The Process of Asbestos Class Action Litigation
Anyone diagnosed with mesothelioma must seek out an experienced asbestos lawyer as soon as they can. These lawyers 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 claims. The lawsuits must be in compliance with strict legal requirements and a thorough 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 diseases can be fatal. Asbestos victims who have an illness that has been diagnosed are usually entitled to compensation. However, the statute of limitations-the period of time within which an individual can file a lawsuit-can vary. It is crucial to speak with an asbestos lawyer before the statute runs out.
In the majority of cases, a plaintiff's "clock" starts to run when they are aware or have been aware that their injuries were caused by exposure to asbestos. The majority of people find out when they are diagnosed as mesothelioma, or some other asbestos-related disease. Sometimes, people develop a second asbestos-related disease several years after the first time they developed an asbestosis or other disease. In these cases, even though the deadline for filing a claim against asbestosis has been met and the statute of limitations for the additional condition will begin to run.
Many companies involved in asbestos-related industries were forced to file for bankruptcy due the massive liability they faced for their business practices that were reckless. As a result, the companies were forced to create trust funds to pay future claims to asbestos victims. These funds have a limit on the number of asbestos victims who can be compensated.
The statute of limitations for an asbestos-related case will differ by state, but generally there is the limitation of between two and three years from the date of diagnosis. The timeline can be affected by other factors like how long an individual was exposed to asbestos, and whether they relocated from one state to another.
Depending on the circumstances of a particular situation the asbestos lawyer can extend the time limit for filing a claim. This is referred to as a statute of repose, and it allows plaintiffs to file an asbestos lawsuit after the statute of limitations has expired. In some instances, a claimant may need an extension if they've not 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 liable for your mesothelioma. This information can be shared between the two teams and could help your lawyer determine if there is enough common ground to negotiate an agreement. If there isn't a deal and the case is not settled, it could be brought to trial where both sides will present their cases before a judge or jury.
Asbestos-related lawsuits are complicated and lengthy, since it can take a long time to identify mesothelioma and other asbestos-related diseases. Each case is unique, but most follow the same basic legal steps. An experienced mesothelioma attorney can assist you and your family in understanding the complex legal system. They will collaborate with an entire team of legal professionals, including paralegals, lawyers, investigators and medical experts.
Mesothelioma is a form of cancer that affects the lining of organs internal to them which include the lungs, heart, and abdomen. It is caused by exposure to asbestos, which was extensively used in the United States during World War II and the postwar boom in construction. Mesothelioma is often caused due to exposure to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits often involve claims for class action.
Asbestos litigation is complex because it requires victims to prove their injuries result from asbestos exposure, and that the company were negligent in exposing them. Finding a mesothelioma lawyer who is able to handle asbestos-related claims is the first step. An attorney for mesothelioma can analyze your exposure history and identify the companies that are responsible for your illness. They can help you file a lawsuit against the defendants.
Mesothelioma compensation is different from case to case, however, most victims are compensated for their past and current medical expenses, lost wages, future prognosis and outlook for life emotional distress, pain and suffering. Wrongful death damages can also be included in compensation. For a no-cost, free review of your case an attorney for mesothelioma will go over the specifics.
Settlements
Many people who worked with asbestos were exposed to the material for a long time, and this exposure could have caused several types of illnesses 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 they must compensate victims and their families.
Mesothelioma lawsuits can be filed by victims who were exposed to asbestos in their workplaces, homes or military bases, or even at home. These individuals are entitled to compensation for medical expenses, lost wages (if they were unable to work) and suffering. Asbestos victims and their families should know the value of their case worth before signing a settlement with any company.
During the discovery phase of a class-action asbestos lawsuit, both parties gather facts and documents to support their assertions. It may take a few months for the two teams to search for documents and to interview witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma settlement amounts for their clients. They might look at the victim's military or work background to determine when their client was exposed to asbestos as well as talk to former employees who can provide more evidence that the asbestos companies are liable for the victims' damages.
It must be established, before a mesothelioma lawsuit is filed that there are sufficient similarities between the cases to make it impractical or difficult to make separate lawsuits. This was especially prevalent in the early days of asbestos litigation, long before mesothelioma had been definitively associated with exposure to asbestos-containing substances.
Asbestos patients must be prepared to negotiate the most favorable possible settlement amount, since companies that expose victims often attempt to settle claims quickly to reduce their legal costs. Sadly, some victims have taken advantage of settlements that are much less than the actual worth of their mesothelioma lawsuit. Waterbury asbestos attorneys can negotiate with asbestos companies to ensure their clients receive fair settlements.
Trial
When the legal process starts, victims and their lawyers begin to collect evidence to support their case. It can take a few months for both sides to review documents and speak with witnesses. The evidence can help an attorney determine which companies are responsible for compensating 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 connected to their mesothelioma diagnose.
Asbestos lawsuits have resulted in multi-million dollar verdicts and settlements for victims across the country. However, companies who have used asbestos in the past continue to attempt to avoid responsibility for the impact of their products on the human life. One way to avoid accountability is to declare bankruptcy.
However, the courts weren't going to allow companies to avoid responsibility completely. Therefore, the courts ordered the establishment of asbestos trust funds to hold funds for future and present claims. Asbestos trust funds currently have assets of more than $30 billion.
Despite the wealth available, asbestos companies have continued to fight victims and their lawyers in court. They have tried to cast them as villains rather than accept the responsibility of exposure of workers to asbestos and causing illness. It is important that victims work with a firm that has fought for asbestos victims for a number of years.
Levy Konigsberg LLP has been a pioneer in the fight against asbestos for more than 30 years. We represent mesothelioma patients and their families across the United States. We are knowledgeable about the companies that manufactured and sold asbestos-containing goods, and we know how to look into their records and gather evidence to construct strong cases for our clients.
Contact a mesothelioma lawyer for an initial consultation for free when you've been diagnosed. We can assist you in getting the compensation you deserve. Contact us via our website or call 866-454-8529. We would love to hear from you.