The Top Asbestos Class Action Litigation Gurus Are Doing Three Things
The Process of Asbestos Class Action Litigation
Individuals diagnosed with mesothelioma should seek out an experienced asbestos lawyer as soon as is possible. They can assist you through the entire process of filing an asbestos suit.
Mesothelioma lawyers understand that class action litigation differs from the traditional personal injury lawsuits. The lawsuits must meet strict legal requirements and an exhaustive investigation is required.
Statute of Limitations
Asbestos can have a number of negative effects on health. The most common symptoms of mesothelioma, asbestosis, and lung cancer are listed below. Each of these conditions is fatal. Asbestos-related victims with an illness that has been diagnosed are usually legally liable for compensation. The statute of limitations, or time period that a victim has to make a claim, can vary. It's important to speak with an experienced asbestos attorney before the statute of limitations runs out.
In general, the statute of limitations "clock" runs at the time a plaintiff realized or should have known that their injury was due to asbestos exposure. For most people, this will be when they are diagnosed with mesothelioma or another asbestos-related disease. Sometimes, people suffer from an additional asbestos-related illness several years after the first time they diagnosed with an asbestosis or another disease. In these instances, even though the deadline for filing a lawsuit against asbestosis has been met and the statute of limitations for the additional condition will start to expire.
Many companies involved in the asbestos industry filed for bankruptcy due to the massive liability they faced for their reckless business practices. In the end, the companies were forced to set up trust funds to pay out future claims to asbestos victims. The funds are limited on the number of victims who can be compensated.
The statute of limitations for asbestos cases varies between states, however, in the majority of states, the limit is two to three years after the diagnosis. The timeline may also be impacted by factors such as the length of time that a person has been exposed to asbestos, if they moved between states and what 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 permits claimants to file a asbestos lawsuit after the deadline for filing a lawsuit has passed. In some instances, 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 during the discovery phase, both teams will present any evidence they have. This includes documents, photographs and historical records to prove that the defendants were exposed asbestos and that they are responsible for your mesothelioma. This information can be shared among the two teams and can help your attorney determine whether there is sufficient common ground to negotiate a settlement. However, if there isn't enough agreement, the lawsuit may be heard in court, where both sides present their case before a judge or jury.
The process of bringing asbestos lawsuits is complex and long-winded, as it takes decades between the time of exposure and the diagnosis of mesothelioma or another asbestos-related disease. Each case is unique, however most follow the same legal steps. A mesothelioma lawyer with experience can help you and your family members in navigating the complex legal system. They will collaborate with a team of legal professionals, including paralegals, lawyers, investigators and medical experts.
Mesothelioma, a form of cancer that affects the inner organs' linings, such as the lungs, the heart, and 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 multiple asbestos-related products. Asbestos exposure is so widespread that mesothelioma suits typically involve class actions.
Asbestos litigation can be a bit complicated because the victims must prove that their injuries are a result of asbestos exposure, and that companies exposed them negligently. The most crucial step in an asbestos claim is to find a qualified mesothelioma law firm. An experienced mesothelioma lawyer can review your exposure history and identify the businesses responsible for your illness. They can assist you in filing a lawsuit against the defendants.
The compensation for mesothelioma differs based on the case. However, most patients are compensated for medical bills, lost wages and the possibility of a future prognosis, as as emotional distress, pain and suffering, and their emotional anxiety. Wrongful death damages can also be included in compensation. In a no-cost and no-obligation review of your case, a mesothelioma lawyer will go over the specifics.
Settlements
Asbestos exposure can lead to many illnesses, including mesothelioma. Patients 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 people who were exposed to the toxic substance in their workplaces, military bases or homes, and even as a result of asbestos exposure from secondhand sources. The victims are entitled to reimbursement for medical expenses as well as lost wages (if they were unable work) and pain and suffering. Asbestos victims and their families must be aware of how much their case is worth prior to accepting a settlement from any business.
During the discovery phase of a class-action asbestos lawsuit, both sides gather facts and documents in order to support their assertions. This could take a few months or more, as both teams look for documents and interview witnesses. This information will be used by mesothelioma attorneys to determine the best compensation amount for their clients. They can also look at the victim's military history to determine the when asbestos was exposed. They can also speak with former employees to find more proof that asbestos companies are responsible for the damage suffered by victims.
To permit mesothelioma-related class action lawsuits to be filed, it must be determined that there are enough similarities between the individual cases that it would be inefficient or costly for each to start separate lawsuits. This was especially prevalent in the early days of asbestos litigation before mesothelioma could be definitively linked to exposure to asbestos-containing substances.
Asbestos victims should be prepared to negotiate the highest possible settlement amounts, as those who expose victims often try to settle claims fast to reduce their legal costs. Unfortunately, some victims have accepted settlements that are much less than the true value of their mesothelioma claims. Mesothelioma lawyers can negotiate with asbestos companies to ensure that their clients get fair settlements.
Trial
When the legal process starts, victims and their attorneys will begin gathering evidence to support the case. It could take months when both sides go through documents and speak with witnesses. The evidence collected will help a lawyer determine which companies are accountable to pay the victim. In this time, lawyers can also request the records of asbestos trust funds which are established for the reimbursement of medical bills and expenses incurred by patients suffering from mesothelioma.
Asbestos lawsuits across the country have resulted to multi-million dollar settlements and verdicts. Despite this, the companies who have used asbestos in the past continue to try and avoid responsibility for the effects of their products on people's lives. One method to avoid this is to declare bankruptcy.
The courts were not willing to let companies completely escape obligation to pay. In the end, courts ordered the establishment of asbestos trust funds to hold money for present and future claims. Asbestos trust funds have assets worth more than $30 billion.
Despite the amount of money available, asbestos companies continue to fight victims and their attorneys in court. They have tried to portray them as villains rather than accept the responsibility of exposure of workers to asbestos and causing their illnesses. This is why it is so crucial for victims to choose a law firm that has years of experience fighting on behalf of those affected by asbestos exposure.
Levy Konigsberg has been at the forefront of the fight against asbestos since more than 30 years. We represent mesothelioma patients as well as their families throughout the United States. We have a deep understanding of the companies that produced and sold asbestos-containing products, and we know how to investigate their records and gather evidence to construct strong cases for our clients.
Contact a mesothelioma lawyer for an appointment for a no-cost consultation when you've been diagnosed. We can assist you in obtaining the compensation you deserve. Contact us on our website or by calling 866-454-8529. Fort Worth asbestos lawyer look forward hearing from you.