The Process of Asbestos Class Action Litigation
Consult an asbestos lawyer immediately following a diagnosis of mesothelioma is possible. These attorneys can provide guidance throughout the entire process including filing a asbestos lawsuit.
Mesothelioma lawyers recognize that class action litigation differs from the traditional personal injury lawsuits. These lawsuits need to meet strict legal requirements, and an exhaustive investigation is required.
Statute of Limitations
Asbestos exposure can cause numerous negative effects on the health of those affected. The most frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions is fatal. Asbestos victims who have an illness that has been diagnosed are usually legally liable for compensation. The statute of limitations, also known as the time limit that a victim has to make a claim, can differ. It is essential to consult with an asbestos attorney before the statute expires.
In general, the statute of limitations "clock" begins to run at the point when a plaintiff realized or should have realized that their injury was due to asbestos exposure. Most people discover when they are diagnosed as mesothelioma, or some other asbestos-related disease. Sometimes, people develop an additional asbestos-related disease years after developing asbestosis or another disease. In these cases even if the deadline for filing an asbestosis lawsuit has been met but the time limit for the condition that was not previously treated will start to expire.
A number of companies in the asbestos industry declared bankruptcy because of the huge liability they incurred for their sloppy business practices. As a result, the companies were forced to establish trust funds that are intended to pay future claims to asbestos victims. The trust funds have a limit on the number of asbestos victims who are eligible for compensation.
The statute of limitation for asbestos cases varies from state to state however, in the majority of states, the limitation is between two and three years after the diagnosis. The time frame can also be impacted by factors like the length of time a person was exposed to asbestos, whether they relocated between states, and the type of work they did.
An asbestos lawyer can sometimes extend the statutes of limitations in accordance with the particular circumstances of the case. This is known as a statute-of-repose and allows claimants to file an asbestos lawsuit after the deadline for filing claims has passed. In some cases, an extension may be required if the person who was injured is unable to get the required documentation that proves their asbestos exposure.
Discovery Phase
During the discovery phase both teams present what evidence they have. Photographs, documents, and historical documents can be used to demonstrate that the defendants were exposed to asbestos and are responsible for the mesothelioma you suffer. This information can be shared among the two teams and could aid your attorney in determining if there is enough common ground to reach a settlement. If there is no agreement and the case is not settled, it could be taken to trial, where both sides will be able to present their case to a jury or judge.
Asbestos-related lawsuits are complicated and lengthy, as it can take a long time to identify mesothelioma and other asbestos-related diseases. Each case is unique, however most follow the same legal procedures. A mesothelioma lawyer can assist you and your family navigate through the complex legal system. They will collaborate with an entire team of legal professionals, including paralegals, lawyers investigators, medical experts and investigators.
Mesothelioma is a type of cancer is a disease that affects the linings and inner organs' linings, like the lungs the heart, and abdomen. It is triggered by exposure to asbestos which was extensively used in the United States during World War II and postwar construction booms. Mesothelioma is usually caused by exposure to a variety of asbestos-based products. Asbestos exposure is so widespread that mesothelioma cases often require class actions.
Asbestos litigation can be complicated as it requires victims to prove their injuries are due to asbestos exposure and that companies were negligent in exposed them. Finding a mesothelioma lawyer that is able to handle asbestos claims is the first step. A mesothelioma lawyer can look over your exposure history and identify the companies that are accountable for your illness. They can also help you bring a lawsuit against the appropriate defendants.
The compensation for mesothelioma differs based on the specific case. However, most patients are compensated for medical bills as well as lost wages and a future prognosis, as well in emotional distress, pain and suffering and emotional distress. In addition, damages for wrongful death may be included in compensation. In a no-cost and absolutely no-obligation evaluation of your case an attorney for mesothelioma will go over the specifics.
Settlements
Asbestos exposure can cause various illnesses, including mesothelioma. Legal representation is needed by people who have been diagnosed as mesothelioma victims to pursue justice against those who are responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their families.
Mesothelioma lawsuits can be filed on behalf of those who were exposed to the harmful substance at their workplaces, military bases or homes, and even as a result of secondhand asbestos exposure. These individuals are entitled to reimbursement for medical expenses, lost wages (if they were unable to work) as well as suffering. Asbestos victims and their families must know the value of their case worth prior to accepting a settlement offer from any business.
During the discovery stage of a asbestos class-action lawsuit, both parties gather facts and documents to support their claims. This could take a few months or longer as the two teams search for documents and speak with witnesses. Mesothelioma lawyers will use this information to determine the best mesothelioma compensation amount for their clients. They may look at the victim's military and work background to determine when their client was exposed to asbestos as well as talk to former employees who can provide further evidence that asbestos companies are accountable for the injuries suffered by victims.
In order for mesothelioma class action lawsuits to be filed it must be decided that there are enough commonalities between the individual cases that it would be inefficient or costly for them to file separate lawsuits. This was especially prevalent in the early days of asbestos litigation, before mesothelioma was definitively connected to exposure to asbestos-containing substances.
Asbestos patients should be prepared to negotiate the best settlement amount, since companies who expose victims often settle claims quickly to save money. Some victims were able to accept offers that were far below the actual 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 lawyers begin to collect evidence to support their case. It could take several months for both sides to look over documents and interview the witnesses. The evidence will assist an attorney determine which firms are responsible for compensating the victim. In this time, lawyers can also request the records of asbestos trust funds which are set up for the reimbursement of medical bills and expenses incurred by victims with mesothelioma.
Asbestos lawsuits have resulted in settlements and verdicts in the millions for victims across the nation. However the fact that many companies who once used asbestos continue to try to avoid accountability for the effects their products had on people's lives. One method to avoid this is to declare bankruptcy.
However, courts were not willing to allow companies to escape responsibility entirely. The courts ruled that the companies set up asbestos trust funds to keep money in reserve to cover future and current claims. Asbestos trust funds are now amassed more than $30 billion in assets.
Despite the wealth available, asbestos companies continue to fight victims and their lawyers in court. They have tried to cast them as villains rather than accept the responsibility of exposure of workers to asbestos and causing their illness. Peoria asbestos lawyers is crucial that asbestos victims are partnered with a firm which has been fighting for asbestos victims for many years.
Levy Konigsberg LLP 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 businesses that made and sold asbestos-containing product, and we know what to do to gather evidence and examine their records to build strong cases for our clients.
If you have been diagnosed with mesothelioma get in touch with a mesothelioma attorney to arrange for a no-cost 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.