Why All The Fuss About Asbestos Class Action Litigation

The Process of Asbestos Class Action Litigation

Anyone diagnosed with mesothelioma must consult an experienced asbestos lawyer as soon as possible. These lawyers can assist you through the entire process of filing an asbestos suit.

Mesothelioma lawyers are aware that class action litigation differs from traditional personal injury cases. These lawsuits must satisfy strict legal requirements and an extensive investigation is required.

Statute of Limitations

Asbestos exposure can cause various negative consequences on the health of those affected. The most frequent symptoms are mesothelioma, lung cancer and asbestosis. Each of these conditions can be fatal. Asbestos-related ailments are typically compensated for. The statute of limitations, or the time limit within which a person can bring a lawsuit, may vary. It is crucial to talk with an experienced asbestos lawyer prior to the statute of limitations runs out.

In the majority of cases the plaintiff's "clock" starts to run when they know or should have known that their injuries were due to asbestos exposure. For the majority of people, this will be when they are diagnosed with mesothelioma, or any other asbestos-related illness. Sometimes, people develop an additional asbestos-related disease after acquiring asbestosis or a different disease. In these instances the statute of limitation for the additional condition will start to run by itself, even if it is later than the deadline to file an asbestosis lawsuit.

Many companies involved in asbestos industries filed for bankruptcy due to the massive liability they faced for their reckless business practices. As a result, the companies were forced to create trust funds that are intended to pay claims in the future to asbestos victims. However, these funds are restricted in the number of victims that can be compensated for their injuries.

The time limit for an asbestos case will vary by state, but generally there is an expiration date of between two and three years from the date of diagnosis. The timeframe can be affected by other factors like the length of time a person was exposed to asbestos, if they relocated between states, and the type of work they did.

Based on the circumstances of a specific situation, an asbestos lawyer can extend the statute of limitations. This is referred to as a statute of repose, and allows claimants to bring an asbestos suit even after the statute of limitations has expired. In some cases, a claimant may need an extension if they have not been able to obtain the necessary evidence of asbestos exposure.

Discovery Phase

During the discovery phase both teams will present evidence they have. Photographs, documents and historical documents can be used to show that the defendants were exposed asbestos and responsible for mesothelioma. This information can be shared between the two sides and help your attorney determine whether there is sufficient common ground to negotiate an agreement. If there isn't a deal 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 is complex and long-winded, as it can take decades between exposure and diagnosis of mesothelioma or another asbestos-related disease. Each case is unique, but the basic legal procedure is the same. An experienced mesothelioma attorney will assist you and your family in navigating the complex legal system. They will collaborate with an entire team of legal professionals including lawyers, paralegals investigators, medical experts and investigators.

Mesothelioma is a form of cancer that affects the inner organs' linings, like the lungs the heart, as well as the abdomen. It is caused by exposure to asbestos attorney, which was widely used in the United States during World War II and the postwar boom in construction. Patients who develop mesothelioma typically are exposed to a variety of asbestos-related products. Because asbestos exposure is widespread, mesothelioma lawsuits typically 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 companies were negligent in exposed them. Finding a mesothelioma attorney who is able to handle asbestos claims is the first step. An experienced mesothelioma lawyer can examine your history of exposure and determine the companies that are responsible for your illness. They can assist you in filing an action against the defendants.

Mesothelioma compensation varies depending on the case, however, most victims are compensated for their current and past medical expenses, lost wages, future prognosis and outlook for life, emotional distress and suffering. Compensation may also cover damages for wrongful death. A mesothelioma lawyer will discuss the details of your case during a free, no-obligation case review.

Settlements

Many people who worked with asbestos were exposed to the material for a long time, and this exposure may have led to various types of diseases including mesothelioma. Legal representation is essential for those who have been identified as mesothelioma victims to pursue justice against those who are responsible for their injuries. The asbestos companies are accountable for their negligence, and they must compensate the victims and their families.

Mesothelioma lawsuits can be filed on behalf of those who were exposed to the dangerous substance in their workplaces at military bases, homes or, and even due to asbestos exposure through secondhand sources. These individuals are entitled to compensation for medical expenses, lost wages (if they were unable work) as well as suffering and pain. Asbestos victims and their families must understand the value of their case worth prior to accepting a settlement from any business.

During the discovery stage of an asbestos class-action lawsuit, both sides gather facts and documents in order to support their claims. It may take a few months for the two teams to search for documents and to interview witnesses. The information will be used by mesothelioma lawyers to determine the most appropriate compensation amount for their clients. They can look into the victim's military background to determine the period in which asbestos lawsuit was exposed. They can also talk to former employees to obtain more proof that asbestos companies are responsible for the damage suffered by victims.

It must be determined, before a mesothelioma lawsuit can be filed, that there are enough similarities between the individual cases to make it unpractical or burdensome to make separate lawsuits. This was especially prevalent in the beginning of asbestos litigation, prior to the time that mesothelioma was definitively associated with exposure to asbestos-containing substances.

Asbestos victims must be prepared to negotiate the highest possible settlement amount, as companies that expose victims will often attempt to settle claims quickly to reduce their legal costs. Some victims have taken advantage of settlements that are much less than the true value of their mesothelioma claims. Mesothelioma lawyers can negotiate with asbestos companies to ensure their clients get fair settlements.

Trial

Once the legal process begins the victims and their attorneys begin to collect evidence to support the case. This could take a long time as both sides review documents and talk to witnesses. The evidence will assist an attorney decide which companies should compensate the victim. During this time, the lawyers may also request information from asbestos trust funds which are established to cover victims' medical expenses and other expenses related to their mesothelioma diagnosis.

Asbestos lawsuits across the country have resulted in multi-million-dollar settlements and verdicts. Despite this, many companies that once used asbestos attorneys are now trying to avoid accountability for the impact their products have had on the lives of people. The option of declaring bankruptcy is one way to achieve this.

The courts were not prepared to allow companies to completely escape their obligations. Therefore, the courts ordered that they set up asbestos trust funds that would hold funds for future and present claims. Asbestos trust funds have amassed over $30 billion in assets.

Despite the amount of money available asbestos companies continue to fight victims and their lawyers in court. They have tried to portray them as villains instead of admitting that they are responsible for exposure of asbestos workers and causing ailments. It is essential that asbestos victims work with a firm that has fought for asbestos victims for a number of years.

Levy Konigsberg has been a leader in the fight against asbestos for over 30 years. We represent mesothelioma patients and their families across the United States. We are knowledgeable of the companies that produced and sold asbestos-containing product, and we know how to gather evidence and investigate their records to create strong cases for our clients.

Contact a mesothelioma lawyer to arrange for an appointment for a no-cost consultation when you've been diagnosed with mesothelioma. We can assist you in getting the compensation you deserve. Contact us at 866-454-8529, or contact our website. We would love to hear from you.