The Process of Asbestos Class Action Litigation
Individuals diagnosed with mesothelioma should consult a knowledgeable asbestos lawyer as soon as is possible. These attorneys can assist you through the entire process, including filing an asbestos suit.
Mesothelioma lawyers are aware that class action litigation differs from traditional personal injury lawsuits. These lawsuits need to meet strict legal requirements and an exhaustive investigation is required.
Statute of limitations
Asbestos exposure can cause a variety of negative consequences on the health of affected individuals. The most common symptoms are mesothelioma, lung cancer and asbestosis. Each of these diseases can be fatal. Asbestos-related illnesses are often compensated for. The statute of limitations, also known as the time period within which a person can file a lawsuit, can differ. It is important to consult with an asbestos lawyer before the statute expires.
In general the plaintiff's "clock" begins to run when they are aware or be aware that their injury was caused by asbestos exposure. For the majority of people, this will be when they are diagnosed with a mesothelioma or other asbestos-related illness. Sometimes, people develop an additional asbestos-related condition several years after the first time they discovered an asbestosis or a different disease. In these instances, the statute of limitations for that additional condition will begin to run by itself, even if it is after the deadline to file an asbestosis lawsuit.
A number of companies operating in the asbestos industry declared bankruptcy because of the massive liability they were facing as a result of their reckless business practices. The companies were required to create trust funds to pay future claims of asbestos victims. However, these funds are limited in the number of victims that can be compensated for their injuries.
The time-limit for asbestos cases will vary by state, but generally there is an expiration date of between two and three years from the date of diagnosis. The timeline can be affected by other factors such as how long someone was exposed to asbestos and whether they moved from one state to another.
An asbestos lawyer may sometimes extend the statutes of limitation 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 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
During the discovery phase during the discovery phase, both teams will present any evidence they have. This could include documents, photos and historical records that prove that the defendants were exposed asbestos and that they are at fault for your mesothelioma. This information can be shared between the two teams and can aid your attorney in determining whether there is sufficient agreement to reach an agreement. If, however, there isn't enough agreement, the lawsuit could go to trial where both sides will present their case to the jury or judge.
Asbestos-related lawsuits are complicated and long-winded, as it can take decades to diagnose mesothelioma and other asbestos-related diseases. Each case is different, but most follow the same basic legal procedure. A mesothelioma lawyer can help you and your family navigate through the complex legal system. They will collaborate with a team of legal professionals, including paralegals, investigators and lawyers and medical experts.
Mesothelioma is a type of cancer is a disease that affects the linings and tissues of internal organs like the lungs, the heart, and the abdomen. It is caused by exposure to asbestos which was widely used in the United States during World War II and postwar construction booms. Mesothelioma can be caused by exposure to a variety of asbestos products. Because asbestos exposure is so widespread, mesothelioma lawsuits often include class action lawsuits.
Asbestos litigation is often complicated, as victims must prove that their injuries are the result of exposure to asbestos, and that the company exposed them negligently. Finding a mesothelioma lawyer who is competent 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 bring a lawsuit against the appropriate defendants.
The compensation for mesothelioma differs based on the particular case. However, the majority of victims are compensated for medical bills as well as lost wages, and the future prognosis as well in emotional suffering, pain and distress and emotional anxiety. In addition, damages for wrongful death may be included in compensation. A mesothelioma lawyer will go over the specifics of your case in a complimentary review of your case, with no obligation.
Settlements
Many workers who worked with asbestos were exposed to asbestos for decades, and this exposure could have resulted in various types of diseases, including mesothelioma. People who have been diagnosed with mesothelioma need experienced legal representation to seek justice against the companies accountable for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their families.
Mesothelioma suits are filed by those who have been exposed to asbestos at work, in their homes or military bases, or even at home. These individuals are entitled to compensation for medical expenses as well as lost wages (if they were unable to work) as well as suffering. Before settling asbestos litigation trends and their families must to know what their case is really worth.
During the discovery phase of asbestos class action lawsuit each side gathers facts and documents to support their claims. This can take a few months or more, as both teams look for documents and interview witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma compensation amount for their clients. They can look into the victim's job and military history to determine the time period in which asbestos was exposed. They may also speak to former employees to obtain more proof that asbestos companies are responsible for the victims' damages.
It must be determined, before a mesothelioma lawsuit can be filed that there are enough similarities in the individual cases to make it impractical or difficult to file separate lawsuits. This was especially prevalent in the early days of asbestos litigation prior to the time mesothelioma was conclusively tied to exposure to asbestos-containing products.
Asbestos victims should be prepared to negotiate the highest possible settlement amounts, as companies that expose victims often seek to settle claims quickly to save money on their legal costs. However, some victims have accepted settlements that were far less than the true value of their mesothelioma claim. Mesothelioma attorneys can negotiate with multiple asbestos companies to ensure their clients receive fair settlements.
Trial
Once the legal process has begun the victims and their lawyers will begin gathering evidence for the case. It can take several months for both sides to go through documents and speak with witnesses. The evidence gathered will help a lawyer determine which companies are responsible to compensate the victim. During this time, lawyers can also request documents from asbestos trust funds which are established to cover victims' medical expenses and other costs associated with their mesothelioma diagnosis.
Asbestos-related lawsuits across the United States have resulted to multi-million dollar settlements and verdicts. Despite this, many companies that once used asbestos are now trying to avoid accountability for the impact their products have had on the lives of individuals. One way to do this is to declare bankruptcy.
However, courts were not willing to let the companies avoid responsibility completely. In the end, courts ordered that they set up asbestos trust funds to store money for present and future claims. Asbestos trust funds currently have assets of more than $30 billion.
Despite the amount of money available, asbestos companies have continued to fight the victims and their lawyers in court. They have tried portraying them as villains, rather than admitting that they are responsible for the exposure of asbestos workers and causing illnesses. This is why it's so important for victims to work with a law firm with years of experience in defending the rights of the victims of asbestos exposure.
Levy Konigsberg LLP has been an innovator in the fight against asbestos for over 30 years. We represent mesothelioma victims and their families across the United States. We have a deep understanding of the companies that made and sold asbestos-containing goods, and we are able to research their documents and gather evidence to construct strong cases for our clients.
If you have been diagnosed with mesothelioma get in touch with a mesothelioma attorney to arrange to get a free consultation. We can help you get the compensation you deserve. Contact us at 866-454-829 or contact our website. We look forward to hearing from you.