What Is Asbestos Class Action Litigation And Why Is Everyone Speakin' About It?
The Process of Asbestos Class Action Litigation
Get an asbestos lawyer on the case as soon after a diagnosis of mesothelioma is possible. They can guide you through the entire process, including filing an asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation is different from traditional personal injury cases. These lawsuits need to meet strict legal requirements and an exhaustive investigation is required.
Statute of Limitations
Asbestos exposure can cause various negative consequences on the health of those affected. The most frequently reported symptoms are mesothelioma, lung cancer and asbestosis. Each of these ailments can be fatal. Asbestos-related victims with an illness that has been diagnosed are usually legally liable for compensation. The statute of limitations, or time frame that a victim has to bring a lawsuit, may differ. It is important to consult an experienced asbestos lawyer prior to the statute of limitations expires.
In general the statute of limitations "clock" starts to run at the time the plaintiff was aware or should have known that their injury was caused by asbestos exposure. The majority of people find out when they are diagnosed having mesothelioma, or another asbestos-related disease. Sometimes, a person develops an additional asbestos-related disease years after acquiring asbestosis or a different disease. In these cases the statute of limitations for the condition will start to run on its own, even if it is later than the deadline to file an asbestosis lawsuit.
Several companies involved in asbestos-related industries filed for bankruptcy due to the enormous liability they faced for their reckless business practices. As a result, companies were forced to establish trust funds that are intended to pay claims in the future to asbestos victims. However they are also limited in the number of asbestos victims who will be compensated for their injuries.
The statute of limitation for asbestos cases will vary from state to state but in most states the limitation is between two and three years after the diagnosis. The timeline could also be affected by factors like the length of time the person was exposed to asbestos and the time they spent in one state to another.
A lawyer for asbestos can sometimes extend the statutes of limitations according to the specific circumstances of the case. This is referred to as a statute of repose and allows plaintiffs to file an asbestos lawsuit even after the statute of limitations is reached. In certain situations it is possible for a claimant to need an extension if they've not been able to obtain the necessary documentation that proves asbestos exposure.
Discovery Phase
During the discovery phase, both teams present what evidence they have. This can include photographs, documents and historical records to prove that the defendants were exposed to asbestos and are responsible for mesothelioma. This information can be shared among the two teams and could help your attorney determine if there is enough common ground to reach an agreement. However, if there is not sufficient agreement, the lawsuit may be brought to trial, where both sides will present their arguments to the jury or judge.
Asbestos lawsuits are complex and long-winded, as it can take a long time to determine mesothelioma or other asbestos-related diseases. Each case is unique, however most follow the same basic legal procedure. A mesothelioma attorney can help you and your family navigate through the complex legal system. why asbestos litigation are important will work with a team of legal professionals, such as paralegals, investigators and lawyers and medical experts.
Mesothelioma is a type of cancer that affects the inner organs' linings, like the lungs, the heart, and the abdomen. The cancer is caused by asbestos exposure, which was extensively used in the United States after World War II. The majority of people who develop mesothelioma are exposed to multiple asbestos products. Because asbestos exposure is so widespread, mesothelioma lawsuits often involve claims for class action.
Asbestos litigation can be complicated as it requires the victims to prove that their injuries are due to asbestos exposure and that the companies were negligent in exposing them. The most important step in a claim for asbestos damages is to find a qualified mesothelioma law firm. An experienced mesothelioma lawyer will review your exposure history and identify the companies responsible for your condition. They can also assist you to file a lawsuit against the appropriate defendants.
Mesothelioma compensation varies from case to case, however, most victims are compensated for their past and current medical bills, lost wages, future prognosis and life expectancy, emotional distress and suffering. Damages for wrongful death can also be included in compensation. A mesothelioma attorney will discuss the details of your case in a complimentary review of your case, with no obligation.
Settlements
Many workers who worked with asbestos were exposed to the substance for decades, and this exposure may have led to various types of diseases, including mesothelioma. Legal representation is needed by individuals who have been diagnosed as mesothelioma sufferers to seek justice against those responsible 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 harmful substance at their workplaces, military bases or homes due to asbestos exposure through secondhand sources. The victims are entitled to compensation for medical expenses and lost earnings if they were unable to work and their pain and suffering. Before settling a case, asbestos victims and their families need to know the value of their case is worth.
During the discovery phase of a asbestos class-action lawsuit, both sides gather facts and documents in order to support their claims. It may take a few months for the two sides to find documents and interview witness. The information will be used by mesothelioma attorneys to determine the most appropriate amount of compensation for their clients. They can look into the victim's work and military history to determine when their client was exposed to asbestos, as well as speak with former employees who can provide more evidence that asbestos companies are liable for the victims' damages.
To permit mesothelioma-related class action lawsuits to proceed it must be decided that there are enough commonalities between the individual cases that it would be impractical or burdensome for them to file separate lawsuits. This was especially common in the early days of asbestos litigation prior to the time mesothelioma was definitively linked to exposure to asbestos-containing products.
Asbestos sufferers must be prepared to negotiate for the most favorable settlement amount, as companies who expose victims often settle claims quickly in order to save money. However, some victims have accepted offers that were far below the true value of their claim for mesothelioma. Mesothelioma lawyers can negotiate with a variety of asbestos companies to ensure that their clients get fair settlements.
Trial
As soon as the legal process starts, victims and their attorneys begin to collect evidence to support the case. It could take months as both sides look over documents and speak with witnesses. The information gathered will assist a lawyer in determining which companies are responsible to compensate the victim. In this process, lawyers can also request documents from asbestos trust funds which are established to pay for victims' medical expenses and other expenses related to their mesothelioma diagnosis.
Asbestos lawsuits across the country have resulted to multi-million dollar settlements and verdicts. Despite this, companies that employed asbestos in the past continue to attempt to avoid responsibility for the effects of their products on the human life. Insolvency is one method to accomplish this.
The courts were not prepared to let companies completely escape their responsibility. The courts ruled that the companies set up asbestos trust funds to keep money in reserve 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 victims and their lawyers in court. They have tried to portray them as villains, rather than accepting the responsibility of the exposure of asbestos workers and causing illnesses. This is why it is important for asbestos victims to choose a law firm with years of experience in defending the rights 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 patients as well as their families throughout 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 investigate their records to create strong cases on behalf of our clients.
Contact a mesothelioma lawyer to arrange for a free consultation if you have been diagnosed with mesothelioma. We can help you get the compensation you deserve. Contact us through our website or by calling 866-454-8529. We are looking forward to hearing from you.