The Process of Asbestos Class Action Litigation
Patients diagnosed with mesothelioma should consult a knowledgeable asbestos lawyer as soon as possible. These attorneys can provide guidance through the entire process, including submitting an asbestos lawsuit.
Chula Vista asbestos attorney are aware that class action litigation is different from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements and a thorough investigation will be required.
Statute of Limitations
Asbestos exposure can have various negative impacts on the health of people who are affected. The most frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions can be fatal. Asbestos victims who have an illness that is diagnosed are typically owed compensation. However, the statute of limitations-the period of time within which a victim is able to file a lawsuit-can differ. It's important to speak with an experienced asbestos attorney before the statute of limitations runs out.
In general, the statute of limitations "clock" runs at the point when a plaintiff knew or should have known that their injury was due to asbestos exposure. For the majority of people, this happens when they are diagnosed with a mesothelioma, or any other asbestos-related illness. Sometimes, an individual develops an additional asbestos-related disease after the onset of asbestosis or another disease. In these cases the statute of limitation for the additional condition will start to run by itself, even if it is later than the deadline to file an asbestosis lawsuit.
A number of companies in asbestos-related industries declared bankruptcy because of the massive liability they faced for their business practices that were reckless. The companies were forced to establish trust funds in order 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 the majority have the limitation of two to three years from the date of diagnosis. The time frame can be affected by other factors such as the length of time that a person has been exposed to asbestos, whether they shifted between states and what kind of work they carried out.
A lawyer for asbestos can sometimes extend the statute of limitations depending on the specific circumstances of the case. This is known as a statute-of-repose and allows those who are seeking to file a lawsuit against asbestos after the deadline for filing claims has passed. In certain situations it is required if the victim hasn't been able to obtain important documentation that proves their asbestos exposure.
Discovery Phase
During the discovery stage during the discovery phase, both teams will present any evidence they have. Photographs, documents and historical documents can be used to show that the defendants were exposed asbestos and are responsible for mesothelioma. This information can be shared between the two sides and help your lawyer determine whether there is sufficient common ground to negotiate an agreement. If there is no agreement, then the case may be taken to trial, where both sides will present their arguments to a jury or judge.
The legal procedure for asbestos lawsuits is complicated and long-winded, as it can take decades between exposure and diagnosis of mesothelioma or an asbestos-related disease. Each case is different, but most follow the same basic legal procedure. An experienced mesothelioma attorney will assist you and your family with navigating the complex legal system. They will work with a group of legal professionals, including paralegals, investigators and lawyers and medical experts.
Mesothelioma is a type of cancer that affects the tissues of internal organs such as the lungs, the heart, and abdomen. The cancer is caused by asbestos exposure, which was widely used in the United States after World War II. Patients who develop mesothelioma typically are exposed to multiple asbestos-related products. Because asbestos exposure is widespread, mesothelioma lawsuits usually involve class action claims.
Asbestos litigation can be complicated as it requires the victims to prove that their injuries result from asbestos exposure and that the companies were negligent in the exposure of asbestos. Finding a mesothelioma lawyer that is qualified to handle asbestos-related claims is the first step. An experienced mesothelioma lawyer can review your exposure history and identify the companies responsible for your illness. They can assist you in filing an action against the defendants.
The compensation for mesothelioma differs based on the specific case. However, most victims are compensated for their medical bills as well as lost wages, and the possibility of a future prognosis, as as emotional distress, pain and suffering and emotional suffering. Damages for wrongful death can also be included in compensation. A mesothelioma lawyer will discuss the specifics of your case during a free consultation, without obligation.
Settlements
Many workers who worked with asbestos were exposed to asbestos for a long time. This exposure could have resulted in different types of illness including mesothelioma. Legal representation is required by people who have been diagnosed as mesothelioma sufferers to seek justice against the parties responsible 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 people who were exposed to asbestos in their homes, workplaces and military bases or even at home. They need compensation for their medical expenses as well as lost wages if they were unable to work, and for their pain and suffering. Asbestos victims and their families should be aware of how much their case is worth before signing a settlement with any business.
During the discovery phase of an asbestos class-action lawsuit, both sides gather evidence and documents to support their assertions. This can take a few months or longer as both teams look for documents and speak with witnesses. This information will be used by mesothelioma attorneys to determine the best amount of compensation for their clients. They may examine the victim's work and military history to determine the when asbestos was exposed. They may also speak to former employees to get more evidence that asbestos companies are accountable for the damages suffered by victims.
In order for mesothelioma class action lawsuits to proceed, it must be determined that there are enough commonalities between the individual cases that it would be inefficient or difficult for them all to start separate lawsuits. This was especially prevalent in the early years of asbestos litigation prior to the time mesothelioma was definitively linked to exposure to asbestos-containing products.
Asbestos patients should be prepared to negotiate for the most favorable settlement amount, as businesses who expose victims often settle claims quickly in order to save money. Some victims were able to accept settlements that were far less than the true value of their mesothelioma claims. Mesothelioma attorneys can negotiate with multiple asbestos companies to ensure their clients get fair settlements.
Trial
When the legal process starts the attorneys and victims will begin gathering evidence for the case. It could take months when both sides go through documents and speak with 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 set up to help victims pay their medical bills and other expenses related to their mesothelioma diagnosis.
Asbestos lawsuits have led to settlements and verdicts of millions of dollars for victims across the United States. Despite this, the companies who employed asbestos in the past continue to try and avoid responsibility for the impact of their products on human life. One way to avoid accountability is to declare bankruptcy.
However, courts weren't willing to let the companies be completely free of responsibility. As a result, the courts ordered the establishment of asbestos trust funds that would hold funds for future and present claims. Asbestos trust funds currently have assets of over $30 billion.
Despite the wealth available asbestos companies continue to fight victims and their attorneys in court. They have tried to portray them as villains, rather than accept the responsibility of exposure of workers to asbestos and causing their illness. It is crucial that asbestos victims are partnered with a firm which has been fighting for asbestos victims for a number of years.
Levy Konigsberg has been a leader of the fight against asbestos for more than 30 years. We represent mesothelioma patients as well as 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 collect evidence and review their records to create strong cases for our clients.
If you have been diagnosed with mesothelioma, contact a mesothelioma attorney to get a free consultation. 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.