The Process of Asbestos Class Action Litigation
Consult an asbestos lawyer immediately following a diagnosis of mesothelioma as possible. These lawyers can assist you through the entire process of filing an asbestos lawsuit.
Mesothelioma lawyers understand that class action litigation differs from traditional personal injury cases. The lawsuits must be in compliance with strict legal requirements and an exhaustive investigation is required.
Statute of Limitations
Asbestos has a variety of negative health effects. The most common symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these ailments is fatal. Asbestos-related victims with an illness that has been diagnosed are usually legally liable for compensation. However, the statute of limitations-the period of time within which a person can file a lawsuit-can vary. It is crucial to speak with an asbestos attorney 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. Most people will find out when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, people develop an additional asbestos-related condition after the time they first discovered an asbestosis or a different disease. In these instances even though the deadline for filing an asbestosis lawsuit has passed but the time limit for the condition that was not previously treated will start to run.
Many companies involved in asbestos-related industries declared bankruptcy because of the enormous liability they faced for their reckless business practices. As a result, the companies were forced to set up trust funds that are intended to pay out future claims to asbestos victims. The trust funds have a limit on the number of asbestos victims who can be compensated.
The statute of limitation for asbestos cases can differ between states, but in most states the timeframe is two to three years after diagnosis. The timeline may be affected by other factors such as the length of time that a person has been exposed to asbestos, if they moved between states and the type of work they performed.
Depending on the circumstances of a specific situation, an asbestos lawyer can extend the time limit for filing a claim. This is referred to as a statute of repose and allows those who are seeking to bring an asbestos lawsuit after the statute of limitations is reached. In some cases it is possible for a claimant to need an extension if they haven't been able to obtain the necessary documentation that proves asbestos exposure.
Discovery Phase
In the discovery phase the teams will present any evidence they have. This could include documents, photos and historical records to show the defendants were exposed to asbestos and are the ones responsible for mesothelioma. This information can be shared with the other team and can aid your lawyer in determining if there is enough common ground for a settlement. However, if there isn't enough agreement, the lawsuit may be heard in court, where both sides will present their case to the jury or judge.
The process of bringing asbestos lawsuits is complex and time-consuming, since it can take years between the time of exposure and the diagnosis of mesothelioma or another asbestos-related disease. Each case is unique, but most follow the same basic legal steps. A mesothelioma lawyer with experience can help you and your family in navigating the complex legal system. They will collaborate with a group of legal professionals, which includes paralegals, investigators, lawyers and medical experts.
Mesothelioma is a form of cancer that affects the lining of organs internal to them such as the lungs, the heart and abdomen. The cancer is caused by asbestos exposure, which was extensively used in the United States after World War II. Mesothelioma is often caused by exposure to a variety of asbestos-based products. Because asbestos exposure is so widespread, mesothelioma lawsuits typically involve class action claims.
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. Finding a mesothelioma attorney who is qualified to handle asbestos claims is the first step. An attorney for mesothelioma can analyze your exposure history and identify the companies that are responsible for your illness. They can also help you in filing a lawsuit against appropriate defendants.
Mesothelioma compensation varies from case to case, however, most victims are compensated for their past and current medical expenses, lost wages, future prognosis and life expectancy as well as emotional distress and suffering and pain. Compensation may also cover damages for wrongful death. For a no-cost, absolutely no-obligation evaluation of your case A mesothelioma lawyer will go over the specifics.
Settlements
Asbestos exposure can trigger various illnesses, including mesothelioma. Legal representation is required by individuals who have been diagnosed as mesothelioma patients to seek justice against those who are responsible for their injuries. The asbestos companies are responsible for their negligence and must compensate victims and their families.
Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the toxic substance in their workplaces or military bases, homes due to secondhand asbestos exposure. The victims are entitled to reimbursement for medical expenses, lost wages (if they were unable work) as well as pain and suffering. Asbestos victims and their families should understand the value of their case worth prior to signing a settlement with any company.
During the discovery phase of an asbestos class action lawsuit both sides collect evidence and documents to back their assertions. 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 best amount of compensation for their clients. They can look into the victim's military or work history to determine when their client was exposed to asbestos, and also speak to former employees who can provide further evidence that asbestos companies are responsible for the injuries suffered by victims.
To allow mesothelioma-related class action lawsuits to be filed it must be established that there are enough similarities between the individual cases that it would be inefficient or costly for them all to file separate lawsuits. This was especially prevalent in the beginning of asbestos litigation prior to the time mesothelioma was conclusively tied to exposure to asbestos-containing substances.
Asbestos patients must be prepared to negotiate the most favorable possible settlement amount, since companies that expose victims often seek to settle claims quickly in order to save money on legal costs. Some victims were able to accept offers that were far below the true value of their mesothelioma claims. Mesothelioma lawyers can negotiate with multiple asbestos companies to ensure their clients receive fair settlements.
Trial
Once the legal process begins the victims and their attorneys begin collecting evidence to support their case. It can take several months for both sides to review documents and speak with witnesses. The evidence will help an attorney determine which firms should be compensated to the victim. In this process, lawyers may also request records from asbestos trust funds, which are set up to cover victims' medical expenses and other costs related to their mesothelioma diagnosis.
Asbestos lawsuits have resulted in settlements and verdicts in the millions for victims across the nation. Despite this, many companies that once employed asbestos are still trying to avoid responsibility for the impact their products have had on the lives of people. Insolvency is one method to achieve this.
However, the courts weren't going to let the companies be completely free of responsibility. As a result, the courts ordered the establishment of asbestos trust funds to hold funds for future and present claims. Asbestos funds now have assets worth more than $30 billion.
Despite the money available asbestos companies continue to defend victims and their lawyers in court. They have tried asbestos law and litigation to portray them as villains rather than accept the responsibility of exposing workers to asbestos and causing their illnesses. It is important that victims are partnered with a firm who has been fighting for asbestos victims for many years.
Levy Konigsberg has been a pioneer in the fight against asbestos for over 30 years. We represent mesothelioma sufferers and their families across the United States. We have a deep understanding of the businesses that made and sold asbestos-containing products and we know what to do to gather evidence and investigate their records to build solid cases for our clients.
Contact a mesothelioma attorney for an appointment for a no-cost consultation if you have been diagnosed. We can assist you in getting the compensation you deserve. Contact us at 866-454-8529, or visit our website. We look forward to hearing from you.