The Process of Asbestos Class Action Litigation
Patients diagnosed with mesothelioma should consult a knowledgeable asbestos lawyer as soon as possible. These attorneys can guide you through the entire process of filing an asbestos lawsuit.
Mesothelioma lawyers are aware that class action litigation differs from the traditional personal injury lawsuits. These 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 frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these diseases can be fatal. Asbestos-related diseases are usually compensated for. However the statute of limitations - the time period within which a person can file a lawsuit-can vary. It is essential to consult with an asbestos lawyer before the statute of limitations expires.
In general the statute of limitations "clock" runs at the point when a plaintiff realized or should have known their injury was due to asbestos exposure. The majority of people find out when they are diagnosed as mesothelioma, or some other asbestos-related disease. Sometimes, people develop an additional asbestos-related disease after developing asbestosis or another disease. In St. Joseph asbestos lawsuit though the deadline for filing a lawsuit against asbestosis has been met but the time limit for the condition that was not previously treated will begin to run.
Many companies in the asbestos industry declared bankruptcy due to the huge liabilities they were facing as a result of their reckless business practices. As a result, the companies were forced to establish trust funds that are intended to pay future claims to asbestos victims. These funds have a limit on the number of asbestos victims who can be compensated.
The time-limit for an asbestos case is different for each state, but most have a limit of between two and three years from the date of diagnosis. The timeline may also be impacted by factors like the length of time that a person has been exposed to asbestos, if they moved between states and what type of work they performed.
An asbestos lawyer can sometimes extend the statute of limitations according to the specific circumstances of the case. This is called a statute of repose and it permits those who are seeking to bring 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 obtain important documentation that proves asbestos exposure.
Discovery Phase
During the discovery phase both teams will present evidence they have. Photographs, documents, and historical documents can be used to demonstrate that the defendants were exposed asbestos and responsible for your mesothelioma. This information can be shared with the other team and could help your lawyer determine if there is enough common ground to reach an agreement. If, however, there is not sufficient agreement, the lawsuit may be brought to trial, in which both sides present their case to a judge or jury.
The legal process for asbestos lawsuits can be complicated and long-winded, as it can take years between the time of exposure and the diagnosis of mesothelioma or an asbestos-related disease. Each case is unique however the essential legal procedures are the same. A mesothelioma lawyer can assist you and your family navigate the complicated legal system. They will collaborate with an entire team of legal professionals, including lawyers, paralegals investigators, medical experts and investigators.
Mesothelioma is a kind of cancer that affects the lining of internal organs such as the lungs, heart, and abdomen. The cancer is caused by asbestos exposure, which was extensively used in the United States after World War II. People who develop mesothelioma often are exposed to a variety of asbestos-related products. Because asbestos exposure is widespread, mesothelioma lawsuits usually involve class action claims.
Asbestos litigation can be complex, as victims must prove that their injuries are a result of asbestos exposure, and that companies exposed them negligently. The most important thing to do in an asbestos claim 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 assist you in filing an action against the defendants.
Mesothelioma compensation is different depending on the case, but most compensate victims for their past and present medical bills, lost wages, the future prognosis for their life, emotional distress and pain and suffering. Compensation may also cover damages for wrongful death. A mesothelioma lawyer will discuss the details of your case in a complimentary consultation, without obligation.
Settlements
Asbestos exposure can lead to many illnesses, including mesothelioma. Legal representation is essential for individuals who have been diagnosed as mesothelioma sufferers to seek justice against those who are responsible for their injuries. The asbestos companies are accountable for their negligence, and they must compensate victims and their families.
Mesothelioma lawsuits are filed by those who were exposed to asbestos in their workplaces, homes, military bases, or even at home. The victims are entitled to reimbursement for medical expenses and lost wages (if they were unable work) and pain and suffering. Asbestos victims and their families need to know the value of their case worth before signing a settlement with any company.
During the discovery phase of asbestos class action lawsuit, both sides gather facts and documents to prove their assertions. It can take several months for the two sides to search for documents and to interview witnesses. This information will be used by mesothelioma attorneys to determine the most appropriate compensation amount for their clients. They might look at the victim's military and work history to determine when the client was exposed to asbestos as well as speak with former employees who can provide additional evidence that the asbestos companies are responsible for the victims' damages.
It must be determined, before a mesothelioma lawsuit can be filed that there are enough similarities between the individual cases to make it unpractical or burdensome to make separate lawsuits. This was particularly common in the early days of asbestos litigation prior to the time mesothelioma was definitively linked to exposure to asbestos-containing substances.
Asbestos sufferers must be prepared to negotiate the highest settlement amount, as businesses who expose victims often settle claims quickly to save money. Unfortunately, some victims accepted settlements that were far less than the true value of their claim for mesothelioma. Mesothelioma lawyers can negotiate with a variety of asbestos companies to ensure that their clients receive fair settlements.
Trial
When the legal process starts, victims and their attorneys begin collecting evidence to support their case. It can take several months for both sides to look over documents and speak with witnesses. The evidence collected will assist a lawyer in determining which companies are responsible to pay the victim. During this time, lawyers may also request information from asbestos trust funds, which are set up to pay for 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 nation. Despite this, companies that employed asbestos in the past continue to attempt to avoid accountability for the negative impact 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 their responsibility. In the end, courts required that they establish asbestos trust funds to store money for present and future claims. Asbestos funds now have assets worth more than $30 billion.
Despite the huge sums of money available, asbestos companies have continued to fight the victims and their lawyers in court. They have tried to portray them as villains, rather than admitting that they are responsible for exposing asbestos workers and causing diseases. It is essential that asbestos victims partner with a company who has been fighting for asbestos victims for many years.
Levy Konigsberg has been at the forefront of the fight against asbestos for more than 30 years. We represent mesothelioma victims 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 records and gather evidence to create 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 getting the compensation you deserve. Contact us at 866-454-829 or contact our website. We look forward to hearing from you.