The Process of Asbestos Class Action Litigation
Patients diagnosed with mesothelioma should consult an experienced asbestos lawyer as soon as possible. These attorneys can provide guidance throughout the entire process, including filing a asbestos lawsuit.
Mesothelioma lawyers recognize 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 can have numerous negative consequences on the health of people who are affected. The most frequently reported symptoms are mesothelioma, lung cancer and asbestosis. Each of these conditions could be fatal. Asbestos-related illnesses are often compensated for. However, the statute of limitations-the time frame within which a person can file a lawsuit-can vary. It is important to consult an experienced asbestos lawyer before the statute of limitations expires.
In general, the statute of limitations "clock" begins to run at the point that the plaintiff was aware or should have known that their injury was due to asbestos exposure. The majority of people find out when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, a person develops an additional asbestos-related illness years after acquiring asbestosis or a different disease. In these instances the statute of limitation for the additional condition will start to run on its own even if it's past the deadline for filing an asbestosis lawsuit.
A number of companies in asbestos-related industries were forced to file for bankruptcy due the huge liability they incurred for their business practices that were reckless. The companies were required to create trust funds to pay future claims to asbestos attorney victim. These funds have a limit on the number of asbestos victims who can be compensated.
The time-limit for an asbestos case will vary by state, but the majority have the limitation of between two and three years from the time of diagnosis. The timeline could also be affected by factors like the length of time the person was exposed to asbestos, and whether they relocated from one state to another.
Based on the circumstances of a particular case, an asbestos lawyer can sometimes extend the time limit for filing a claim. This is known as a statute of repose and permits claimants to file a lawsuit against asbestos after the statutory deadline has passed. In some instances it is possible for a claimant to need an extension if they haven't been able to get important documentation that proves asbestos exposure.
Discovery Phase
During the discovery phase, both teams present what evidence they have. Photographs, documents and historical records can be used to show that the defendants were exposed asbestos and are responsible for the mesothelioma you suffer. This information can be shared between the two teams and could help your lawyer determine whether there is enough common ground to reach a settlement. However, if there isn't enough agreement, the case could be brought to trial, where both sides present their case to the jury or judge.
The legal procedure for asbestos lawsuits can be complicated and long-winded, as it can take decades between the time of exposure and the diagnosis of mesothelioma or another asbestos-related disease. Each case is different, but the basic legal steps are similar. A mesothelioma lawyer with experience can assist you and your family in understanding the complex legal system. They will work with a group of legal professionals, which includes lawyers, investigators, paralegals and medical experts.
Mesothelioma is a form of cancer that affects the lining of organs internal to them which include the lungs, the heart and abdomen. It is triggered by exposure to asbestos which was used extensively in the United States during World War II and the postwar boom in construction. Mesothelioma is usually caused due to exposure to multiple asbestos-based products. Because asbestos exposure is so widespread, mesothelioma lawsuits usually involve claims for class action.
Asbestos litigation is complicated because it requires victims to prove their injuries are the result of asbestos exposure and that companies were negligent in exposed them. The most important step in a claim for asbestos damages is to locate a reputable mesothelioma law firm. An attorney for mesothelioma can analyze your history of exposure and determine which companies are responsible for your condition. They can also assist you to bring a lawsuit against the appropriate defendants.
Compensation for mesothelioma varies depending on the case. However, the majority of victims receive compensation for past and present medical bills as well as lost wages, and future prognosis, as well with emotional suffering, pain and distress and emotional anxiety. Wrongful death damages can also be included in compensation. A mesothelioma lawyer will go over the details of your case in a complimentary, no-obligation case review.
Settlements
Many workers who worked with asbestos were exposed to the substance for a long time. This exposure could have resulted in different types of illness, including mesothelioma. Patients diagnosed with mesothelioma should seek legal counsel to pursue justice against the businesses responsible for their injuries. The asbestos companies are accountable for their negligence, and they must compensate victims and their families.
Mesothelioma lawsuits can be filed by victims who have been exposed to asbestos in their homes, workplaces, military bases, or even at home. These individuals are entitled to reimbursement for medical expenses and lost wages (if they were unable to work) and suffering. Before settling a case asbestos victims and their families must to know how much their case really is worth.
During the discovery phase of an asbestos class action lawsuit, both sides gather facts and documents to prove their claims. It may take a few months for the two parties to find documents and speak with witnesses. Mesothelioma lawyers will utilize this information to determine the best mesothelioma compensation amount for their clients. They may examine the victim's job and military history to determine the when asbestos was exposed. They can also speak to former employees to obtain more evidence that asbestos-related companies are responsible for the victims' damages.
It must be determined, before a mesothelioma lawsuit can be filed, that there are enough similarities between the cases to make it unpractical or burdensome to make separate lawsuits. This was especially common in the early days of asbestos litigation, prior to the time that mesothelioma had been definitively connected to exposure to asbestos-containing materials.
Asbestos patients should be prepared to negotiate the most favorable settlement amount, as companies that expose victims usually settle claims quickly in order to save money. Sadly, some victims have taken advantage of offers that are far lower than the actual worth of their mesothelioma lawsuit. Mesothelioma lawyers can bargain with asbestos companies to ensure that their clients receive fair settlements.
Trial
When the legal process begins, victims and their attorneys begin to collect evidence for the case. It could take several months for both sides to look over documents and speak with witnesses. The evidence can help an attorney determine which companies should be compensated to the victim. During this time, the lawyers may also request information from asbestos trust funds, which are established to cover victims' medical expenses and other expenses connected to their mesothelioma diagnose.
Asbestos lawsuits across the country have resulted in multi-million-dollar settlements and verdicts. Despite this however, a lot of companies that used asbestos are now trying to avoid accountability for the impact their products have had on the lives of individuals. Declaring bankruptcy is one way to accomplish this.
The courts were not prepared to let companies completely escape their obligations. As a result, the courts required that they establish asbestos trust funds to store money for present and future claims. Asbestos trust funds currently have assets worth more than $30 billion.
Despite the amount of money available asbestos companies continue to defend 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. It is crucial that asbestos victims are partnered with a firm who has been fighting for asbestos victims for a number of years.
Levy Konigsberg LLP has been a pioneer in the fight against asbestos for over 30 years. We represent mesothelioma patients as well as their families across the United States. We are knowledgeable about the companies that manufactured and sold asbestos-containing products and we are able to research their records and gather evidence to construct strong arguments for our clients.
If you've been diagnosed with mesothelioma, contact a mesothelioma attorney for a free legal consultation. We can assist you in getting the compensation you deserve. Contact us at 866-454-8529, or visit our website. We would love to hear from you.