The Process of Asbestos Class Action Litigation

Contact an asbestos lawyer as soon after the mesothelioma diagnosis as is possible. These attorneys can guide you through the entire process of filing an asbestos lawsuit.

Mesothelioma lawyers recognize that class action litigation is different from traditional personal injury cases. The lawsuits must be in compliance with strict legal requirements and a thorough investigation is required.

Statute of Limitations

Asbestos can have a number of negative effects on health. The most common symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions is fatal. Asbestos-related diseases are usually compensated for. However the statute of limitations, which is the time period within which a victim is able to file a lawsuit-can differ. It is important to consult with an asbestos attorney before the statute expires.

In general the case of a plaintiff, their "clock" starts to run when they know or should have known that their injuries were due to asbestos exposure. The majority of people find out when they are diagnosed as mesothelioma, or some other asbestos-related disease. Sometimes, a person develops an additional asbestos-related illness years after developing asbestosis or another disease. In these cases even though the deadline for filing a lawsuit against asbestosis has passed and the statute of limitations for the additional condition will start to expire.

A number of companies in the asbestos industry filed for bankruptcy due to the massive liabilities they were facing as a result of their reckless business practices. The companies were forced to establish trust funds to pay future claims to asbestos victims. However they are also limited in terms of the number of victims that can be compensated for their injuries.

The statute of limitations for asbestos cases varies from state to state however, in the majority of states, the timeframe is two to three years after diagnosis. The timeline could be affected by a variety of factors like the length of time an individual was exposed to asbestos and the time they spent in one state to another.

Based on the specific circumstances of a situation the asbestos lawyer can sometimes extend the statute of limitations. This is called a statute of repose, and it permits plaintiffs to file an asbestos lawsuit even after the statute of limitations is reached. In some instances the claimant may require an extension if they have not been able to obtain the necessary documents that prove asbestos exposure.

Discovery Phase

During the discovery phase, both teams will present evidence they have. This can include photographs, documents and historical records to prove that the defendants were exposed asbestos and are the ones responsible for your mesothelioma. This information can be shared with the other team and can help your lawyer determine if there is enough common ground to reach an agreement. If there isn't enough agreement, the lawsuit may be brought to trial, in which both sides present their arguments to a judge or jury.

The process of bringing asbestos lawsuits is complicated and long-winded, as it can take years between the time of exposure and the diagnosis of mesothelioma or another asbestos-related disease. Each case is different however the essential legal procedures are the same. An experienced mesothelioma attorney will help you and your family in understanding the complex legal system. They will work with a network of legal professionals, such as paralegals, Latest asbestos litigation investigators and lawyers and medical experts.

Mesothelioma is a form of cancer, affects the inner organs' linings, such as the lungs, the heart, and the abdomen. It is triggered by exposure to asbestos which was widely used in the United States during World War II and the postwar boom in construction. Mesothelioma is often caused by exposure to a variety of asbestos-based products. Because asbestos exposure is so widespread, mesothelioma lawsuits typically include class action lawsuits.

Asbestos litigation is complex because it requires the victims to prove that their injuries are the result of asbestos exposure and that companies were negligent in the exposure of asbestos. Finding a mesothelioma lawyer who is qualified to handle asbestos claims is the first step. A mesothelioma lawyer can look over your exposure history and identify the companies that are responsible for your illness. They can also assist you in filing an action against the defendants.

Mesothelioma compensation is different from case to case but most compensate victims for their past and present medical bills, lost wages, future prognosis and life expectancy as well as emotional distress and suffering. Compensation may also cover the costs of wrongful death. During a free and no-obligation review of your case, a mesothelioma lawyer will discuss the details.

Settlements

Asbestos exposure can cause various illnesses, including mesothelioma. Legal representation is essential for those who have been identified as mesothelioma patients to seek 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 loved ones.

Mesothelioma suits can be filed by victims who were exposed to asbestos at work, in their homes or military bases, or even at home. These individuals need compensation for medical expenses and lost wages if they were unable to work, and for their suffering and pain. Before settling asbestos victims and their families need to know what their case is really worth.

During the discovery stage of a class-action asbestos lawsuit, both sides gather facts and documents to support their claims. This can take a few months or more, as the two teams search for documents and speak with witnesses. Mesothelioma lawyers will use this information to determine the best mesothelioma settlement amounts for their clients. They can look into the victim's work and military background to determine the when asbestos was exposed. They can also speak with former employees to find more proof that asbestos-related companies are responsible for the damages suffered by victims.

It is essential to determine prior to a mesothelioma suit can be filed, that there are enough similarities between the cases to make it impractical or burdensome to bring separate lawsuits. This was particularly prevalent in the early days of asbestos litigation, long before mesothelioma had been definitively associated with exposure to asbestos-containing substances.

Asbestos patients must be prepared to negotiate the highest possible settlement amounts, as those who expose victims often attempt to settle claims quickly to save money on their legal costs. Sadly, some victims have accepted settlements that are much less than the true value of their mesothelioma claim. Mesothelioma lawyers can bargain with asbestos companies to ensure that their clients get fair settlements.

Trial

Once the legal process begins the victims and their lawyers begin to collect evidence for the case. It could take several months for both sides to review documents and speak with witnesses. The evidence collected will assist a lawyer in determining which companies are responsible to pay the victim. During this period, the lawyers can also request the records of asbestos trust funds which are set up to assist in the payment of medical bills and expenses incurred by patients suffering from mesothelioma.

Asbestos lawsuits have led to multi-million dollar verdicts and settlements for victims across the country. Despite this, many companies that once used asbestos continue to try to avoid responsibility for the impact their products have had on the lives of people. Declaring bankruptcy is one way to accomplish this.

The courts were not prepared to allow companies to completely escape their responsibility. The courts ordered that companies set up asbestos trust funds in order to store money to cover future and current claims. latest asbestos litigation funds now have assets of over $30 billion.

Despite the wealth available asbestos companies continue to fight victims and their lawyers in court. They have tried to portray them as villains instead of accepting the responsibility of exposure of asbestos workers and causing illnesses. It is essential that asbestos victims partner with a company that has fought for asbestos victims for many years.

Levy Konigsberg LLP has been a pioneer in 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 thorough understanding of the businesses that made and sold asbestos class action litigation-containing products, and we know how to collect evidence and review their records to construct strong cases for our clients.

If you have been diagnosed with mesothelioma, seek out a mesothelioma lawyer for a no-cost consultation. We can assist you in obtaining the compensation you deserve. Contact us on our website or phone number 866-454-829. We would love to hear from you.