The Process of Asbestos Class Action Litigation
Get an asbestos lawyer on the case immediately following a diagnosis of mesothelioma is possible. These attorneys can provide guidance throughout the entire process, including filing a asbestos lawsuit.
Mesothelioma lawyers understand that class action litigation differs from the traditional personal injury lawsuits. These lawsuits need to meet strict legal requirements and a thorough investigation will be required.
Statute of Limitations
Asbestos exposure may have various negative impacts on the health of people who are affected. The most frequently reported symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these diseases can be fatal. Asbestos sufferers with an illness that is diagnosed are typically legally liable for compensation. The statute of limitations, or the time frame within which a person can bring a lawsuit, may 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" runs when they know or should be aware that their injuries were caused by exposure to asbestos. Most people will find out when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, a person may develop a second asbestos-related disease after the time they first diagnosed with an asbestosis or another disease. In these cases even though the deadline for filing a claim against asbestosis has passed, the statute of limitation for the condition that was not previously treated will start to run.
Several companies involved in the asbestos industry declared bankruptcy because of the huge liability they incurred for their business practices that were reckless. The companies were required to establish trust funds in order to pay future claims of asbestos victims. However the funds are restricted in the amount of victims who can be compensated for their injuries.
The time-limit for asbestos cases is different for each state, but the majority have a limit of two to three years from the date of diagnosis. The timeframe can also be impacted by factors such as how long a person was exposed to asbestos, if they relocated between states, and the type of work they performed.
Based on the circumstances of a specific situation An asbestos lawyer may sometimes extend the statute of limitations. This is known as a statute of repose and it allows claimants to bring an asbestos lawsuit even after the statutory limit has expired. In certain situations, an extension may be necessary if the injured party hasn't been able to get the required documents that prove their asbestos exposure.
Discovery Phase
In the discovery phase, both teams will present evidence they have. Photographs, documents, and historical records can be used to demonstrate that the defendants were exposed asbestos and are responsible for your mesothelioma. This information can be shared with the other side and help your lawyer determine if there is enough common ground for a settlement. However, if there isn't enough agreement, the case could be brought to trial, where both sides will present their case to a judge or jury.
The legal process for asbestos lawsuits is complicated and lengthy, as it can take decades between the time of exposure and the diagnosis of mesothelioma or an asbestos-related disease. Each case is unique, but the majority follow the same legal steps. An experienced mesothelioma attorney can help you and your family with navigating the complex legal system. They will work with a network of legal professionals, such as lawyers, investigators, paralegals and medical experts.
Mesothelioma is a form of cancer that affects the lining of internal organs which include the lungs, heart, and abdomen. The cancer is caused by asbestos exposure, which was widely used in the United States after World War II. Mesothelioma is usually caused by exposure to a variety of asbestos products. Asbestos exposure is so widespread that mesothelioma cases typically require class actions.
Asbestos litigation can be a bit complicated, as victims must prove that their injuries are the result of asbestos exposure, and that companies exposed them in a negligent manner. The most important thing to do in a claim involving asbestos is to find a qualified mesothelioma law firm. A mesothelioma lawyer can look over your history of exposure and identify the companies that are responsible for your condition. They can also help you bring a lawsuit against the appropriate defendants.
Mesothelioma compensation is different from case to case, however, most victims are compensated for their current and past medical bills, lost wages, future prognosis and outlook for life, emotional distress and pain and suffering. Compensation may also cover damages for wrongful death. During a free and free review 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 several types of illnesses such as mesothelioma. Legal representation is needed by those who have been identified as mesothelioma victims to pursue justice against those responsible for their injuries. The asbestos companies are accountable for their negligence, and must compensate the victims and their families.
Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the toxic substance in their workplaces at military bases, homes or and even due to secondhand asbestos exposure. The victims need compensation for their medical expenses as well as lost earnings if they were unable to work and their pain and suffering. Asbestos victims and their families need to understand the value of their case worth before signing a settlement with any business.
During the discovery phase of asbestos class action lawsuit both sides collect facts and documents to prove their claims. It may take a few months for the two teams to find documents and interview witness. The information gathered will be used by mesothelioma attorneys to determine the most appropriate compensation amount for their clients. They may examine the victim's military history to determine the time period in which asbestos was exposed. They can also talk to former employees to obtain more evidence that asbestos companies are responsible for the victims' damages.
In order for a mesothelioma class action lawsuit to move forward it must be established that there are enough similarities between the individual cases that it is not feasible or difficult for each to start separate lawsuits. This was especially common in the beginning of asbestos litigation before mesothelioma was definitively linked to exposure to asbestos-containing products.
Asbestos patients must be prepared to negotiate the most favorable possible settlement amount, since companies that expose victims will often attempt to settle claims quickly to save money on their legal costs. Unfortunately, some victims accepted offers that were significantly less than the true value of their mesothelioma claim. Mesothelioma attorneys can negotiate with a variety of asbestos companies to ensure that their clients get fair settlements.
Trial
Once the legal process begins the attorneys and victims will begin gathering evidence to support the case. It can take a few months for both sides to review documents and interview the witnesses. The evidence can help an attorney decide which companies are responsible for compensating the victim. In this time, lawyers can also request the records of asbestos trust funds which are set up to assist in the payment of medical bills as well as expenses incurred by victims with mesothelioma.
Asbestos-related lawsuits have led to settlements and verdicts in the millions for victims across the United States. Despite this, companies that employed asbestos in the past are still trying to avoid to avoid accountability for the effects of their products on human life. Declaring bankruptcy is one way to achieve this.
The courts were not prepared to let companies completely escape their obligation to pay. Therefore, the courts ordered that they set up asbestos trust funds that would hold money for present and future claims. Asbestos trust funds have now amassed more than $30 billion of assets.
Despite the money available, asbestos companies continue to defend victims and their lawyers in court. They have tried to portray them as villains, rather than accepting the responsibility of exposure of asbestos workers and causing illnesses. It is essential that asbestos victims work with a firm that has fought for asbestos victims for a number of years.
Levy Konigsberg LLP has been an innovator in the fight against asbestos for over 30 years. We represent mesothelioma patients as well as their families throughout the United States. We are knowledgeable about the companies that made and sold asbestos-containing products and we know how to investigate their documents and gather evidence to construct strong cases for our clients.
Contact a mesothelioma lawyer for a free consultation if you have been diagnosed. We can help you receive the compensation you deserve. Contact us through our website or by calling 866-454-8529. We would love asbestos litigation history to hear from you.