The Process of Asbestos Class Action Litigation
Patients diagnosed with mesothelioma should consult an experienced asbestos lawyer as soon as possible. They can assist you through the entire process including filing an asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation is different from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements, and an exhaustive investigation is required.
Statute of Limitations
Asbestos can have many negative health effects. The most frequent symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions is fatal. Asbestos victims who have a diagnosed illness are often entitled to compensation. The statute of limitations, also known as the time period within which a victim may file a lawsuit, can differ. It is important to consult with an asbestos lawyer before the statute of limitations expires.
In the majority of cases, a plaintiff's "clock" runs when they are aware or have been aware that their injury was caused by exposure to asbestos. For most people, this happens when they are diagnosed with a mesothelioma, or any other asbestos-related illness. Sometimes, people develop an additional asbestos-related disease after acquiring asbestosis or a different disease. In these cases even though the deadline for filing a lawsuit against asbestosis has been met and the statute of limitations for the additional condition will start to run.
A number of companies in the asbestos industry declared bankruptcy because of the huge liability they incurred for their reckless business practices. In the end, the companies were forced to set up trust funds that are intended to pay claims in the future to asbestos victims. The trust funds have a limit on the number of asbestos victims who can be compensated.
The time limit for asbestos cases will vary between states, however, in the majority of states, the timeframe is two to three years after diagnosis. The time frame can be affected by factors such as how long a person was exposed to asbestos, if they moved between states and what type of work they did.
An asbestos lawyer can sometimes extend the statute of limitations depending on the specific circumstances of the case. This is known as a statute of repose, and it permits those who are seeking to bring an asbestos suit even after the statutory limit has expired. In some cases the claimant may require an extension if they have not been able obtain important documentation that proves asbestos exposure.
Discovery Phase
In the discovery phase during the discovery phase, both teams will present any evidence they have. This includes documents, photographs and historical records to show the defendants were exposed to asbestos and that they are the ones responsible for your mesothelioma. This information can be shared with the other side and help your lawyer determine whether there is enough common ground for an agreement. If there isn't a deal or agreement, the case could be taken to trial, where both sides will present their cases before a judge or jury.
Asbestos lawsuits are complex and long-winded, as it can take years to determine mesothelioma or other asbestos-related diseases. Each case is unique however the essential legal procedures are the same. A mesothelioma lawyer can help you and your family navigate the complicated legal system. They will work with a group of legal professionals, such as paralegals, investigators and lawyers and medical experts.
Mesothelioma is a kind of cancer that affects the lining of internal organs, including 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 can be caused by exposure to multiple asbestos-based products. Asbestos exposure is so widespread that mesothelioma lawsuits typically require class actions.
Asbestos litigation can be a bit complicated since the victims have to prove that their injuries were a result of exposure to asbestos and that companies exposed them negligently. The most crucial step in a claim for asbestos damages is to find a competent mesothelioma law firm. A mesothelioma lawyer with experience can examine your history of exposure and pinpoint the companies that are responsible for your illness. They can also help you bring a lawsuit against the appropriate defendants.
Mesothelioma compensation can vary from case to case however, most victims are compensated for their current and past medical bills, lost wages, future prognosis and outlook for life as well as emotional distress and suffering. In addition, damages for wrongful death may be included in compensation. In a no-cost and free review of your case an attorney for mesothelioma will go over the specifics.
Settlements
Asbestos exposure can trigger many illnesses, including mesothelioma. Individuals who have been diagnosed with mesothelioma require legal representation to pursue justice against the companies accountable for their injuries. The asbestos companies are responsible for their negligence, and they must compensate the victims and their families.
Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the toxic substance at their workplaces at military bases, homes or due to asbestos exposure through secondhand sources. These individuals are entitled to reimbursement for medical expenses, lost wages (if they were unable to work) as well as suffering and pain. Asbestos victims and their families should understand how much their case is worth before accepting a settlement from any business.
During the discovery phase of asbestos class action lawsuit each side gathers facts and documents to prove their assertions. 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 most appropriate mesothelioma compensation amount for their clients. They may look at the victim's military and work history to determine when their client was exposed to asbestos, as well as speak with former employees who can provide more evidence that the asbestos companies are responsible for the injuries suffered by victims.
It must be determined before a mesothelioma lawsuit is filed that there are enough similarities between the individual cases to make it impossible or costly to make separate lawsuits. This was especially common in the early years of asbestos litigation before mesothelioma was definitively linked to exposure to asbestos-containing substances.
Asbestos patients must be ready to negotiate for the highest settlement amount, since companies who disclose victims typically settle claims quickly in order to save money. Unfortunately, some victims accepted offers that were far below the true value of their claim for mesothelioma. Mesothelioma lawyers can bargain with asbestos companies to ensure their clients get fair settlements.
Trial
As soon as the legal process begins the victims and their attorneys begin to collect evidence to support their case. This can take months as both sides review documents and talk to witnesses. The evidence gathered will help a lawyer determine which companies are responsible to compensate the victim. During this time, lawyers can also request records of asbestos trust funds that are set up for the payment of medical bills as well as expenses incurred by victims with mesothelioma.
Asbestos-related lawsuits have led to settlements and verdicts in the millions for victims across the country. Despite this, the companies who employed asbestos in the past continue to try to avoid accountability for the impact of their products on human life. One way to do this is by declaring bankruptcy.
The courts were not content to let companies completely escape their obligations. In the end, courts required that they establish asbestos trust funds to store funds for future and present claims. Asbestos trust funds are now amassed over $30 billion in assets.
Despite the amount of money available asbestos companies continue fight victims asbestos litigation history and their attorneys in court. They have tried to portray them as villains instead of accepting the responsibility of the exposure of asbestos workers and causing their ailments. It is important that victims are partnered with a firm which has been fighting for asbestos victims for a number of years.
Levy Konigsberg has been a pioneer in the fight against asbestos for over 30 years. We represent mesothelioma patients as well as their families throughout the United States. We have a deep understanding of the companies that produced and sold asbestos-containing goods, and we are able to research their documents and gather evidence to build strong cases for our clients.
If you've been diagnosed with mesothelioma contact a mesothelioma attorney for a free legal consultation. We can help you get the compensation you deserve. Contact us on our website or phone number 866-454-829. We would love to hear from you.