The Process of Asbestos Class Action Litigation

Contact an asbestos litigation group lawyer as soon after a diagnosis of mesothelioma is possible. They can assist you through the entire process of filing an asbestos lawsuit.

Mesothelioma lawyers recognize that class action litigation is different from the traditional personal injury lawsuits. The lawsuits must meet strict legal requirements, and a thorough investigation will be required.

Statute of Limitations

Asbestos exposure may have numerous negative impacts on the health of those affected. The most frequently reported symptoms of mesothelioma, asbestosis, and lung cancer are listed below. Each of these conditions can be fatal. Asbestos-related illnesses are often compensated for. However, the statute of limitations-the time period within which an individual can file a lawsuit-can vary. It is important to consult an experienced asbestos lawyer prior to the statute of limitations expires.

In general the statute of limitations "clock" begins to run at the point that a plaintiff realized or should have known that their injury was caused by asbestos exposure. Most people will find out when they are diagnosed mesothelioma, or some other asbestos-related disease. Occasionally, a person will develop an additional asbestos-related condition years after they first discovered an asbestosis or a different disease. In these instances even if the deadline for filing a claim against asbestosis has been met but the time limit for the additional condition will begin to expire.

A number of companies operating in the asbestos law & litigation industry filed for bankruptcy due to the huge liabilities they faced as a result of their reckless business practices. The companies were required to create trust funds to pay future claims of asbestos victims. The funds are limited on the number of asbestos victims who can be compensated.

The statute of limitation for asbestos cases can differ from state to state, however, in the majority of states, asbestos class action litigation the limitation is between two and three years after diagnosis. The timeline could be affected by a variety of factors like how long someone was exposed to asbestos and the time they spent in one state to another.

An asbestos lawyer may sometimes extend the statute of limitations according to the specific circumstances of the case. This is referred to as a statute-of-repose. It allows claimants to file an latest asbestos litigation lawsuit after the statutory deadline has expired. In certain situations it is possible for a claimant to need an extension if they have not been able to get important documents that prove asbestos exposure.

Discovery Phase

In the discovery phase, each team will present the evidence they have. Photographs, documents, and historical records can be used to prove that the defendants were exposed to asbestos and responsible for mesothelioma. This information can be shared between the two sides and help your attorney determine if there is enough common ground to negotiate an agreement. However, if there is not sufficient agreement, the lawsuit could go to trial where both sides will present their case to jurors or a judge.

Asbestos-related lawsuits are complicated and long-winded, as it can take decades to diagnose mesothelioma and other asbestos-related diseases. Each case is different, but the majority follow the same legal steps. An experienced mesothelioma attorney can help you and your family in navigating the complex legal system. They will work with an entire team of legal professionals, including lawyers, paralegals investigators, medical experts, and investigators.

Mesothelioma is a form of cancer is a disease that affects the linings and linings of internal organs like the lungs the heart, and the abdomen. The cancer is caused by asbestos exposure which was widely used in the United States after World War II. Mesothelioma is usually caused by exposure to multiple asbestos-based products. Because asbestos exposure is widespread, mesothelioma lawsuits often involve class action claims.

Asbestos litigation can be complex because the victims must prove that their injuries are the result of exposure to asbestos and that the companies exposed them negligently. The most important thing to do in a claim involving asbestos class action litigation is to find a qualified mesothelioma law firm. An experienced mesothelioma lawyer will analyze your history of exposure and determine the companies that are responsible for your condition. They can also assist you to in filing a lawsuit against appropriate defendants.

Mesothelioma compensation varies from case to case, however, most victims are compensated for their past and present medical bills, lost wages, future prognosis and life expectancy, emotional distress and suffering and pain. Damages for wrongful death can also be included in compensation. A mesothelioma lawyer will go over the details of your case during a free consultation, without obligation.

Settlements

Asbestos exposure can cause various illnesses, including mesothelioma. Individuals who have been diagnosed with mesothelioma should seek legal counsel to pursue justice against the companies accountable for their injuries. The asbestos companies are responsible for their negligence and must compensate victims and their families.

Mesothelioma suits can be filed by people who have been exposed to asbestos in their workplaces, homes and military bases or even at home. The victims deserve compensation for their medical expenses, lost wages if they were not able to work, and for their pain and suffering. Asbestos victims and their families should be aware of the value of their case worth before accepting a settlement offer from any business.

During the discovery phase of a class-action asbestos exposure litigation lawsuit, both parties gather facts and documents to prove their claims. This can take a few months or more as the two teams search for documents and speak with witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma compensation amount for their clients. They can look into the victim's work and military history to determine when the client was exposed to asbestos and also speak to former employees who can provide further evidence that the asbestos companies are liable for the injuries suffered by victims.

To permit mesothelioma-related class action lawsuits to be filed, it must be determined that there are enough commonalities between the individual cases that it is not feasible or difficult for them to start separate lawsuits. This was particularly common in the early days of asbestos litigation prior to the time mesothelioma was conclusively tied to exposure to asbestos-containing products.

Asbestos patients must be prepared to negotiate the most favorable possible settlement amounts, as companies that expose victims often try to settle claims fast to reduce their legal costs. Sadly, some victims have accepted offers that are significantly less than the true value of their mesothelioma claim. Mesothelioma lawyers can bargain with asbestos companies to make sure their clients get fair settlements.

Trial

Once the legal process begins the attorneys and victims begin collecting evidence to support the case. This can take months when both sides go through documents and talk to witnesses. The evidence collected will help a lawyer decide which companies are accountable to pay the victim. In this time, lawyers can also request the records of asbestos trust funds which are set up to assist in the reimbursement of medical bills and expenses incurred by victims with mesothelioma.

Asbestos-related lawsuits have led to multi-million dollar verdicts and settlements for victims across the nation. Despite this the fact that many companies who once used asbestos continue to try to avoid responsibility for the impact their products have had on the lives of individuals. Insolvency is one method to accomplish this.

The courts were not prepared to allow companies to completely escape their obligation to pay. The courts ruled that the companies set up asbestos trust funds to store money to cover future and current 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 to cast them as villains, rather than accept their responsibility for exposure of workers to asbestos and causing their illness. It is important that victims partner with a company that has fought for asbestos victims for a number of years.

Levy Konigsberg has been at the forefront of the fight against asbestos for more than 30 years. We represent mesothelioma patients as well as their families throughout 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 create solid cases for our clients.

If you've been diagnosed with mesothelioma, contact a mesothelioma attorney for a free legal consultation. We can assist you in obtaining the compensation you deserve. Call us at 866-454-8529 or contact our website. We look forward to hearing from you.