The Process of Asbestos Class Action Litigation
Contact an asbestos lawyer as soon after the diagnosis of mesothelioma as possible. They can offer guidance throughout the entire process including filing a asbestos lawsuit.
Mesothelioma lawyers understand that class action litigation differs from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements and an extensive investigation is required.
Statute of Limitations
Asbestos has a variety of negative effects on health. The most frequent symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these conditions can be fatal. Asbestos-related diseases are usually compensated for. However the statute of limitations, which is the time frame within which a victim can file a lawsuit-can vary. It is important to consult with an asbestos attorney prior to the statute runs out.
In the majority of cases, a plaintiff's "clock" begins to run when they knew or should have known that their injuries were caused by exposure to asbestos. For most people, this is when they are diagnosed with mesothelioma or other asbestos-related illness. Sometimes, a person develops an additional asbestos-related disease years after acquiring asbestosis or a different disease. In these cases the statute of limitation for the additional condition will start to run on its own even if it's after the deadline to file an asbestosis lawsuit.
Several companies involved in the asbestos industry were forced to file for bankruptcy due 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 out future claims to asbestos victims. The trust funds have a limit on the number of victims who are eligible for compensation.
The time limit for an asbestos-related case will vary by state, but the majority have the limitation of between two and three years from the date of diagnosis. The timeframe can also be affected by factors such as how long an individual was exposed to asbestos, and whether they moved from one state to another.
A lawyer for asbestos can sometimes extend the statutes of limitation according to the specific circumstances of the case. This is called a statute of repose and it permits claimants to bring an asbestos lawsuit after the statute of limitations has passed. In certain situations it is possible for a claimant to need an extension if they've not been able to obtain the necessary evidence of asbestos exposure.
Discovery Phase
In the discovery phase, both teams will present any evidence they have. Documents, photographs and historical records can be used to demonstrate 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 lawyer determine whether there is sufficient common ground to negotiate an agreement. If there is not sufficient agreement, the lawsuit could be heard in court, where both sides present their arguments to a judge or jury.
The legal procedure for asbestos lawsuits is complicated and lengthy, as it can take years between the time of exposure and the diagnosis of mesothelioma or another asbestos-related disease. Each case is different, but the basic legal steps are similar. A mesothelioma lawyer can assist you and your family navigate through the complex legal system. They will work 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 such as the lungs, the heart and abdomen. It is caused by exposure to asbestos which was used extensively in the United States during World War II and the postwar boom in construction. The majority of people who develop mesothelioma are exposed to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits usually include class action lawsuits.
Asbestos litigation can be a bit complicated since the victims have to prove that their injuries are a result of exposure to asbestos, and that the company exposed them negligently. The most crucial step in a claim involving asbestos is to locate a reputable mesothelioma law firm. An experienced mesothelioma lawyer can analyze your history of exposure and pinpoint the companies responsible for your condition. They can also help you bring a lawsuit against the appropriate defendants.
Mesothelioma compensation varies from case to case but the majority of victims receive compensation for their past and present medical expenses, lost wages, future prognosis and outlook for life emotional distress, pain and suffering. In addition, damages for wrongful death may be included in compensation. During a free and absolutely no-obligation evaluation of your case A mesothelioma lawyer will go over the specifics.
Settlements
Asbestos exposure can trigger a variety of illnesses including mesothelioma. Patients diagnosed with mesothelioma require legal representation to seek justice against the companies 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 those who were exposed to the toxic substance in their workplaces, military bases or homes because of asbestos exposure from secondhand sources. They are entitled to reimbursement for medical expenses and lost wages (if they were unable work) as well as pain and suffering. Before accepting a settlement, asbestos victims and their families must to know how much their case is really worth.
During the discovery phase of a class-action asbestos lawsuit, both parties collect facts and documents in order to support their claims. It can take several months for the two teams to locate documents and to interview witnesses. The information will be used by mesothelioma attorneys to determine the best compensation amount for their clients. They can look into 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 injuries suffered by victims.
It is essential to determine prior to a mesothelioma suit can be filed, that there are enough similarities between the individual cases to make it impossible or costly to make separate lawsuits. This was especially prevalent in the early days of asbestos litigation prior to the time mesothelioma was definitively linked to exposure to asbestos-containing products.
Asbestos patients must be prepared to negotiate the highest possible settlement amounts, as companies that expose victims will often try to settle claims quickly in order to save money on legal costs. Some victims were able to accept offers that were significantly less than the true value of their claim for mesothelioma. Mesothelioma attorneys can negotiate with a variety of asbestos companies to ensure their clients receive fair settlements.
Trial
When the legal process starts, victims and their attorneys begin to gather evidence for the case. This can take months when both sides go through documents and interview witnesses. The evidence will help an attorney determine which firms are responsible for compensating the victim. During this time, the lawyers can also request documents from asbestos trust funds which are created to cover victims' medical bills and other expenses associated with their mesothelioma diagnosis.
Asbestos lawsuits have led to settlements and verdicts in the millions for victims across the nation. However, companies who employed asbestos in the past continue to attempt to avoid responsibility for the effects of their products on human lives. Insolvency is one method to accomplish this.
The courts were not willing to let companies completely escape their obligations. The courts ruled that the companies set up asbestos trust funds to keep money in reserve to cover future and current claims. Asbestos trust funds have now amassed more than $30 billion in assets.
Despite the amount of money available asbestos companies continue to fight victims and their lawyers in court. They have tried to portray them as villains, rather than accepting their responsibility for exposing asbestos workers and causing their ailments. It is essential that asbestos victims partner with a company who has been fighting for asbestos victims for many years.
Levy Konigsberg LLP has been an innovator in the fight against asbestos for over 30 years. We represent mesothelioma patients and their families throughout the United States. We have a deep understanding of the companies that manufactured and sold asbestos-containing goods, and we know how to look into their records and gather evidence to build strong arguments for our clients.
If you've been diagnosed with mesothelioma, contact a mesothelioma attorney for a free legal consultation. We can assist you in getting the compensation you deserve. Contact us at 866-454-8529, or visit our website. Rapid City asbestos lawsuits are looking forward to hearing from you.