The Process of Asbestos Class Action Litigation
Anyone diagnosed with mesothelioma must consult a knowledgeable asbestos lawyer as soon as they can. These lawyers can assist you through the entire process including filing an asbestos suit.
Mesothelioma lawyers are aware that class action litigation differs from traditional personal injury cases. The lawsuits must meet strict legal requirements, and an exhaustive investigation is required.
Statute of limitations
Asbestos exposure may have a variety of negative impacts on the health of affected individuals. The most frequent symptoms of asbestosis, mesothelioma and lung cancer are listed below. Each of these conditions can be fatal. Asbestos-related illnesses are often compensated for. The statute of limitations, or time period within which a victim may bring a lawsuit, may differ. It's important to speak with an experienced asbestos lawyer prior to the statute of limitations expires.
In general, the statute of limitations "clock" runs at the point when a plaintiff knew or should have known that their injury was caused by asbestos exposure. For most people, this will be when they are diagnosed with a mesothelioma, or any other asbestos-related illness. Sometimes, people develop an additional asbestos-related illness years after the onset of asbestosis or another disease. In these instances even though the deadline for filing a lawsuit against asbestosis has passed, the statute of limitation for the condition that was not previously treated will start to run.
A number of companies operating in the asbestos industry declared themselves bankrupt due to the huge liabilities they were facing as a result of their reckless business practices. The companies were forced to establish trust funds in order to pay future claims to asbestos victims. However the funds are limited in terms of the number of victims that can be compensated for their injuries.
The time limit for asbestos cases will vary by state, but the majority have a limit of between two and three years from the date of diagnosis. The time frame can be affected by factors like how long a person was exposed to asbestos, whether they moved between states and what kind of work they carried out.
A lawyer for asbestos can sometimes extend the statute of limitations depending on the specific circumstances of the case. This is referred to as a statute-of-repose and allows those who are seeking to file a asbestos lawsuit after the deadline for filing a lawsuit has passed. In certain situations, a claimant may need an extension if they've not been able obtain important documentation that proves asbestos exposure.
Discovery Phase
In the discovery phase the teams will present any evidence they have. This includes documents, photographs and historical records to prove that the defendants were exposed asbestos and that they are the ones responsible for mesothelioma. This information can be shared with the other team and could help your lawyer determine whether there is enough common ground to reach a settlement. If there's no agreement or agreement, the case could be brought to trial, where both sides will present their cases to a jury or judge.
Asbestos lawsuits are complex and lengthy, as it can take a long time to identify mesothelioma and other asbestos-related diseases. Each case is different, but most follow the same legal steps. A mesothelioma lawyer can assist you and your family navigate through the complex legal system. They will work with a group of legal professionals, such as paralegals, investigators and lawyers and medical experts.
Mesothelioma is a form of cancer that affects the lining of internal organs such as the lungs, heart and abdomen. The cancer is caused by asbestos exposure which was widely used in the United States after World War II. The majority of people who develop mesothelioma have exposure to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits usually involve class action claims.
Asbestos litigation is complicated because it requires victims to prove their injuries are due to asbestos exposure and that the companies were negligent in exposing them. Finding a mesothelioma attorney who is able to handle asbestos-related claims is the first step. A mesothelioma attorney can review your exposure history and determine which companies are responsible for your illness. They can also help you file a lawsuit against the appropriate defendants.
The compensation for mesothelioma differs based on the specific case. However, most patients receive compensation for their medical bills as well as lost wages and a the possibility of a future prognosis, as as emotional distress, pain and suffering and emotional suffering. Damages for wrongful death can also be included in compensation. In a no-cost and absolutely no-obligation evaluation of your case, a mesothelioma lawyer will go over the specifics.
Settlements
Many who worked with asbestos were exposed to the substance for a long time, and this exposure may have led to different types of illness including mesothelioma. Legal representation is needed by people who have been diagnosed as mesothelioma patients to seek justice against those 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 have been exposed to asbestos at work, in their homes or military bases, or even at home. The victims are entitled to reimbursement for medical expenses, lost wages (if they were unable work) and suffering. Asbestos victims and their families must be aware of the value of their case worth before accepting a settlement offer from any company.
During the discovery stage of a class-action asbestos lawsuit, both sides gather facts and documents to support their assertions. It may take a few months for the two parties to find documents and interview witness. The information will be used by mesothelioma attorneys to determine the best amount of compensation for their clients. They can look into the victim's military background to determine the period in which asbestos was exposed. They can also talk to former employees to obtain more proof that asbestos companies are accountable for the damages suffered by victims.
It is essential to determine prior to a mesothelioma suit is filed that there are enough similarities in the individual cases to make it unpractical or burdensome to bring separate lawsuits. This was particularly common in the early days of asbestos litigation before mesothelioma was definitively linked to exposure to asbestos-containing products.
Asbestos victims must be prepared to negotiate the highest possible settlement amount, as companies that expose victims will often try to settle claims quickly to reduce their legal costs. Some victims have accepted settlements that are much less than the true worth of their mesothelioma lawsuit. Mesothelioma attorneys can negotiate with multiple asbestos companies to ensure that their clients get fair settlements.
Trial
Once the legal process starts, victims and their lawyers begin collecting evidence to support the case. It could take several months for both sides to go through documents and interview the witnesses. The evidence collected will help a lawyer determine which companies are accountable to pay the victim. During this period, the lawyers can also request records of asbestos trust funds which are set up for the reimbursement of medical bills and expenses incurred by those suffering from mesothelioma.
Asbestos-related lawsuits have led to settlements and verdicts of millions of dollars for victims across the United States. However, companies who used asbestos in the past continue to try to avoid responsibility for the negative impact of their products on the human lives. One method to avoid this is by declaring bankruptcy.
The courts were not willing to let companies completely escape their obligation to pay. The courts ordered that companies set up asbestos trust funds in order to store money to pay for future and present claims. Asbestos funds now have assets worth more than $30 billion.
Despite the amount of money available, asbestos companies continue to fight victims and their attorneys in court. They have tried to portray them as villains rather than accept the responsibility of exposure of workers to asbestos and causing their illnesses. This is why it is crucial for victims to choose a law firm with years of experience fighting on behalf of those who have suffered from asbestos exposure.
Levy Konigsberg has been a leader of the fight against asbestos for over 30 years. We represent mesothelioma victims and their families across the United States. We are knowledgeable of the companies that produced and sold asbestos-containing product, and we know how to collect evidence and review their records to construct strong cases on behalf of our clients.
If you've been diagnosed with mesothelioma contact a mesothelioma attorney for a no-cost consultation. We can assist you in getting the compensation you deserve. Contact us on our website asbestos exposure litigation or phone number 866-454-829. We would love to hear from you.