The Process of Asbestos Class Action Litigation

Get an asbestos lawyer on the case as soon after a mesothelioma diagnosis as is possible. They can offer guidance throughout the entire process including submitting an asbestos lawsuit.

Mesothelioma lawyers understand that class action litigation is different from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements, and an extensive investigation is required.

Statute of Limitations

Asbestos can have a number of negative effects on health. The most frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions can be fatal. Asbestos sufferers with an illness that has been diagnosed are usually entitled to compensation. However, the statute of limitations-the time frame within which a victim can file a lawsuit-can vary. It's important to speak with an experienced asbestos lawyer before the statute of limitations runs out.

In general the statute of limitations "clock" begins to run at the point when a plaintiff realized or should have known their injury was due to asbestos exposure. For most people, this is when they are diagnosed with a mesothelioma or another asbestos-related disease. Sometimes, people develop an additional asbestos lawyers-related condition years after they first developed an asbestosis or other disease. In these instances, the statute of limitations for that additional condition will begin to run on its own even if it's later than the deadline to file an asbestosis lawsuit.

Several companies involved in asbestos-related industries declared bankruptcy because of the enormous liability they faced for their reckless business practices. The companies were forced to create trust funds to settle future claims for asbestos victims. However the funds are limited in the number of asbestos victims who will be compensated for their injuries.

The statute of limitations for asbestos cases is different for each state, but generally there is an expiration date of between two and three years from the date of diagnosis. The timeframe can also be impacted by factors like the length of time a person was exposed to asbestos, whether they shifted between states and what type of work they carried out.

An asbestos attorney lawyer can sometimes extend the statutes of limitations in accordance with the particular circumstances of the case. This is referred to as a statute of repose and allows plaintiffs to file an asbestos suit even after the statutory limit has expired. In some instances it is necessary if the injured party hasn't been able to obtain important documents that prove their asbestos exposure.

Discovery Phase

During the discovery phase, both teams will present any evidence they have. Photographs, documents and historical records can be used to demonstrate that the defendants were exposed to asbestos and liable for the mesothelioma you suffer. This information can be shared between the two teams and could help your attorney determine whether there is sufficient agreement to reach a settlement. If there is not sufficient agreement, the lawsuit may be heard in court, in which both sides present their arguments to the jury or judge.

The legal process for asbestos lawsuits can be complicated and long-winded, as it can take years between exposure and diagnosis of mesothelioma, or another asbestos-related disease. Each case is unique, however most follow the same basic legal procedure. A mesothelioma lawyer can assist you and your family navigate the complex legal system. They will collaborate with a group of legal professionals, including paralegals, investigators, lawyers and medical experts.

Mesothelioma is a type of cancer that affects the lining of internal organs such as the lungs, heart and abdomen. It is triggered by exposure to asbestos which was widely used in the United States during World War II and the postwar boom in construction. People who develop mesothelioma often are exposed to a variety of asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits usually involve class action claims.

Asbestos litigation is often complicated because the victims must prove that their injuries are the result of exposure to asbestos and that companies exposed them negligently. Finding a mesothelioma lawyer that is able to handle asbestos-related claims is the first step. An experienced mesothelioma lawyer will examine your history of exposure and determine the businesses responsible for your illness. They can also help you file a lawsuit against the appropriate defendants.

Mesothelioma compensation varies from case to case, however, most victims are compensated for their past and current medical bills, lost wages, future prognosis and life expectancy emotional distress, pain and suffering. Compensation can also include damages for wrongful death. In a no-cost and absolutely no-obligation evaluation of your case an attorney for mesothelioma will go over the specifics.

Settlements

Many who worked with asbestos were exposed to the material for a long time, and this exposure could have resulted in various types of diseases such as mesothelioma. People who have been diagnosed with mesothelioma need experienced legal counsel to pursue justice against the companies responsible for their injuries. The asbestos companies are responsible for their negligence, and they must compensate victims and their families.

Mesothelioma suits can be filed by people who have been exposed to asbestos at work, in their homes, military bases, or even at home. These individuals deserve compensation for their medical expenses as well as lost earnings if they were unable to work and their suffering and pain. Before settling, asbestos victims and their families must to know how much their case is worth.

During the discovery phase of asbestos class action lawsuits, both sides gather facts and documents to support their claims. It can take several months or longer as both teams look for documents and interview witnesses. The information will be used by mesothelioma attorneys to determine the most appropriate amount of compensation for their clients. They can look into 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 further evidence that the asbestos companies are liable for the damages suffered by victims.

It is essential to determine before a mesothelioma lawsuit is filed that there are sufficient similarities in the individual cases to make it impossible or difficult to file separate lawsuits. This was particularly common in the early days of asbestos litigation before mesothelioma could be definitively linked to exposure to asbestos-containing substances.

Asbestos victims must be prepared to negotiate the best possible settlement amounts, as those who expose victims often try to settle claims fast to save money on their legal costs. Some victims were able to accept offers that were far below the actual value of their mesothelioma claims. Mesothelioma lawyers can bargain with asbestos companies to ensure their clients receive fair settlements.

Trial

When the legal process starts, victims and their lawyers begin to collect evidence to support the case. This could take a long time as both sides look over documents and talk to witnesses. The evidence collected will help a lawyer decide which companies are liable to compensate the victim. In this process, lawyers may also request information from asbestos trust funds, which are set up to pay for victims' medical expenses and other costs associated with their mesothelioma diagnosis.

Asbestos lawsuits have resulted in settlements and verdicts in the millions for victims across the United States. Despite this, many companies that once used asbestos continue to try to avoid responsibility for their products' impact on the lives of individuals. Insolvency is one method to accomplish this.

The courts were not willing to allow companies to completely escape their obligations. The courts ordered that companies set up asbestos trust funds to keep money in reserve to pay for future and present claims. Asbestos trust funds have now amassed over $30 billion in assets.

Despite the money available, asbestos companies continue to fight victims and their lawyers in court. They have tried to portray them as villains, rather than accept their responsibility for exposure of workers to asbestos and causing their illness. It is crucial that asbestos victims are partnered with a firm which has been fighting for asbestos victims for many years.

Levy Konigsberg LLP has been an innovator in the fight against asbestos for more than 30 years. We represent mesothelioma patients and their families across the United States. We are knowledgeable of the companies who made and sold asbestos-containing products and we know how to gather evidence and examine their records to build strong cases on behalf of our clients.

If you've been diagnosed with mesothelioma seek out a mesothelioma lawyer for a no-cost consultation. We can assist you in getting the compensation you deserve. Contact us at 866-454-829 or contact our website. We are looking forward to hearing from you.