The Process of Asbestos Class Action Litigation
Consult an asbestos lawyer immediately following a diagnosis of mesothelioma is possible. They can guide you through the entire process, including filing a asbestos lawsuit.
Mesothelioma attorneys understand that class action litigation is different from traditional personal injury claims. The lawsuits must meet strict legal requirements and an extensive investigation is required.
Statute of Limitations
Asbestos exposure can cause various negative impacts on the health of affected individuals. The most frequent symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions is fatal. Asbestos-related diseases are usually compensated for. However the statute of limitations - the time frame within which a victim can file a lawsuit-can vary. It's important to speak with an experienced asbestos attorney before the statute of limitations expires.
In general, the statute of limitations "clock" begins to run at the point that a plaintiff knew or should have known that their injury was caused by asbestos exposure. For most people, this is when they are diagnosed with mesothelioma or another asbestos-related disease. Sometimes, people develop an additional asbestos-related illness years after acquiring asbestosis or a different disease. In these instances the statute of limitations for the additional condition will begin to run on its own even if it's later than the deadline to file an asbestosis lawsuit.
Many companies involved in asbestos-related industries declared bankruptcy because of the huge liability they incurred for their reckless business practices. In the end, the companies were forced to create trust funds to pay claims in the future to asbestos victims. These funds have a limit on the number of victims who are eligible for compensation.
The statute of limitation for asbestos cases varies from state to state, but in most states the limitation is between two and three years after the diagnosis. The timeline could be affected by a variety of factors like how long the person was exposed to asbestos, and the time they spent in one state to another.
Depending on the circumstances of a specific case An asbestos lawyer may extend the time limit for filing a claim. This is called a statute of repose and allows plaintiffs to file an asbestos lawsuit even after the statute of limitations is reached. In some cases, a claimant may need an extension if they haven't been able obtain important documentation that proves asbestos exposure.
Discovery Phase
During the discovery phase both teams will present evidence they have. Documents, photographs and historical documents can be used to show that the defendants were exposed to asbestos and responsible for your mesothelioma. This information can be shared among the two teams and could help your attorney determine if there is enough common ground to negotiate an agreement. If there is no agreement, then the case may be brought to trial, where both sides will present their arguments before a judge or jury.
The legal procedure for asbestos lawsuits is complex and time-consuming, since it can take decades between the time of exposure and the diagnosis of mesothelioma or an asbestos-related disease. Each case is different however the fundamental legal procedure is the same. An experienced mesothelioma attorney will help you and your family in understanding the complex legal system. They will collaborate with an entire team of legal professionals including lawyers, paralegals investigators, medical experts, and investigators.
Mesothelioma is a type of cancer that affects the lining of internal organs, including the lungs, the heart and abdomen. It is triggered by exposure to asbestos, which was extensively used in the United States during World War II and the postwar boom in construction. Mesothelioma is usually caused by exposure to a variety of asbestos-based products. Asbestos exposure is so widespread that mesothelioma suits often require class actions.
Asbestos litigation is complicated because it requires the victims to prove that their injuries are the result of asbestos exposure, and that the company were negligent in exposed them. Finding a mesothelioma attorney who is able to handle asbestos-related claims is the first step. An attorney for mesothelioma can analyze your history of exposure and determine which companies are accountable for your illness. They can help you file a lawsuit against the defendants.
The compensation for mesothelioma differs based on the particular case. However, most victims receive compensation for medical bills as well as lost wages, and the future prognosis as well in emotional distress, pain and suffering and emotional suffering. Compensation can also include the costs of wrongful death. A mesothelioma lawyer will go over the specifics of your case during a free consultation, without obligation.
Settlements
Many who worked with asbestos were exposed to the material for a long time, and this exposure could have resulted in various types of diseases such as mesothelioma. Patients diagnosed with mesothelioma should seek legal representation to seek justice against the companies accountable for their injuries. The asbestos companies are responsible for their negligence and must compensate victims and their families.
Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the toxic substance in their workplaces, military bases or homes and even due to asbestos exposure from secondhand sources. The victims are entitled to reimbursement for medical expenses and lost wages (if they were unable to work) and suffering. Asbestos victims and their families must understand how much their case is worth prior to accepting a settlement from any company.
During the discovery phase of asbestos class action lawsuits each side gathers facts and documents to prove their assertions. This can take a few months or longer as the two teams search for documents and speak with witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma compensation amount for their clients. They might look at the victim's military and work history to determine when their client was exposed to asbestos as well as speak with former employees who can provide additional evidence that the asbestos companies are accountable for the damages suffered by victims.
To allow mesothelioma-related class action lawsuits to be filed it must be established that there are enough similarities between the individual cases that it would be impractical or difficult for each to file separate lawsuits. This was especially common in the early days of asbestos litigation, long before mesothelioma had been definitively linked to exposure to asbestos-containing materials.
Asbestos victims should be prepared to negotiate the most favorable possible settlement amount, as companies that expose victims will often attempt to settle claims quickly in order to save money on their legal costs. Unfortunately, some victims have accepted quick offers that are significantly less than the true value of their mesothelioma claims. Mesothelioma lawyers can negotiate with multiple asbestos companies to ensure their clients get fair settlements.
El Paso asbestos lawyer
Once the legal process has begun the attorneys and victims will begin gathering evidence for the case. It can take several months for both sides to look over documents and speak with witnesses. The evidence will assist an attorney determine which firms should be compensated to the victim. During this time, lawyers may also request records of asbestos trust funds which are established for the payment of medical bills as well as expenses incurred by those suffering from mesothelioma.
Asbestos-related lawsuits have led to settlements and verdicts in the millions for victims across the nation. Despite this, many companies that once used asbestos continue to try to avoid responsibility for their products' impact on people's lives. Declaring bankruptcy is one way to achieve this.
The courts were not willing to let companies completely escape their responsibility. The courts ordered 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 in assets.
Despite the wealth available, asbestos companies continue to fight victims and their lawyers in court. They have tried to portray the asbestos companies as villains instead of accept their responsibility for the exposure of workers to asbestos, and causing their illnesses. This is why it is crucial for victims to partner with a law firm that has 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 patients with mesothelioma and their families throughout the United States. We have a deep understanding of the businesses that made and sold asbestos-containing product, and we know what to do to gather evidence and investigate their records to construct solid cases for our clients.
Contact a mesothelioma lawyer for a free consultation in case you've been diagnosed. We can assist you in getting the compensation you deserve. Contact us on our website or by calling 866-454-8529. We are looking forward to hearing from you.