The Process of Asbestos Class Action Litigation

Get an asbestos lawyer on the case as soon after the diagnosis of mesothelioma is possible. They can guide you through the entire process, including submitting an asbestos lawsuit.

Mesothelioma lawyers recognize that class action litigation differs from traditional personal injury cases. The lawsuits must be in compliance with strict legal requirements and an exhaustive investigation is required.

Statute of limitations

Asbestos exposure may have various negative effects on the health of people who are affected. The most common symptoms of asbestosis, mesothelioma, and lung cancer are listed below. Each of these diseases can be fatal. Asbestos-related ailments are typically compensated for. However the statute of limitations, which is the period of time within which a victim can file a lawsuit - may differ. It is important to consult an experienced asbestos lawyer prior to the statute of limitations expires.

In general, the statute of limitations "clock" runs at the point when a plaintiff knew or should have known that their injury was caused by asbestos exposure. Most people discover when they are diagnosed having mesothelioma, or another asbestos-related disease. Occasionally, a person will develop an additional asbestos-related condition several years after the first time they diagnosed with an asbestosis or another disease. In these cases, the statute of limitations for the additional condition will begin to run by itself even if it's after the deadline to file an asbestosis lawsuit.

Several companies involved in asbestos industries filed for bankruptcy due to the huge liability they incurred for their business practices that were reckless. In Longmont asbestos lawyers Links to an external site. , the companies were forced to set up 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 statute of limitations for asbestos cases will vary between states, but in most states the timeframe is two to three years after the diagnosis. The timeline could also be affected by factors like the length of time someone was exposed to asbestos, and the time they spent in one state to another.

Depending on the circumstances of a specific situation An asbestos lawyer may sometimes extend the statute of limitations. This is called a statute of repose, and allows those who are seeking to bring an asbestos lawsuit even after the statute of limitations is reached. In certain situations, a claimant may need an extension if they have not been able obtain important documentation that proves asbestos exposure.

Discovery Phase

During the discovery stage during the discovery phase, both teams will present any evidence they have. This could include documents, photos and historical records to prove that the defendants were exposed to asbestos and that they are the ones responsible for your mesothelioma. This information can be shared with the other side and aid your lawyer in determining if there is enough common ground to reach a settlement. However, if there isn't enough agreement, the case could be heard in court, in which both sides present their arguments to the jury or judge.

Asbestos lawsuits can be complex and lengthy, as it can take a long time to diagnose mesothelioma and other asbestos-related diseases. Each case is different, but the majority follow the same legal procedure. An experienced mesothelioma attorney will assist you and your family members in navigating the complex legal system. They will collaborate with a network of legal professionals, including paralegals, investigators and lawyers and medical experts.

Mesothelioma is a form of cancer that affects the lining of organs internal to them, including the lungs, heart and abdomen. The cancer is caused by asbestos exposure which was extensively used in the United States after World War II. Mesothelioma can be caused by exposure to multiple asbestos products. Because asbestos exposure is so widespread, mesothelioma lawsuits usually involve claims for class action.

Asbestos litigation can be complicated as it requires the victims to prove that their injuries are due to asbestos exposure and that companies were negligent in the exposure of asbestos. The most crucial step in a claim for asbestos damages is to find a qualified mesothelioma law firm. A mesothelioma lawyer can look over your exposure history and determine which companies are responsible for your illness. They can assist you in filing a lawsuit against the defendants.

The amount of compensation for mesothelioma is contingent on the specific case. However, most victims are compensated for medical bills, lost wages and the possibility of a future prognosis, as as emotional suffering, pain and distress and emotional distress. Compensation may also include damages for wrongful death. For a no-cost, free review of your case A mesothelioma lawyer will go over the specifics.

Settlements

Asbestos exposure can trigger a variety of illnesses including mesothelioma. Legal representation is needed by individuals who have been diagnosed as mesothelioma sufferers to seek justice against those responsible for their injuries. The asbestos companies are accountable for their negligence, and they must compensate victims and their families.

Mesothelioma lawsuits can be filed on behalf of those who were exposed to the harmful substance in their workplaces at military bases, homes or because of secondhand asbestos exposure. The victims need compensation for their medical expenses as well as lost earnings if they were unable to work and their pain and suffering. Before accepting a settlement asbestos victims and their families need to know how much their case is really worth.

During the discovery phase of asbestos class action lawsuits, both sides gather facts and documents to support their assertions. It could take several months for the two teams to find documents and interview witness. The information gathered will be used by mesothelioma attorneys to determine the most suitable compensation amount for their clients. They may examine the victim's work and military history to determine the period in which asbestos was exposed. They can also talk with former employees to find more evidence that asbestos-related companies are responsible for the damages suffered by victims.

It must be determined prior to a mesothelioma suit can be filed that there are sufficient similarities between the cases to make it impractical or costly to bring separate lawsuits. This was especially common in the beginning of asbestos litigation before mesothelioma was definitively linked to exposure to asbestos-containing products.


Asbestos sufferers must be ready to negotiate for the most favorable settlement amount, as companies who expose victims often settle claims quickly in order to save money. Some victims have taken advantage of settlements that are much less than the true value of their mesothelioma claim. Mesothelioma lawyers can negotiate with asbestos companies to ensure that their clients receive fair settlements.

Trial

Once the legal process begins the attorneys and victims will begin gathering evidence to support the case. It can take several months for both sides to look over documents and talk to witnesses. The evidence gathered will help a lawyer decide which companies are liable to pay the victim. In this time, lawyers may also request records of asbestos trust funds which are established for the reimbursement of medical bills and expenses incurred by victims with mesothelioma.

Asbestos lawsuits have resulted in settlements and verdicts of millions of dollars for victims across the country. Despite this, the companies who have employed asbestos in the past continue to attempt and avoid responsibility for the effects of their products on people's life. One way to avoid accountability is by declaring bankruptcy.

The courts were not willing to let companies completely escape obligations. The courts ruled that the companies establish asbestos trust funds to store money to cover current and future claims. Asbestos trust funds are now amassed over $30 billion in assets.

Despite the amount of money available, asbestos companies continue to defend 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 their illness. This is why it is important for asbestos victims to partner with a law firm that has years of experience in defending the rights of the victims of 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 across the United States. We have a deep 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 construct solid cases for our clients.

If you've been diagnosed with mesothelioma seek out a mesothelioma lawyer to get a free consultation. We can help you get the compensation you deserve. Contact us on our website or by calling 866-454-8529. We look forward to hearing from you.