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The Process of Asbestos Class Action Litigation
Consult an asbestos lawyer immediately following a mesothelioma diagnosis as is possible. They can guide you throughout the entire process including submitting an asbestos lawsuit.
Mesothelioma lawyers understand that class action litigation differs from traditional personal injury claims. The lawsuits must meet strict legal requirements and a thorough investigation will be required.
Statute of Limitations
Asbestos exposure may have a variety of negative impacts on the health of affected individuals. The most common symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions can be fatal. Asbestos-related ailments are typically compensated for. The statute of limitations, or time limit within which a victim may bring a lawsuit, may differ. It is important to consult with an asbestos attorney before the statute runs out.
In general the statute of limitations “clock” runs at the point that the plaintiff was aware or should have known their injury was due to asbestos exposure. For the majority of people, this will be when they are diagnosed with a mesothelioma or another asbestos-related disease. Sometimes, a person develops an additional asbestos litigation paralegal-related disease years after acquiring asbestosis or a different disease. In these cases even though the deadline for filing a lawsuit against asbestosis has been met but the time limit for the condition that was not previously treated will start to expire.
A number of companies in the asbestos industry declared bankruptcy because of the massive liability they faced due to their reckless business practices. In the end, the companies were forced to create trust funds that are intended to pay future claims to asbestos victims. The trust funds have a limit on the number of asbestos victims who can be compensated.
The time limit for asbestos litigation defense cases is different for each state, but most have a limit of two to three years from the time of diagnosis. The timeline may also be impacted by factors such as the length of time that a person has been exposed to asbestos, if they relocated between states, and what kind of work they did.
Based on the circumstances of a specific situation the asbestos lawyer can extend the time limit for filing a claim. This is referred to as a statute-of-repose. It allows claimants to file an asbestos lawsuit after the statutory deadline has expired. In some cases it is required if the victim is unable to obtain important evidence of their asbestos exposure.
Discovery Phase
During the discovery phase both teams will present evidence they have. Photographs, documents and historical documents can be used to show that the defendants were exposed asbestos and are responsible for mesothelioma. This information can be shared among the two teams and can aid your attorney in determining whether there is enough common ground to reach a settlement. If there isn’t a deal and the case is not settled, it could be brought to trial, where both sides will be able to present their case to a jury or judge.
The legal process for asbestos lawsuits is complex and lengthy, as it can take years between exposure and diagnosis of mesothelioma or an asbestos-related disease. Each case is unique, however most follow the same basic legal steps. A mesothelioma attorney can help you and your family navigate through the complex legal system. They will work with a group of legal professionals, including paralegals, investigators and lawyers and medical experts.
Mesothelioma, a form of cancer, affects the inner organs’ linings, like the lungs the heart, Asbestos Class Action Litigation as well as the abdomen. The cancer is caused by asbestos exposure, which was extensively used in the United States after World War II. The majority of people who develop mesothelioma are exposed to multiple asbestos-related products. Because asbestos exposure is so widespread, mesothelioma lawsuits often include class action lawsuits.
Asbestos litigation can be a bit complicated because the victims must prove that their injuries are the result of exposure to asbestos, and that the company exposed them in a negligent manner. Finding a mesothelioma lawyer who is competent to handle asbestos-related claims is the first step. A mesothelioma lawyer with experience can analyze your history of exposure and determine the companies that are responsible for your illness. They can also help you bring a lawsuit against the appropriate defendants.
Mesothelioma compensation varies from case to case, but the majority of victims receive compensation for their past and present medical expenses, lost wages, the future prognosis for their life, emotional distress and suffering. Compensation may also include wrongful death damages. During a free and no-obligation review of your case an attorney for mesothelioma will go over the specifics.
Settlements
Asbestos exposure can cause many illnesses, including 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 must be held accountable for their negligence and must compensate victims and their families.
Mesothelioma suits can be filed by people who have been exposed to asbestos in their homes, workplaces, military bases, or even at home. The victims are entitled to compensation for medical expenses, lost wages if they were unable to work and their pain and suffering. Asbestos victims and their families must understand the value of their case worth before accepting a settlement offer from any company.
During the discovery phase of asbestos class action lawsuits both sides collect facts and documents to support their claims. This could take a few months or more as both teams look for documents and speak with witnesses. Mesothelioma lawyers will utilize this information to determine the best mesothelioma compensation amounts for their clients. They might look at the victim’s military or work background to determine when their client was exposed to asbestos as well as talk to former employees who can provide more evidence that the asbestos companies are liable for the victims’ damages.
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 impractical or difficult for each to start separate lawsuits. This was especially prevalent in the beginning of asbestos litigation before mesothelioma could be definitively linked to exposure to asbestos-containing products.
Asbestos patients must be ready to negotiate for the highest settlement amount, as companies who expose victims often settle claims quickly to save money. Some victims have taken advantage of offers that are far lower than the true worth of their mesothelioma lawsuit. Mesothelioma attorneys are able to negotiate with several asbestos exposure litigation companies to ensure their clients get fair settlements.
Trial
When the legal process starts, victims and their attorneys will begin gathering evidence to support the case. It could take months when both sides go through documents and talk to witnesses. The evidence will assist an attorney decide which companies should compensate the victim. During this period, the lawyers can also request the records of asbestos trust funds which are established for the payment of medical bills as well as expenses incurred by patients suffering from mesothelioma.
Asbestos lawsuits across the country have led to multi-million dollar settlements and verdicts. Despite this, companies who have employed asbestos in the past continue to attempt to avoid accountability for the negative impact of their products on the human life. Insolvency is one method to accomplish this.
However, the courts weren’t going to let companies be completely free of responsibility. Therefore, the courts ordered that they set up asbestos trust funds to hold funds for future and present claims. Asbestos trust funds are now amassed more than $30 billion in assets.
Despite the amount of money available asbestos companies have continued to fight victims and their lawyers in court. They have tried to portray the asbestos companies as villains instead of accept the responsibility of exposure of workers to asbestos and causing their illness. This is why it is important for asbestos victims to choose a law firm that has years of experience fighting on behalf of the victims of asbestos exposure.
Levy Konigsberg has been a pioneer of the fight against asbestos for over 30 years. We represent mesothelioma victims and their families across the United States. We have a deep understanding of the companies who made and sold asbestos-containing product, and we know what is asbestos litigation to do to collect evidence and review their records to build strong cases on behalf of our clients.
Contact a mesothelioma lawyer to arrange for an initial consultation for free when you’ve been diagnosed with mesothelioma. We can assist you in obtaining the compensation you deserve. Contact us via our website or call 866-454-8529. We would love to hear from you.