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The Process of Asbestos Class Action Litigation

Consult an asbestos lawyer immediately following a diagnosis of mesothelioma as possible. These attorneys can assist you through the entire process of filing an asbestos lawsuit.

Mesothelioma lawyers understand that class action litigation is different from traditional personal injury lawsuits. The lawsuits must be in compliance with strict legal requirements and an extensive investigation is required.

Statute of Limitations

Asbestos exposure can have various negative impacts on the health of those affected. The most common symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions could be fatal. Asbestos-related victims with an illness that has been diagnosed are usually legally liable for compensation. The statute of limitations, also known as the time limit within which a victim may bring a lawsuit, may differ. It is crucial to speak with an asbestos attorney before the statute runs out.

In the majority of cases the plaintiff's "clock" starts to run when they know or should be aware that their injuries were caused by asbestos exposure. For the majority of people, this will be when they are diagnosed with mesothelioma, or any other asbestos law & litigation-related illness. Sometimes, a person may suffer from an additional asbestos-related illness years after they first diagnosed with an 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 begin to expire.

A number of companies operating in the asbestos industry filed for bankruptcy due to the huge liabilities they faced as a result of their reckless business practices. The companies were forced to create trust funds to pay future claims of asbestos victim. However the funds are restricted in the number of victims that can be compensated for their injuries.

The statute of limitations for asbestos cases can differ between states, however in most states, the timeframe is two to three years after diagnosis. The timeframe can be affected by factors such as how long a person was exposed to asbestos, if they relocated between states, and what kind of work they did.

An asbestos lawyer can sometimes extend the statutes of limitations in accordance with the particular circumstances of the case. This is known as a statute-of-repose and allows those who are seeking to file a lawsuit against asbestos after the deadline for filing a lawsuit has expired. In certain situations it is possible for a claimant to need an extension if they haven't been able obtain important evidence of asbestos exposure.

Discovery Phase

During the discovery phase, each team will present the evidence they have. This can include photographs, documents and historical records to prove that the defendants were exposed to asbestos and that they are the ones responsible for your mesothelioma. This information can be shared among the two teams and could aid your attorney in determining whether there is sufficient common ground to reach a settlement. If there isn't a deal, then the case may be brought to trial, where both sides will be able to present their case to a jury or judge.

Asbestos lawsuits are complex and lengthy, as it can take a long time to determine mesothelioma or other asbestos-related diseases. Each case is unique, but the basic legal steps are similar. An experienced mesothelioma attorney can assist you and your family with navigating the complex legal system. They will work with a group of legal professionals, including paralegals, investigators and lawyers and medical experts.

Mesothelioma is a kind of cancer that affects the lining of internal organs such as the lungs, the heart and abdomen. The cancer is caused by asbestos exposure which was widely used in the United States after World War II. People who develop mesothelioma often have exposure to multiple asbestos-related products. Asbestos exposure is so widespread that mesothelioma lawsuits often involve class actions.

Asbestos litigation can be a bit complicated because the victims must prove that their injuries are the result of exposure to asbestos, and that companies exposed them in a negligent manner. Finding a mesothelioma lawyer that is competent to handle asbestos-related claims is the first step. An attorney for mesothelioma can analyze your history of exposure and determine which companies are responsible for your illness. They can also assist you in filing a lawsuit against the defendants.

Mesothelioma compensation is different from case to case but the majority of victims receive compensation for their current and lawyers past medical bills, lost wages future prognosis and life expectancy emotional distress, pain and suffering. Compensation can also include wrongful death damages. A mesothelioma lawyer will go over the details of your case during a free review of your case, with no obligation.

Settlements

Asbestos exposure can cause a variety of illnesses including mesothelioma. Patients diagnosed with mesothelioma require legal representation to pursue justice against the companies responsible for their injuries. The asbestos companies are responsible for their negligence, and must compensate the victims and their families.

Mesothelioma lawsuits can be filed on behalf of those who were exposed to the harmful substance at their workplaces at military bases, homes or, and even due to asbestos exposure from secondhand sources. They need compensation for medical expenses and lawyers lost wages if they were not able to work, and for their pain and suffering. Before settling asbestos victims and their families must to know the value of their case really is worth.

During the discovery phase of a asbestos class-action lawsuit, both sides gather facts and documents to prove their assertions. It can take several months for the two teams to locate documents and speak with witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma compensation amount for their clients. They may examine the victim's military background to determine the period in which asbestos was exposed. They may also speak with former employees to find more evidence that asbestos-related companies are responsible for the damage suffered by victims.

To allow a mesothelioma class action lawsuit to move forward it must be decided that there are enough similarities between the individual cases that it would be inefficient or difficult for them to make separate lawsuits. This was especially prevalent in the beginning of asbestos litigation before mesothelioma could be definitively linked to exposure to asbestos-containing substances.

Asbestos victims should be prepared to negotiate the most favorable possible settlement amount, as those who expose victims often attempt to settle claims quickly to reduce their legal costs. However, some victims have accepted offers that were significantly less than the true value of their mesothelioma claims. Mesothelioma lawyers can negotiate with asbestos companies to make sure their clients receive fair settlements.

Trial

Once the legal process begins, victims and their attorneys begin collecting 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 decide which companies are liable to compensate the victim. During this time, lawyers can also request records of asbestos trust funds that are set up to assist in the payment of medical bills and expenses incurred by those suffering from mesothelioma.

Asbestos lawsuits throughout the United States have resulted to multi-million dollar settlements and verdicts. Despite this, the companies who used asbestos in the past continue to try to avoid accountability for the effects of their products on human lives. One method to avoid this is by declaring bankruptcy.

However, courts weren't willing to let the companies avoid responsibility completely. As a result, the courts required that they establish asbestos trust funds that would hold funds for future and present claims. asbestos law & litigation trust funds have assets of over $30 billion.

Despite the huge sums 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's so crucial for victims to work with an attorney firm with years of experience in defending the rights of those affected by asbestos exposure.

Levy Konigsberg LLP has been a pioneer in the fight against asbestos for over 30 years. We represent patients with mesothelioma and their families across the United States. We are knowledgeable of the businesses that made and sold asbestos-containing products and we know what to do to gather evidence and examine their records to build strong cases on behalf of our clients.

If you have been diagnosed with mesothelioma, contact a mesothelioma attorney for a no-cost consultation. We can help you get the compensation you deserve. Contact us at 866-454-829 or visit our website. We would love to hear from you.