The Process of Asbestos Class Action Litigation
Get an asbestos lawyer on the case immediately following a mesothelioma diagnosis as is possible. These attorneys can provide guidance 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 meet strict legal requirements, and an extensive investigation is required.
Statute of limitations
Asbestos can have many negative health effects. The most frequent symptoms are lung cancer, mesothelioma and asbestosis. Each of these ailments can be fatal. Asbestos-related ailments are typically compensated for. The statute of limitations, or time limit that a victim has to make a claim, can vary. It is crucial to speak with an asbestos attorney prior to the statute runs out.
In general the statute of limitations "clock" runs at the time a plaintiff knew or should have known that their injury was due to asbestos exposure. Most people will find out when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, a person develops an additional asbestos-related disease years after developing asbestosis or another disease. In these cases, the statute of limitations for the additional condition will begin to run on its own regardless of whether it occurs later than the deadline to file an asbestosis lawsuit.
A number of companies in asbestos-related industries were forced to file for bankruptcy due the enormous liability they faced for their reckless business practices. As a result, companies were forced to create trust funds to pay claims in the future to asbestos victims. However they are also restricted in the amount of victims who can be compensated for their injuries.
The time limit for asbestos cases varies from state to state but in most states the limitation is between two and three years after 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.
Based on Atlanta asbestos attorneys of a situation the asbestos lawyer can sometimes extend the statute of limitations. This is referred to as a statute-of-repose and allows those who are seeking to file a asbestos lawsuit after the deadline for filing a lawsuit has passed. In some cases it is necessary if the injured party hasn't been able to get the required documentation that proves their exposure to asbestos.
Discovery Phase
In the discovery phase, both teams will present evidence they have. This could include documents, photos and historical records that prove that the defendants were exposed asbestos and that they are at fault for mesothelioma. This information can be shared among the two sides and aid your attorney in determining whether there is enough common ground to reach 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 to a jury or judge.
Asbestos lawsuits are complex and lengthy, since it can take decades to diagnose mesothelioma and other asbestos-related diseases. Each case is different, but the basic legal procedure is the same. A mesothelioma lawyer can help you and your family navigate through the complex legal system. They will collaborate with an entire team of legal professionals that includes paralegals, lawyers, investigators and medical experts.
Mesothelioma is a type of cancer that affects the lining of organs internal to them which include the lungs, heart and abdomen. It is triggered by exposure to asbestos which was widely used in the United States during World War II and postwar construction booms. Patients who develop mesothelioma typically are exposed to a variety of asbestos-related products. Asbestos exposure is so widespread that mesothelioma cases typically require class actions.
Asbestos litigation is often complicated since the victims have to prove that their injuries were a result of exposure to asbestos, and that the companies exposed them negligently. Finding a mesothelioma lawyer who is able to handle asbestos claims is the first step. An experienced mesothelioma lawyer will review your exposure history and identify the businesses responsible for your illness. They can help you file an action against the defendants.
Mesothelioma compensation varies from case to case, but the majority of victims receive compensation for their past and current medical bills, lost wages, the future prognosis for their life as well as emotional distress and pain and suffering. Compensation may also cover wrongful death damages. A mesothelioma lawyer will discuss the details of your case during a free, no-obligation case review.
Settlements
Many workers who worked with asbestos were exposed to the substance for a long time. This exposure could have resulted in different types of illness, including mesothelioma. Individuals who have been diagnosed with mesothelioma need experienced legal counsel to pursue justice against the businesses responsible 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 dangerous substance at their workplaces or military bases, homes and even because of secondhand asbestos exposure. These individuals need compensation for their medical expenses and lost wages if they were unable to work, and for their suffering and pain. Before accepting a settlement, asbestos victims and their families must to know how much their case is really worth.
During the discovery phase of asbestos class action lawsuit, both sides gather facts and documents to prove their claims. It could take several months for the two teams to search for documents and to interview witnesses. This information will be used by mesothelioma attorneys to determine the best compensation amount for their clients. They can look into the victim's job and military history to determine the time when asbestos was exposed. They may also speak to former employees to obtain more proof that asbestos-related companies are responsible for the victims' damages.
To permit mesothelioma-related class action lawsuits to proceed, it must be determined that there are enough similarities between the individual cases that it would be impractical or difficult for each to make separate lawsuits. This was especially prevalent in the early days of asbestos litigation, long before mesothelioma had been definitively linked to exposure to asbestos-containing substances.
Asbestos patients must be prepared to negotiate the most favorable possible settlement amounts, as companies that expose victims will often seek to settle claims fast to save money on legal costs. Unfortunately, some victims accepted settlements that were far less than the actual value of their claim for mesothelioma. Mesothelioma lawyers can negotiate with asbestos companies to make sure their clients get fair settlements.
Trial
As soon as the legal process begins, victims and their attorneys begin collecting evidence to support the case. It could take months as both sides look over documents and speak with witnesses. The evidence gathered will help a lawyer decide which companies are responsible to pay the victim. During this time, the lawyers may also request records from asbestos trust funds which are set up to cover victims' medical bills and other expenses related to their mesothelioma diagnosis.
Asbestos-related lawsuits have led to settlements and verdicts of millions of dollars for victims across the nation. Despite this, the companies who have employed asbestos in the past continue to try and avoid responsibility for the impact of their products on human lives. Insolvency is one method to accomplish this.
However, courts were not willing to let companies be completely free of responsibility. The courts ruled that the companies establish asbestos trust funds in order to hold money to cover future and current claims. Asbestos trust funds are now amassed more than $30 billion of assets.
Despite the huge sums of money available asbestos companies continue to fight victims and their lawyers in court. They have tried portraying them as villains instead of admitting that they are responsible for exposing asbestos workers and causing ailments. This is why it is so crucial for victims to work with a law firm with years of experience fighting on behalf of the victims of asbestos exposure.
Levy Konigsberg LLP has been a pioneer in the fight against asbestos for over 30 years. We represent patients with mesothelioma and their families across the United States. We have a thorough understanding of the businesses that made and sold asbestos-containing products and we know what to do to gather evidence and investigate their records to build solid cases for our clients.
Contact a mesothelioma attorney for an initial consultation for free if you have been diagnosed. We can assist you in getting the compensation you deserve. Call us at 866-454-8529 or contact our website. We are looking forward to hearing from you.