How Asbestos Class Action Litigation Impacted My Life The Better
The Process of Asbestos Class Action Litigation
Get an asbestos lawyer on the case as soon after the diagnosis of mesothelioma as possible. They can offer guidance through the entire process, including submitting an asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation is different from traditional personal injury lawsuits. The lawsuits must be in compliance with strict legal requirements and an extensive investigation is required.
Statute of limitations
Asbestos can have a number of negative health effects. The most common symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these diseases can be fatal. Asbestos-related illnesses are often compensated for. However the statute of limitations, which is the time frame within which a victim can file a lawsuit - may differ. It is essential to consult with an asbestos attorney before the statute expires.
In general, the statute of limitations "clock" runs at the point that a plaintiff realized or should have known that their injury was caused by 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 disease years after acquiring asbestosis or a different disease. In these instances, the statute of limitations for the condition will start to run on its own regardless of whether it occurs after the deadline to file an asbestosis lawsuit.
Many companies in the asbestos industry filed for bankruptcy due to the massive liabilities they were facing as a result of their reckless business practices. As a result, companies were forced to establish trust funds to pay claims in the future to asbestos victims. However they are also limited in terms of the amount of victims who can be compensated for their injuries.
The time limit for an asbestos case will vary by state, but generally there is the limitation of between two and three years from the date of diagnosis. The timeframe can also be impacted by factors such as the length of time that a person has been exposed to asbestos, whether they relocated between states, and the type of work they carried out.
Based on the circumstances of a particular case, an asbestos lawyer can sometimes extend the statute of limitations. This is referred to as a statute of repose and it allows plaintiffs to file an asbestos lawsuit after the statutory limit has expired. In some instances, an extension may be required if the person who was injured hasn't been able to obtain important documentation that proves their exposure to asbestos.
During the discovery phase both teams present what evidence they have. This can include photographs, documents and historical records that prove the defendants were exposed to asbestos and are the ones responsible for your mesothelioma. This information can be shared among the two teams and could aid your attorney in determining whether there is enough common ground to reach a settlement. However, if there is not sufficient agreement, the case could go to trial where both sides present their case to jurors or a judge.
Asbestos lawsuits can be complex and lengthy, since it can take decades to diagnose mesothelioma and other asbestos-related diseases. Each case is different, but the majority follow the same legal procedures. An experienced mesothelioma attorney can help you and your family members in navigating the complex legal system. They will collaborate with a group of legal professionals, such as paralegals, investigators, lawyers and medical experts.
Mesothelioma is a type of cancer that affects the lining of organs internal to them, including the lungs, heart, and abdomen. The cancer is caused by asbestos exposure, which was extensively used in the United States after World War II. Mesothelioma is often caused due to exposure to multiple asbestos-based products. Because asbestos exposure is widespread, mesothelioma lawsuits typically involve class action claims.
Asbestos litigation is complex because it requires victims to prove their injuries result from asbestos exposure and that companies were negligent in the exposure of asbestos. The most important step in an asbestos claim is to locate a reputable mesothelioma law firm. A mesothelioma lawyer with experience can examine your exposure history and identify the businesses responsible for your illness. They can also assist you in filing an action against the defendants.
Mesothelioma compensation is different from case to case, however, most victims are compensated for their past and present medical bills, lost wages, future prognosis and outlook for life as well as emotional distress and pain and suffering. Compensation may also cover wrongful death damages. A mesothelioma attorney will discuss the specifics of your case in a complimentary, no-obligation case review.
Settlements
Asbestos exposure can trigger many illnesses, including mesothelioma. Legal representation is required by those who have been identified as mesothelioma victims to pursue justice against the parties responsible for their injuries. The asbestos companies are accountable for their negligence and must compensate victims and their families.
Mesothelioma lawsuits can be filed by people who were exposed to asbestos in their homes, workplaces and military bases or even at home. The victims are entitled to reimbursement for medical expenses as well as lost wages (if they were unable work) as well as suffering. Before settling, asbestos victims and their families need to know how much their case is worth.
During the discovery phase of an asbestos class action lawsuit each side gathers evidence and documents to back their assertions. It can take several months or more, as the two teams search for documents and interview witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma settlement amounts for their clients. They can also look at the victim's job and military history to determine the time period in which asbestos was exposed. They can also speak to former employees to obtain more evidence that asbestos-related companies are responsible for the damages suffered by victims.
In order for mesothelioma class action lawsuits to be filed it must be decided that there are enough similarities between the individual cases that it would be impractical or costly for them all to file separate lawsuits. This was particularly common in the beginning of asbestos litigation before mesothelioma was conclusively tied to exposure to asbestos-containing substances.
Asbestos patients must be prepared to negotiate the most favorable settlement amount, as businesses who expose victims often settle claims quickly to save money. Unfortunately, some victims have accepted quick offers that are far lower than the actual value of their mesothelioma claim. Mesothelioma lawyers can negotiate with multiple asbestos companies to ensure that their clients receive fair settlements.
Trial
When the legal process starts the victims and their lawyers begin collecting evidence for the case. This could take a long time when both sides go through documents and speak with witnesses. The evidence gathered will help a lawyer determine which companies are liable to pay the victim. During this time, lawyers may also request records from asbestos trust funds, which are established to help victims pay their medical expenses and other costs connected to their mesothelioma diagnose.
Asbestos lawsuits have led to multi-million dollar verdicts and settlements for victims across the nation. However however, a lot of companies that used asbestos continue to try to avoid responsibility for their products' impact on the lives of individuals. One way to avoid accountability is to declare bankruptcy.
The courts were not content to let companies completely escape responsibility. The courts ruled that the companies establish asbestos trust funds to store money to pay for future and present claims. Asbestos trust funds have now amassed more than $30 billion of assets.
Despite the wealth available, asbestos companies have continued to fight the 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 their diseases. This is why it is so important for asbestos victims to partner with an attorney firm with years of experience in defending the rights of those affected by asbestos exposure.
Levy Konigsberg LLP has been an innovator in the fight against asbestos for more than 30 years. We represent mesothelioma patients as well as their families throughout the United States. We are knowledgeable about the companies that made and sold asbestos-containing products and we are able to research their documents and gather evidence to build strong cases for our clients.
If you've been diagnosed with mesothelioma, contact a mesothelioma attorney for a no-cost consultation. We can assist you in obtaining the compensation you deserve. Contact us on our website or by calling 866-454-8529. We are looking forward to hearing from you.