiring asbestosis or a different disease. In these cases even though the deadline for filing a claim against asbestosis has been met and the statute of limitations for the condition that was not previously treated will begin to expire.

A number of companies in asbestos-related industries declared bankruptcy because of the huge liability they incurred for their sloppy business practices. As a result, companies were forced to set up trust funds that are intended to pay future claims to asbestos victims. The trust funds have a limit on the number of victims who can be compensated.

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

An asbestos lawyer may sometimes extend the statute of limitations according to the specific circumstances of the case. This is known as a statute of repose and permits those who are seeking to file an asbestos lawsuit after the statutory deadline has expired. In some cases the claimant may require an extension if they've not been able to get important evidence of asbestos exposure.

Discovery Phase

In the discovery phase the teams will present any evidence they have. This can include photographs, documents and historical records to show that the defendants were exposed to asbestos and are at fault for your mesothelioma. This information can be shared with the other team and could aid your lawyer in determining if there is enough common ground to reach an agreement. If there isn't a deal, then the case may be brought to trial where both sides will present their arguments to a jury or judge.

Asbestos lawsuits are complex and lengthy, as it can take a long time to diagnose mesothelioma and other asbestos-related diseases. Each case is unique, but the basic legal procedure is the same. A mesothelioma lawyer can assist you and your family navigate the complex legal system. They will work with a team of legal professionals, including lawyers, paralegals, investigators and medical experts.

Mesothelioma is a form of cancer, affects the tissues of internal organs like the lungs, the heart, and the 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. Because asbestos exposure is so widespread, mesothelioma lawsuits often involve class action claims.

Asbestos litigation can be complicated as it requires victims to prove their injuries result from asbestos exposure and that companies were negligent in exposed them. Finding a mesothelioma lawyer that is qualified to handle asbestos claims is the first step. An attorney for mesothelioma can analyze your exposure history and identify the companies that are responsible for your illness. They can help you file an action against the defendants.

The compensation for mesothelioma differs based on the particular case. However, the majority of victims receive compensation for their medical bills as well as lost wages and a the future prognosis as well with emotional distress, pain and suffering, and their emotional anxiety. Compensation can also include wrongful death damages. A mesothelioma lawyer will go over the specifics of your case during a free consultation, without obligation.

Settlements

Many workers who worked with asbestos were exposed to the substance for decades, and this exposure may have led to different types of illness, including mesothelioma. Individuals who have been diagnosed with mesothelioma should seek legal counsel to pursue justice against the companies responsible for their injuries. The asbestos companies are accountable for their negligence, and they must compensate victims and their families.

Mesothelioma lawsuits are filed by those who have been exposed to asbestos in their homes, workplaces and military bases or even at home. These individuals are entitled to compensation for Asbestos Class Action Litigation medical expenses as well as lost wages (if they were unable to work) as well as suffering. Before settling a case, asbestos victims and their families must to know how much their case really is worth.

During the discovery phase of an asbestos class action lawsuit each side gathers facts and documents to support their claims. This can take a few months or longer as the two teams search for documents and speak with witnesses. Mesothelioma lawyers use this information to determine the best mesothelioma compensation amounts for their clients. They can also look at the victim's work and military history to determine the that asbestos was exposed. They can also talk to former employees to get more evidence that asbestos-related companies are responsible for the damage suffered by victims.

To permit mesothelioma class action lawsuits to move forward it must be decided that there are enough similarities between the individual cases that it is not feasible or difficult for them all to file separate lawsuits. This was especially prevalent in the beginning of asbestos litigation before mesothelioma was conclusively tied to exposure to asbestos-containing products.

Asbestos patients should be prepared to negotiate the best settlement amount, as businesses that expose victims usually settle claims quickly to save money. Some victims were able to accept settlements that were far less than the actual value of their mesothelioma claims. Mesothelioma attorneys are able to negotiate with several asbestos companies to ensure their clients get fair settlements.

Trial

Once the legal process has begun the attorneys and Asbestos Class Action Litigation victims begin collecting evidence for the case. This can take months when both sides go through documents and talk to witnesses. The evidence collected will assist a lawyer in determining which companies are responsible to pay the victim. During this time, lawyers can also request records of asbestos trust funds which are established for the payment of medical bills as well as expenses incurred by patients suffering from mesothelioma.

Asbestos lawsuits across the country have led to multi-million dollar settlements and verdicts. However, many companies that once employed asbestos are still trying to avoid responsibility for their products' impact on the lives of individuals. Insolvency is one method to accomplish this.

However, courts weren't willing to let companies avoid responsibility completely. The courts ruled that the companies set up asbestos trust funds in order to hold money to cover current and future claims. Asbestos trust funds have amassed more than $30 billion of assets.

Despite the amount of money available, asbestos companies continue to defend victims and their lawyers in court. They have tried to cast the asbestos companies as villains instead of admitting that they are responsible for exposing workers to asbestos and causing their illness. It is important that victims partner with a company which has been fighting for asbestos victims for a number of years.

Levy Konigsberg LLP has been a leader in the fight against asbestos for over 30 years. We represent mesothelioma patients and their families across the United States. We are knowledgeable of the companies that produced and sold asbestos-containing product, and we know how to gather evidence and investigate their records to create strong cases on behalf of our clients.

Contact a mesothelioma lawyer for a free consultation when you've been diagnosed with mesothelioma. We can assist you in obtaining the compensation you deserve. Contact us through our website or phone number 866-454-829. We are looking forward to hearing from you.