The Process of Asbestos Class Action Litigation
Get an asbestos lawyer on the case immediately following a diagnosis of mesothelioma as possible. They can guide you through the entire process, including filing a asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation is different from traditional personal injury cases. The lawsuits must be in compliance with strict legal requirements and an extensive investigation is required.
Statute of limitations
asbestos attorneys can have many negative effects on health. The most common symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these conditions is fatal. Asbestos-related ailments are typically compensated for. However, the statute of limitations-the time period within which an individual can file a lawsuit - may differ. It is crucial to speak with an asbestos attorney prior to the statute runs out.
In general the statute of limitations "clock" runs at the point that a plaintiff knew or should have known their injury was caused by asbestos exposure. Most people discover when they are diagnosed having mesothelioma, or another asbestos-related disease. Sometimes, an individual develops an additional asbestos-related disease after developing asbestosis or another disease. In these cases even though the deadline for filing a lawsuit against asbestosis has passed and the statute of limitations for the additional condition will start to run.
Several companies involved in asbestos-related industries filed for bankruptcy due to the massive liability they faced for their sloppy business practices. As a result, companies were forced to establish trust funds to pay future claims to asbestos victims. However the funds are restricted in the number of victims that can be compensated for their injuries.
The time limit for asbestos cases will vary from state to state however, in the majority of states, the limitation is between two and three years after the diagnosis. The timeline can be affected by a variety of factors like the length of time someone was exposed to asbestos and the time they spent in one state to another.
A lawyer for asbestos can 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 it permits those who are seeking to bring an asbestos suit even after the statutory limit has passed. In some cases it is required if the person who was injured hasn't been able to acquire the necessary documents that prove their asbestos exposure.
Discovery Phase
In the discovery phase, both teams will present evidence they have. This includes documents, photographs and historical records to show the defendants were exposed to asbestos and that they are responsible for your mesothelioma. This information can be shared among the two teams and could help your lawyer determine if there is enough common ground to negotiate an agreement. If there is not sufficient agreement, the lawsuit may go to trial in which both sides 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 another asbestos-related disease. Each case is different however the essential legal steps are similar. A mesothelioma lawyer with experience can help you and your family members in dealing with the complicated legal system. They will work with a group of legal professionals, which includes paralegals, investigators, lawyers and medical experts.
Mesothelioma is a type of cancer is a disease that affects the linings and inner organs' linings, such as the lungs, the heart, as well as the abdomen. The cancer is caused by asbestos exposure which was widely used in the United States after World War II. Patients who develop mesothelioma typically are exposed to multiple asbestos-related products. Because asbestos exposure is so widespread, mesothelioma lawsuits often involve claims for class action.
Asbestos litigation is complicated because it requires the victims to prove that their injuries are due to asbestos exposure, and that the company were negligent in exposing them. Finding a mesothelioma lawyer that is qualified to handle asbestos lawsuit-related claims is the first step. An experienced mesothelioma lawyer will examine your exposure history and identify the businesses responsible for your illness. They can also help you in filing a lawsuit against appropriate defendants.
The amount of compensation for mesothelioma is contingent on the specific case. However, most patients are compensated for their medical bills as well as lost wages, and the future prognosis as well as emotional distress, pain and suffering, and their emotional suffering. Compensation may also cover wrongful death damages. In a no-cost and no-obligation review of your case an attorney for mesothelioma will discuss the details.
Settlements
Asbestos exposure can lead to many illnesses, including mesothelioma. Legal representation is required by those who have been identified as mesothelioma patients to seek justice against those who are responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their loved ones.
Mesothelioma suits can be filed by people who were exposed to asbestos at work, in their homes, military bases, or even at home. The victims are entitled to compensation for medical expenses, lost wages (if they were unable work) as well as pain and suffering. Asbestos victims and their families need to be aware of how much their case is worth prior to signing a settlement with any company.
During the discovery phase of asbestos class action lawsuit both sides collect facts and documents to prove their claims. It could take several months for the two teams to search for documents and interview witness. The information gathered will be used by mesothelioma attorneys to determine the most suitable compensation amount for their clients. They may look at the victim's work and military history to determine when their client was exposed to asbestos, as well as talk to former employees who can provide additional evidence that the asbestos companies are accountable for the damages suffered by victims.
It is essential to determine, before a mesothelioma lawsuit can be filed, that there are enough similarities between the individual cases to make it impossible or burdensome to bring separate lawsuits. This was especially common in the early days of asbestos litigation, before mesothelioma was definitively associated with exposure to asbestos-containing substances.
Asbestos sufferers must be prepared to negotiate for the most favorable settlement amount, since companies that expose victims usually settle claims quickly to save money. Unfortunately, some victims accepted offers that were significantly less than the actual value of their mesothelioma claims. Mesothelioma lawyers are able to negotiate with several asbestos companies to ensure their clients receive fair settlements.
Trial
When the legal process starts the attorneys and victims begin to gather evidence to support the case. It could take several months for both sides to look over documents and talk to witnesses. The evidence collected will help a lawyer determine which companies are accountable to pay the victim. During this time, lawyers may also request information from asbestos trust funds which are set up to pay for victims' medical bills and other expenses related to their mesothelioma diagnosis.
Asbestos lawsuits have resulted in settlements and verdicts in the millions for victims across the United States. Despite this, companies who used asbestos in the past continue to attempt to avoid responsibility for the negative impact of their products on people's lives. The option of declaring bankruptcy is one way to accomplish this.
The courts were not content to let companies completely escape their obligation to pay. The courts ordered that companies establish asbestos attorneys trust funds in order to hold money to cover future and current claims. Asbestos trust funds have assets of over $30 billion.
Despite the amount of money available asbestos companies continue defend victims and their lawyers in court. They have tried to cast them as villains, rather than accept their responsibility for exposing workers to asbestos and causing their illnesses. This is why it's so important for victims to choose a law firm that has years of experience fighting on behalf of those who have suffered from asbestos exposure.
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 have a deep understanding of the companies that manufactured and sold asbestos-containing products and we know how to investigate their records and gather evidence to build strong cases for our clients.
If you have been diagnosed with mesothelioma get in touch with a mesothelioma attorney to arrange for a free legal consultation. We can help you get the compensation you deserve. Contact us through our website or by calling 866-454-8529. We are looking forward to hearing from you.