5 Asbestos Class Action Litigation Lessons Learned From The Professionals
The Process of Asbestos Class Action Litigation
Contact an asbestos lawyer immediately following a diagnosis of mesothelioma as possible. These attorneys can provide guidance throughout the entire process including filing a asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation differs from the traditional personal injury lawsuits. The lawsuits must be in compliance with strict legal requirements and an exhaustive investigation is required.
Statute of Limitations
Asbestos can have many negative health effects. The most common symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these diseases can be fatal. Asbestos sufferers with an illness that is diagnosed are typically legally liable for compensation. The statute of limitations, or time period that a victim has to bring a lawsuit, may vary. It is crucial to speak with an asbestos lawyer before the statute of limitations expires.
In Knoxville asbestos lawyers of cases, a plaintiff's "clock" runs when they know or should have known that their injury was caused by exposure to asbestos. Most people will find out when they are diagnosed mesothelioma or an asbestos-related disease. Sometimes, people develop an additional asbestos-related condition after the time they first diagnosed with an asbestosis or another disease. In these instances, even though the deadline for filing a claim against asbestosis has been met but the time limit for the condition that was not previously treated will start to run.
A number of companies in the asbestos industry filed for bankruptcy due to the huge liabilities they faced due to their reckless business practices. As a result, companies were forced to establish trust funds that are intended to pay future claims to asbestos victims. The funds are limited on the number of asbestos victims who are eligible for compensation.
The statute of limitations for asbestos cases can differ between states, however in most states, the limitation is between two and three years after the diagnosis. The timeframe can be affected by other factors like the length of time the person was exposed to asbestos and whether they relocated from one state to another.
Based on the specific circumstances of a case, an asbestos lawyer can extend the statute of limitations. This is known as a statute-of-repose and allows plaintiffs to file an asbestos lawsuit after the statutory deadline has expired. In some instances the claimant may require an extension if they haven't been able to obtain the necessary documents that prove asbestos exposure.
Discovery Phase
During the discovery phase, both teams present what evidence they have. Documents, photographs and historical documents can be used to demonstrate that the defendants were exposed to asbestos and responsible for mesothelioma. This information can be shared with the other team and can help your lawyer determine if there is enough common ground for an agreement. If, however, there isn't enough agreement, the lawsuit may be heard in court, where both sides will present their case to the jury or judge.
Asbestos lawsuits can be complex and long-winded, as it can take decades to determine mesothelioma or other asbestos-related diseases. Each case is unique, but the majority follow the same legal procedure. A mesothelioma lawyer can assist you and your family navigate the complex legal system. They will work with an entire team of legal professionals that includes lawyers, paralegals investigators, medical experts and investigators.
Mesothelioma, a form of cancer, affects the linings of internal organs like the lungs the heart, as well as the abdomen. The cancer is caused by asbestos exposure, which was widely used in the United States after World War II. Patients who develop mesothelioma typically are exposed to a variety of asbestos-related products. Asbestos exposure is so widespread that mesothelioma lawsuits typically involve class actions.
Asbestos litigation is complicated because it requires the victims to prove that their injuries result from asbestos exposure and that companies were negligent in the exposure of asbestos. The most important thing to do in a claim for asbestos damages is to locate a reputable mesothelioma law firm. A mesothelioma attorney can review your exposure history and determine which companies are accountable for your illness. They can also help you bring a lawsuit against the appropriate defendants.
Mesothelioma compensation varies from case to case, but the majority of victims receive compensation for their current and past medical bills, lost wages, future prognosis and outlook for life as well as emotional distress and suffering. Wrongful death damages can also be included in compensation. A mesothelioma lawyer will discuss the details of your case during a no-cost consultation, without obligation.
Settlements
Asbestos exposure can cause a variety of illnesses including mesothelioma. People who have been diagnosed with mesothelioma require legal representation to seek justice against the companies accountable for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their loved ones.
Mesothelioma lawsuits can be filed on behalf of those who were exposed to the toxic substance in their workplaces, military bases or homes because of asbestos exposure through secondhand sources. They are entitled to reimbursement for medical expenses, lost wages (if they were unable to work) as well as suffering and pain. Asbestos victims and their families must be aware of the value of their case worth prior to accepting a settlement offer from any business.
During the discovery phase of asbestos class action lawsuits, both sides gather evidence and documents to back their assertions. This can take a few months or more as the two teams search for documents and speak with witnesses. The information gathered will be used by mesothelioma lawyers to determine the most suitable amount of compensation for their clients. They can also look at the victim's job and military history to determine the time that asbestos was exposed. They can also speak to former employees to obtain more proof that asbestos companies are accountable for the victims' damages.
In order for mesothelioma-related class action lawsuits to move forward it must be decided that there are enough similarities between the individual cases that it is not feasible or difficult for them all to start separate lawsuits. This was especially prevalent in the beginning of asbestos litigation prior to the time mesothelioma could be definitively linked to exposure to asbestos-containing products.
Asbestos victims must be prepared to negotiate the best possible settlement amounts, as those who expose victims often try to settle claims fast to save money on legal costs. Some victims have accepted quick settlements that are much less than the true worth of their mesothelioma lawsuit. Mesothelioma lawyers can bargain with asbestos companies to make sure their clients receive fair settlements.
Trial
Once the legal process begins, victims and their attorneys begin collecting evidence for the case. It could take several months for both sides to go through documents and interview the witnesses. The evidence collected will help a lawyer determine which companies are liable to compensate the victim. In this process, lawyers may also request information from asbestos trust funds, which are set up to cover victims' medical expenses and other costs associated with their mesothelioma diagnosis.
Asbestos-related lawsuits have led to settlements and verdicts in the millions for victims across the country. Despite this, companies who have employed asbestos in the past continue to attempt to avoid responsibility for the effects of their products on human lives. Declaring bankruptcy is one way to achieve this.
The courts were not content to allow companies to completely escape their obligation to pay. Therefore, the courts required that they establish asbestos trust funds to 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 have continued to fight victims and their lawyers in court. They have tried to portray them as villains instead of accepting their responsibility for the exposure of asbestos workers and causing their ailments. This is why it is important for victims to work with a law firm that has years of experience fighting on behalf of those who have suffered from asbestos exposure.
Levy Konigsberg LLP has been an innovator in the fight against asbestos for more than 30 years. We represent mesothelioma sufferers and their families across the United States. We have extensive knowledge of the companies that manufactured and sold asbestos-containing products and we are able to research their documents and gather evidence to build strong cases for our clients.
Contact a mesothelioma attorney for an initial consultation for free if you have been diagnosed with mesothelioma. We can assist you in getting the compensation you deserve. Contact us at 866-454-829 or contact our website. We look forward to hearing from you.