The Process of Asbestos Class Action Litigation
Get an asbestos lawyer on the case immediately following a diagnosis of mesothelioma is possible. They can offer guidance throughout the entire process including filing a asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation is different from traditional personal injury cases. These lawsuits need to meet strict legal requirements and an extensive investigation is required.
Statute of limitations
Asbestos exposure may have a variety of negative consequences on the health of affected individuals. The most frequently reported symptoms of asbestosis, mesothelioma and lung cancer are listed below. Each of these diseases can be fatal. Asbestos victims who have an illness that has been diagnosed are usually owed compensation. However the statute of limitations - the time frame within which an individual can file a lawsuit-can vary. It is crucial to speak with an asbestos attorney prior to the statute runs out.
In the majority of cases the case of a plaintiff, their "clock" starts to run when they know or should have been aware that their injuries were due to asbestos exposure. For most people, this is when they are diagnosed with mesothelioma, or any other asbestos-related illness. Sometimes, a person may suffer from an additional asbestos-related illness several years after the first time they discovered an asbestosis or a different disease. In these instances the statute of limitations for that additional condition will begin to run on its own, even if it is past the deadline for filing an asbestosis lawsuit.
Many companies involved in asbestos-related industries were forced to file for bankruptcy due the huge liability they incurred for their sloppy business practices. As a result, companies were forced to create trust funds to pay out future claims to asbestos victims. However they are also limited in terms of the amount of victims who can be compensated for their injuries.
The time-limit for an asbestos-related case will differ by state, but the majority have an expiration date of two to three years from the time of diagnosis. The timeline could also be affected by factors such as how long someone was exposed to asbestos, and the time they spent in one state to another.
Based on the circumstances of a specific situation An asbestos lawyer may sometimes extend the time limit for filing a claim. This is known as a statute of repose and permits plaintiffs to file a lawsuit against asbestos after the statutory deadline has expired. In some instances it is required if the person who was injured is unable to obtain important evidence of their asbestos exposure.
Discovery Phase
During the discovery phase both teams present what evidence they have. This could include documents, photos and historical records to show that the defendants were exposed to asbestos and are at fault for your mesothelioma. This information can be shared between the two sides and help your attorney determine if there is enough agreement to reach an agreement. If there is no agreement and the case is not settled, it could be brought to trial where both sides will present their cases before a judge or jury.
The legal process for asbestos lawsuits can be complicated and lengthy, as it can take decades between exposure and diagnosis of mesothelioma or an asbestos-related disease. Each case is different however the fundamental legal procedure is the same. A mesothelioma lawyer with experience can help you and your family members in understanding the complex legal system. They will collaborate with an entire team of legal professionals that includes paralegals, lawyers investigators, medical experts, and investigators.
Mesothelioma is a form of cancer that affects the lining of internal organs, including the lungs, heart and abdomen. The cancer is caused by asbestos exposure, which was extensively used in the United States after World War II. People who develop mesothelioma often are exposed to multiple asbestos products. Because asbestos exposure is so widespread, mesothelioma lawsuits usually involve class action claims.
Asbestos litigation is complex because it requires the victims to prove that their injuries are due to asbestos exposure, and that the company were negligent in exposed them. Finding a mesothelioma lawyer who is competent to handle asbestos-related claims is the first step. A mesothelioma lawyer with experience can review your history of exposure and pinpoint the companies responsible for your condition. They can also help you file a lawsuit against the appropriate defendants.
The amount of compensation for mesothelioma is contingent on the specific case. However, most victims receive compensation for past and present medical bills, lost wages and the possibility of a future prognosis, as as emotional suffering, pain and distress and emotional distress. Compensation may also include the costs of wrongful death. For a no-cost, no-obligation review of your case, a mesothelioma lawyer will go over the specifics.
Settlements
Asbestos exposure can trigger various illnesses, including mesothelioma. Patients diagnosed with mesothelioma require legal representation to pursue justice against the companies accountable for their injuries. The asbestos companies are accountable for their negligence, and must compensate victims and their families.
Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the dangerous substance in their workplaces, military bases or homes and even because of asbestos exposure through secondhand sources. The victims are entitled to reimbursement for medical expenses, lost wages (if they were unable to work) as well as suffering. Asbestos victims and their families should understand how much their case is worth prior to accepting a settlement offer from any business.
During the discovery phase of a asbestos class-action lawsuit, both parties collect facts and documents in order to support their claims. This could take a few months or longer as the two teams search for documents and interview witnesses. Palm Bay asbestos lawyers will utilize this information to determine the best mesothelioma compensation amount for their clients. They can look into the victim's military history to determine the time period in which asbestos was exposed. They can also talk to former employees to get more proof that asbestos-related companies are responsible for the victims' damages.
It must be established prior to a mesothelioma suit can be filed, that there are enough similarities in the individual cases to make it unpractical or costly to make separate lawsuits. This was particularly common in the early days of asbestos litigation prior to the time mesothelioma was definitively linked to exposure to asbestos-containing substances.
Asbestos patients must be ready to negotiate for the best settlement amount, since companies who disclose victims typically settle claims quickly to save money. Unfortunately, some victims accepted offers that were far below the true value of their mesothelioma claim. Mesothelioma lawyers can negotiate with multiple asbestos companies to ensure their clients receive fair settlements.
Trial
When the legal process starts, victims and their attorneys begin collecting evidence to support the case. It could take months as both sides look over documents and speak with witnesses. The evidence will help an attorney determine which firms should compensate the victim. During this time, lawyers may also request records of asbestos trust funds that are set up to assist in the payment of medical bills as well as expenses incurred by those suffering from mesothelioma.
Asbestos-related lawsuits have led to multi-million dollar verdicts and settlements for victims across the nation. Despite this, many companies that once used asbestos continue to try to avoid accountability for the effects their products had on the lives of people. One way to avoid accountability is to declare bankruptcy.
However, the courts weren't going to allow companies to avoid responsibility completely. The courts ordered that companies establish asbestos trust funds in order to store money to cover future and current claims. Asbestos trust funds currently have assets worth more than $30 billion.
Despite the amount of money available asbestos companies continue fight victims and their lawyers in court. They have tried portraying them as villains instead of admitting that they are responsible for exposing asbestos workers and causing diseases. This is why it is so important for asbestos victims to choose a law firm with years of experience in defending the rights of the victims of asbestos exposure.
Levy Konigsberg LLP has been a leader 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 companies that produced and sold asbestos-containing goods, and we know how to look into their records and gather evidence to create strong cases for our clients.
If you have been diagnosed with mesothelioma seek out a mesothelioma lawyer to get a free consultation. We can help you get the compensation you deserve. Contact us at 866-454-8529, or visit our website. We are looking forward to hearing from you.