The Process of Asbestos Class Action Litigation
Contact an asbestos lawyer as soon after the diagnosis of mesothelioma as possible. They can offer guidance throughout the entire process including filing an asbestos lawsuit.
Mesothelioma attorneys understand that class action litigation differs from traditional personal injury lawsuits. The lawsuits must be in compliance with strict legal requirements and an exhaustive investigation is required.
Statute of limitations
Asbestos exposure can cause numerous negative effects on the health of affected individuals. The most common symptoms of mesothelioma, asbestosis, and lung cancer are listed below. Each of these conditions can be fatal. Asbestos-related victims with a diagnosed illness are often entitled to compensation. The statute of limitations, or time limit within which a victim may make a claim, can vary. It's important to speak with an experienced asbestos lawyer prior to the statute of limitations expires.
In the majority of cases, a plaintiff's "clock" starts to run when they know or should have been aware that their injuries were caused by exposure to asbestos. Most people discover when they are diagnosed mesothelioma, or some other asbestos-related disease. Occasionally, a person will develop an additional asbestos-related condition several years after the first time they developed an asbestosis or other disease. In these cases the statute of limitations for that additional condition will start to run on its own regardless of whether it occurs later than the deadline to file an asbestosis lawsuit.
A number of companies operating in the asbestos industry declared themselves bankrupt due to the huge liabilities they were facing as a result of their reckless business practices. The companies were forced to create trust funds to pay future claims to asbestos victim. The trust funds have a limit on the number of victims who can be compensated.
The time limit for asbestos cases will vary from state to state, however, in the majority of states, the timeframe is two to three years after the diagnosis. The timeline can be affected by a variety of factors like the length of time someone was exposed to asbestos and whether they relocated from one state to another.
An asbestos lawyer can sometimes extend the statutes of limitations depending on the specific circumstances of the case. This is called a statute of repose and it allows plaintiffs to file an asbestos lawsuit even after the statute of limitations has passed. In some cases the claimant may require an extension if they haven't been able to get important documentation that proves asbestos exposure.
Discovery Phase
During the discovery stage during the discovery phase, both teams will present any evidence they have. Documents, photographs and historical records can be used to prove that the defendants were exposed asbestos and responsible for the mesothelioma you suffer. This information can be shared between the two teams and can aid your attorney in determining whether there is sufficient agreement to reach a settlement. If there is who asbestos litigation guidance and the case is not settled, it could be taken to trial, where both sides will present their cases before a judge or jury.
Asbestos-related lawsuits are complicated and long-winded, as it can take a long time to identify mesothelioma and other asbestos-related diseases. Each case is different however the fundamental legal procedure is the same. A mesothelioma lawyer can help you and your family navigate the complex legal system. They will work with a team of legal professionals, including paralegals, lawyers, investigators and medical experts.
Mesothelioma, a form of cancer that 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 widely used in the United States after World War II. Patients who develop mesothelioma typically are exposed to a variety of asbestos-related products. Because asbestos exposure is so widespread, mesothelioma lawsuits often involve class action claims.
Asbestos litigation can be complex, as victims must prove that their injuries were a result of asbestos exposure, and that the company exposed them in a negligent manner. The most crucial step in a claim for asbestos damages is to find a competent mesothelioma law firm. An experienced mesothelioma lawyer will examine your history of exposure and determine the companies that are responsible for your illness. They can assist you in filing a lawsuit against the defendants.
The compensation for mesothelioma differs based on the particular case. However, most victims receive compensation for past and present medical bills as well as lost wages, and future prognosis, as well with emotional suffering, pain and distress, and their emotional distress. Compensation may also include wrongful death damages. In a no-cost and free review of your case, a mesothelioma lawyer will go over the specifics.
Settlements
Asbestos exposure can trigger a variety of illnesses including mesothelioma. Legal representation is required by individuals who have been diagnosed as mesothelioma patients to seek 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 families.
Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the toxic substance at their workplaces, military bases or homes, and even as a result of secondhand asbestos exposure. These individuals are entitled to compensation for medical expenses and lost wages (if they were unable to work) as well as pain and suffering. Before settling, asbestos victims and their families need to know the value of their case is worth.
During the discovery phase of asbestos class action lawsuits both sides collect facts and documents to support their assertions. This can take a few months or more, as the two teams search for documents and speak with witnesses. Mesothelioma lawyers will utilize this information to determine the best mesothelioma compensation amount for their clients. They may examine the victim's job and military background to determine the period in which asbestos was exposed. They may also speak to former employees to get more evidence that asbestos-related companies are responsible for the damage suffered by victims.
It must be established before a mesothelioma lawsuit is filed that there are sufficient similarities between the cases to make it impossible or difficult to make separate lawsuits. This was especially common in the early days of asbestos litigation before mesothelioma was definitively linked to exposure to asbestos-containing products.
Asbestos patients should be ready to negotiate for the highest settlement amount, as businesses that expose victims usually settle claims quickly in order to save money. Sadly, some victims have taken advantage of settlements that are much less than the true worth of their mesothelioma lawsuit. Mesothelioma lawyers can negotiate with asbestos companies to ensure that their clients receive fair settlements.
Trial
Once the legal process begins the victims and their lawyers begin collecting evidence to support the case. It could take months as both sides review documents and interview witnesses. The evidence collected will help a lawyer decide which companies are responsible to compensate the victim. During this time, the lawyers can also request documents from asbestos trust funds, which are set up to help victims pay their medical expenses and other expenses connected to their mesothelioma diagnose.
Asbestos lawsuits have led to settlements and verdicts in the millions for victims across the United States. Despite this, many companies that once used asbestos are now trying to avoid responsibility for the effects their products had on the lives of people. The option of declaring bankruptcy is one way to achieve this.
The courts were not content to let companies completely escape obligation to pay. As a result, the courts ordered that they set up asbestos trust funds that would hold money for present and future claims. Asbestos trust funds are now amassed over $30 billion in assets.
Despite the amount of money available, asbestos companies have continued to fight victims and their lawyers in court. They have tried portraying them as villains, instead of admitting that they are responsible for exposing asbestos workers and causing ailments. This is why it is so crucial for victims to partner with an attorney 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 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 examine their records to construct strong cases on behalf of our clients.
Contact a mesothelioma lawyer for a free consultation in case you've been diagnosed with mesothelioma. We can assist you in getting the compensation you deserve. Contact us on our website or phone number 866-454-829. We look forward hearing from you.