The Process of Asbestos Class Action Litigation
Contact an asbestos lawyer as soon after the mesothelioma diagnosis as is possible. These attorneys can assist you through the entire process, including filing an asbestos suit.
Mesothelioma lawyers understand that class action litigation is different from traditional personal injury lawsuits. These lawsuits need to meet strict legal requirements, and a thorough investigation will be required.
Statute of limitations
Asbestos can have many negative effects on health. The most frequent symptoms of asbestosis, mesothelioma and lung cancer are listed below. Each of these conditions could be fatal. Asbestos victims who have a diagnosed illness are often owed compensation. However the statute of limitations - the period of time within which a victim can file a lawsuit - may differ. It is essential to consult with an asbestos attorney before the statute of limitations expires.
In general, the statute of limitations "clock" starts to run at the time the plaintiff was aware or should have known their injury was due to asbestos exposure. Most people will find out when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, a person may develop an additional asbestos-related condition years after they first diagnosed with an asbestosis or another disease. In these instances the statute of limitations for that additional condition will begin to run by itself, even if it is after the deadline to file an asbestosis lawsuit.
A number of companies in asbestos industries were forced to file for bankruptcy due the enormous liability they faced for their sloppy business practices. As a result, 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 limitations for asbestos cases will vary from state to state, however, in the majority of states, the timeframe is two to three years after diagnosis. The timeframe can also be affected by factors like the length of time someone was exposed to asbestos and whether they moved from one state to another.
Based on the circumstances of a specific case, an asbestos lawyer can extend the time limit for filing a claim. This is referred to as a statute of repose, and it permits claimants to bring an asbestos lawsuit even after the statute of limitations has expired. In certain situations the claimant may require an extension if they've not been able to obtain the necessary documentation that proves asbestos exposure.
Discovery Phase
During the discovery phase during the discovery phase, both teams will present any evidence they have. This can include photographs, documents and historical records that prove that the defendants were exposed asbestos and are the ones responsible for your mesothelioma. This information can be shared between the two sides and help your lawyer determine if there is enough common ground to reach a settlement. If, however, there is not sufficient agreement, the lawsuit may be heard in court, in which both sides present their arguments to jurors or a judge.
Asbestos-related lawsuits are complicated and lengthy, since it can take years to identify mesothelioma and other asbestos-related diseases. Each case is different however the essential legal steps are similar. A mesothelioma lawyer with experience can help you and your family members in dealing with the complicated legal system. They will collaborate with a team of legal professionals, which includes lawyers, investigators, paralegals and medical experts.
Mesothelioma is a form of cancer that affects the lining of organs internal to them which include the lungs, heart and abdomen. It is triggered by exposure to asbestos, which was extensively used in the United States during World War II and the postwar boom in construction. Mesothelioma is usually caused due to exposure to multiple asbestos products. Asbestos exposure is so widespread that mesothelioma cases typically involve class actions.
Asbestos litigation is complex because it requires the victims to prove that their injuries are the result of asbestos exposure and that the companies were negligent in exposed them. The most important thing to do in a claim for asbestos damages is to find a competent mesothelioma law firm. An experienced mesothelioma lawyer will examine your history of exposure and determine the businesses responsible for your illness. They can also help you bring a lawsuit against the appropriate defendants.
The amount of compensation for mesothelioma is contingent on the case. However, most victims receive compensation for their medical bills as well as lost wages, and the future prognosis as well in emotional distress, pain and suffering, and their emotional suffering. Damages for wrongful death can also be included in compensation. During a free and absolutely no-obligation evaluation of your case, a mesothelioma lawyer will go over the specifics.
Settlements
Asbestos exposure can cause a variety of illnesses including mesothelioma. Patients diagnosed with mesothelioma require legal representation to seek justice against the businesses responsible for their injuries. The asbestos companies are responsible for their negligence, and they must compensate victims and their families.
Mesothelioma lawsuits can be filed by people who have been exposed to asbestos in their homes, workplaces, military bases, or even at home. They are entitled to compensation for medical expenses, lost wages (if they were unable to work) and pain and suffering. Asbestos victims and their families should know the value of their case worth before accepting a settlement from any company.
During the discovery phase of a asbestos class-action lawsuit, both parties collect facts and documents to support their assertions. This could take a few months or more, as the two teams search for documents and interview witnesses. Mesothelioma lawyers will use this information to determine the best mesothelioma compensation amount for their clients. They can look into the victim's military or work history to determine when their client was exposed to asbestos as well as talk to former employees who can provide additional evidence that the asbestos companies are responsible for the injuries suffered by victims.
It must be determined prior to a mesothelioma suit is filed that there are enough similarities between the individual cases to make it impractical or costly to file separate lawsuits. This was especially common in the beginning of asbestos litigation, before mesothelioma was confirmed to be linked to exposure to asbestos-containing substances.
Asbestos victims must be prepared to negotiate the highest possible settlement amount, since those who expose victims often seek to settle claims quickly to save money on their legal costs. Some victims have taken advantage of offers that are far lower than the true value of their mesothelioma claim. Mesothelioma attorneys can negotiate with a variety of asbestos companies to ensure that their clients receive fair settlements.
Trial
As soon as the legal process starts, victims and their lawyers begin collecting evidence to support their case. This could take a long time when both sides go through documents and talk to witnesses. Melbourne asbestos attorney gathered will assist a lawyer in determining which companies are liable to pay the victim. In this process, lawyers may also request records from asbestos trust funds, which are created to cover victims' medical expenses and other costs related to their mesothelioma diagnosis.
Asbestos-related lawsuits across the United States have resulted to multi-million dollar settlements and verdicts. Despite this, companies that used asbestos in the past continue to try to avoid accountability for the negative impact of their products on human lives. One way to avoid accountability is by declaring bankruptcy.
However, the courts weren't going to allow companies to escape responsibility entirely. The courts ruled that the companies set up asbestos trust funds to store money to cover current and future claims. Asbestos trust funds are now amassed over $30 billion in assets.
Despite the amount of money available asbestos companies continue to defend victims and their lawyers in court. They have tried to cast them as villains rather than accept their responsibility for exposure of workers to asbestos and causing illness. This is why it is crucial for victims to work with a law firm with years of experience in defending the rights of those who have suffered from asbestos exposure.
Levy Konigsberg LLP has been an innovator in the fight against asbestos for over 30 years. We represent mesothelioma victims and their families across the United States. We have a thorough understanding of the companies who made and sold asbestos-containing products and we know how to collect evidence and review their records to create strong cases for our clients.
Contact a mesothelioma lawyer for a free consultation in case you've been diagnosed. We can help you get the compensation you deserve. Contact us at 866-454-8529, or contact our website. We are looking forward to hearing from you.