The Process of Asbestos Class Action Litigation
Patients diagnosed with mesothelioma should seek out an experienced asbestos lawyer as soon as is possible. They can guide you throughout the entire process including submitting an asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation differs from traditional personal injury cases. These lawsuits must satisfy strict legal requirements and an exhaustive investigation is required.
Statute of Limitations
Asbestos can have many negative health effects. The most frequently reported symptoms of mesothelioma, asbestosis, and lung cancer are listed below. Each of these conditions could be fatal. Asbestos-related diseases are usually compensated for. The statute of limitations, or time limit within which a victim may file a lawsuit, can vary. It is essential to consult with an asbestos lawyer before the statute of limitations expires.
In the majority of cases the plaintiff's "clock" starts to run when they are aware or be aware that their injury was caused by exposure to asbestos. Most people will find out when they are diagnosed as mesothelioma, or some other asbestos-related disease. Occasionally, a person will develop a second asbestos-related disease after the time they first diagnosed with an asbestosis or another disease. In these cases, the statute of limitations for the condition will begin to run on its own, even if it is past the deadline for filing an asbestosis lawsuit.
Several companies involved in the asbestos industry declared bankruptcy because of the massive liability they faced for their sloppy business practices. The companies were forced to establish trust funds in order to pay future claims of asbestos victim. The trust funds have a limit on the number of victims who are eligible for compensation.
The time limit for asbestos cases can differ from state to state however, in the majority of states, the timeframe is two to three years after the diagnosis. The time frame can also be impacted by factors such as the length of time a person was exposed to asbestos, whether they moved between states and what type of work they performed.
Depending on the specific circumstances of a situation An asbestos lawyer may extend the time limit for filing a claim. This is known as a statute-of-repose. It allows plaintiffs to file an asbestos lawsuit after the deadline for filing a lawsuit has expired. In certain situations it is possible for a claimant to need an extension if they've not been able to get important evidence of asbestos exposure.
Discovery Phase
During the discovery stage during the discovery phase, both teams will present any evidence they have. This includes documents, photographs and historical records to prove that the defendants were exposed to asbestos and are responsible for your mesothelioma. This information can be shared among the two teams and could aid your attorney in determining whether there is sufficient common ground to reach a settlement. If, however, there isn't enough agreement, the lawsuit could be heard in court, in which both sides present their case to a judge or jury.
Asbestos lawsuits are complex and long-winded, as it can take years to determine mesothelioma or other asbestos-related diseases. Each case is different, but the majority follow the same legal procedures. A mesothelioma lawyer can help you and your family navigate through the complex legal system. They will work with a team of legal professionals that includes paralegals, lawyers, investigators and medical experts.
Mesothelioma is a form of cancer that affects the lining of organs internal to them which include the lungs, heart and abdomen. It is caused by exposure to asbestos which was extensively used in the United States during World War II and postwar construction booms. Patients who develop mesothelioma typically are exposed to multiple asbestos products. Asbestos exposure is so widespread that mesothelioma cases typically involve class actions.
Asbestos litigation is complicated because it requires victims to prove that their injuries are due to asbestos exposure, and that the company were negligent in exposed them. The most important step in an asbestos claim is to find a qualified mesothelioma law firm. An experienced mesothelioma lawyer can analyze your exposure history and identify the businesses responsible for your condition. They can assist you in filing an action against the defendants.
The amount of compensation for mesothelioma is contingent on the specific case. However, most patients are compensated for medical bills as well as lost wages and a the future prognosis as well as emotional distress, pain and suffering, and their emotional suffering. Damages for wrongful death can also be included in compensation. A mesothelioma lawyer will go over the specifics of your case during a no-cost consultation, without obligation.
Settlements
Many workers who worked with asbestos were exposed to asbestos for a long time, and this exposure could have caused several types of illnesses including mesothelioma. Patients diagnosed with mesothelioma require legal representation to seek justice against the companies 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 those who were exposed to the toxic substance in their workplaces, military bases or homes, and even due to asbestos exposure through secondhand sources. These individuals need compensation for their medical expenses and lost wages if they were unable to work, and for their pain and suffering. Before settling a case, asbestos victims and asbestos litigation jobs their families must to know what their case is really worth.
During the discovery stage of a class-action asbestos lawsuit, both parties collect evidence and documents to prove their claims. It can take several months for the two parties to find documents and interview witness. The information will be used by mesothelioma attorneys to determine the most appropriate compensation amount for their clients. They may look at the victim's military or work background to determine when their client was exposed to asbestos, as well as speak with former employees who can provide more evidence that the asbestos companies are liable for the injuries suffered by victims.
To permit a mesothelioma class action lawsuit to proceed it must be decided that there are enough commonalities between the individual cases that it would be inefficient or burdensome for them all to file separate lawsuits. This was especially prevalent in the early days of asbestos litigation, prior to the time that mesothelioma was confirmed to be connected to exposure to asbestos-containing materials.
Asbestos victims must be prepared to negotiate the highest possible settlement amount, since companies that expose victims will often try to settle claims fast to save money on their legal costs. Unfortunately, some victims accepted offers that were far below the true value of their mesothelioma claim. Mesothelioma attorneys can negotiate with multiple asbestos companies to ensure that their clients get fair settlements.
Trial
As soon as the legal process starts, victims and their attorneys begin to collect evidence to support the case. This can take months as both sides look over documents and talk to witnesses. The evidence collected will assist a lawyer in determining which companies are responsible to pay the victim. In this time, lawyers can also request the records of asbestos trust funds that are set up for the payment of medical bills and expenses incurred by victims with mesothelioma.
Asbestos lawsuits have resulted in settlements and verdicts in the millions for victims across the country. Despite this, many companies that once used asbestos continue to try to avoid responsibility for the effects their products had on people's lives. One method to avoid this is to declare bankruptcy.
The courts were not prepared to let companies completely escape their obligations. The courts ordered that companies set up asbestos trust funds to keep money in reserve to cover future and current 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, instead of accepting their responsibility for the exposure of asbestos workers and causing illnesses. This is why it's so important for asbestos victims to work with an attorney firm with years of experience in defending the rights of those who have suffered from asbestos exposure.
Levy Konigsberg has been a leader in the fight against asbestos since more than 30 years. We represent mesothelioma sufferers and their families across the United States. We have a deep understanding of the companies that made and sold asbestos-containing products, and we know how to investigate their documents and gather evidence to build strong cases for our clients.
If you have been diagnosed with mesothelioma contact a mesothelioma attorney for a no-cost consultation. We can help you receive the compensation you deserve. Contact us at 866-454-8529, or visit our website. We would love to hear from you.