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The Process of Asbestos Class Action Litigation

Get an asbestos lawyer on the case immediately following a mesothelioma diagnosis as is possible. They can offer guidance throughout the entire process, including filing an asbestos lawsuit.

Mesothelioma lawyers are aware that class action litigation is different from traditional personal injury lawsuits. The lawsuits must meet 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 conditions can be fatal. Asbestos-related victims with an illness that is diagnosed are typically legally liable for compensation. The statute of limitations, also known as the time limit that a victim has to make a claim, can vary. It is important to consult with an asbestos attorney before the statute of limitations expires.

In general, the statute of limitations "clock" starts to run at the time a plaintiff realized or should have realized that their injury was due to asbestos exposure. Most people discover when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, people develop a second asbestos-related disease after the time they first diagnosed with an asbestosis or another disease. In these instances even though the deadline for filing a lawsuit against asbestosis has been met, the statute of limitation for the condition that was not previously treated will start to expire.

A number of companies in asbestos-related industries were forced to file for bankruptcy due the massive liability they faced for their sloppy business practices. As a result, companies were forced to create trust funds to pay out future claims to asbestos victims. The trust funds have a limit on the number of asbestos victims who are eligible for compensation.

The time limit for an asbestos case is different for each state, but generally there is the limitation of two to three years from the time of diagnosis. The timeframe can be affected by factors like the length of time a person was exposed to asbestos, if they moved between states and the type of work they carried out.

Based on the circumstances of a particular case the asbestos lawyer can extend the statute of limitations. This is referred to as a statute of repose, and it allows plaintiffs to file an asbestos lawsuit even after the statutory limit has expired. In some instances the extension could be required if the person who was injured hasn't been able to obtain important documents that prove their asbestos exposure.

Discovery Phase

In the discovery phase the teams will present any evidence they have. Documents, photographs and historical documents can be used to prove that the defendants were exposed to asbestos and liable for the mesothelioma you suffer. This information can be shared among the two teams and can help your attorney determine whether there is sufficient common ground to reach a settlement. If there's no agreement, then the case may be brought to trial where both sides will present their cases to a jury or judge.

Asbestos-related lawsuits are complicated and lengthy, since it can take a long time to determine mesothelioma or other asbestos-related diseases. Each case is unique, but most follow the same basic legal procedures. An experienced mesothelioma attorney can assist you and your family members in navigating the complex legal system. They will work with a team of legal professionals that includes lawyers, paralegals, investigators and medical experts.

Mesothelioma is a form of cancer is a disease that affects the linings and inner organs' linings, like the lungs the heart, as well as 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. The majority of people who develop mesothelioma are exposed to multiple asbestos-related products. Asbestos exposure is so widespread that mesothelioma cases often require class actions.

Asbestos litigation can be complex since the victims have to prove that their injuries were a result of exposure to asbestos and that the company exposed them in a negligent manner. Finding a mesothelioma attorney who is able to handle asbestos claims is the first step. A mesothelioma attorney can review your exposure history and asbestos litigation determine which companies are responsible for your illness. They can also help you file a lawsuit against the appropriate defendants.

Compensation for mesothelioma varies depending on the particular case. However, the majority of victims receive compensation for past and present medical bills as well as lost wages and a the possibility of a future prognosis, as with emotional suffering, pain and distress, and their emotional distress. Compensation may also cover the costs of wrongful death. A mesothelioma attorney will discuss the details of your case during a no-cost, no-obligation case review.

Settlements

Asbestos exposure can trigger many illnesses, including mesothelioma. Individuals who have been diagnosed with mesothelioma require legal counsel to pursue 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 lawsuits can be filed on behalf of those who were exposed to the toxic substance at their workplaces or military bases, homes, and even due to asbestos exposure from secondhand sources. These individuals are entitled to compensation for medical expenses as well as lost wages if they were not able to work, and for their pain and suffering. Asbestos victims and their families need to be aware of the value of their case worth prior to signing a settlement with any business.

During the discovery phase of a class-action asbestos lawsuit, both sides gather facts and documents to support their assertions. This can take a few months or longer as both teams look for documents and speak with witnesses. Mesothelioma lawyers use this information to determine the best mesothelioma compensation amount for their clients. They may look at the victim's military and work history to determine when the client was exposed to asbestos as well as speak with former employees who can provide additional evidence that asbestos companies are accountable for the damages suffered by victims.

In order for mesothelioma class action lawsuits to proceed, it must be determined that there are enough similarities between the individual cases that it would be impractical or difficult for them to file separate lawsuits. This was particularly prevalent in the beginning of asbestos litigation, prior to the time that mesothelioma was definitively linked to exposure to asbestos-containing substances.

Asbestos victims should be prepared to negotiate the most favorable possible settlement amount, since companies that expose victims will often seek to settle claims quickly in order to save money on their legal costs. However, some victims have accepted offers that were far below the true value of their mesothelioma claim. Mesothelioma lawyers are able to negotiate with several asbestos companies to ensure their clients receive fair settlements.

Trial

Once the legal process has begun, victims and their attorneys begin collecting evidence for the case. It could take months as both sides review documents and talk to witnesses. The information gathered will help a lawyer decide which companies are liable to pay the victim. In this process, lawyers may also request information from asbestos trust funds, which are set up to cover victims' medical bills and other expenses related to their mesothelioma diagnosis.

Asbestos lawsuits throughout the United States have resulted in multi-million-dollar settlements and verdicts. Despite this the fact that many companies who once used asbestos are now trying to avoid accountability for their products' impact on people's lives. Insolvency is one method to accomplish this.

However, courts weren't willing to let the companies be completely free of responsibility. Therefore, the courts required that they establish asbestos trust funds to hold money for present and future claims. Asbestos trust funds are now amassed more than $30 billion in assets.

Despite the amount of money available asbestos companies continue defend victims and their lawyers in court. They have tried portraying them as villains, rather than accepting the responsibility of exposing asbestos workers and causing their illnesses. It is important that victims partner with a company that has fought for asbestos victims for a number of years.

Levy Konigsberg LLP has been an innovator in the fight against asbestos for more than 30 years. We represent mesothelioma sufferers and their families across the United States. We have a thorough understanding of the companies that produced and sold asbestos-containing product, and we know what to do to collect evidence and review their records to construct strong cases on behalf of our clients.

Contact a mesothelioma attorney for an initial consultation for free when you've been diagnosed with mesothelioma. We can help you get the compensation you deserve. Contact us through our website or call 866-454-8529. We are looking forward to hearing from you.