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The Process of Asbestos Class Action Litigation Contact an asbestos lawyer as soon after a mesothelioma diagnosis as is possible. These attorneys can guide you through the entire process, including filing 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 a thorough investigation is required. Statute of Limitations Asbestos exposure may have a variety of negative consequences on the health of affected individuals. The most frequent symptoms of asbestosis, mesothelioma and lung cancer are listed below. Each of these conditions 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 a victim can file a lawsuit-can vary. It is crucial to speak with an asbestos attorney before the statute expires. In general, the statute of limitations “clock” starts to run at the time the plaintiff was aware or should have known their injury was due to asbestos exposure. For the majority of people, this will be when they are diagnosed with mesothelioma, or any other asbestos-related illness. Sometimes, people develop a second asbestos-related disease years after they first diagnosed with an asbestosis or another disease. In these cases, even though the deadline for filing an asbestosis lawsuit has been met and the statute of limitations for the additional condition will begin to run. A number of companies in the asbestos industry declared themselves bankrupt due to the huge liabilities they faced as a result of their reckless business practices. The companies were required to create trust funds to pay future claims of asbestos victim. The trust funds have a limit on the number of asbestos victims who are eligible for compensation. The time limit for asbestos cases will vary from state to state however, in the majority of states, the timeframe is two to three years after the diagnosis. The time frame can be affected by factors such as the length of time a person was exposed to asbestos, whether they moved between states and what type of work they performed. An asbestos lawyer can sometimes extend the statute of limitations according to the specific circumstances of the case. This is known as a statute-of-repose and allows claimants to file a asbestos lawsuit after the deadline for filing claims has passed. In some cases the claimant may require an extension if they've not been able obtain important documents that prove asbestos exposure. Discovery Phase During the discovery phase each team will present the evidence they have. This includes documents, photographs and historical records that prove that the defendants were exposed asbestos and are the ones responsible for your mesothelioma. This information can be shared with the other team and could help your lawyer determine whether there is enough common ground to reach an agreement. However, if there is not sufficient agreement, the lawsuit may go to trial where both sides present their case to a judge or jury. The legal process for asbestos lawsuits can be complicated and long-winded, as it can take decades between exposure and diagnosis of mesothelioma or another asbestos-related disease. Each case is different however the essential legal steps are similar. A mesothelioma lawyer can assist you and your family navigate the complicated legal system. They will work with a team of legal professionals, including paralegals, lawyers investigators, medical experts, and investigators. Mesothelioma is a form of cancer that affects the lining of organs internal to them such as the lungs, 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 a variety of asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits often include class action lawsuits. Asbestos litigation is often complicated because the victims must prove that their injuries are the result of exposure to asbestos and that the companies exposed them negligently. The most important thing to do in a claim for asbestos damages is to find a competent mesothelioma law firm. An experienced mesothelioma lawyer can analyze your history of exposure and pinpoint the companies that are responsible for your illness. They can also assist you to in filing a lawsuit against appropriate defendants. Mesothelioma compensation is different 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 as well as emotional distress and suffering. Compensation may also include damages for wrongful death. During a free and absolutely no-obligation evaluation of your case, a mesothelioma lawyer will discuss the details. Settlements Many people who worked with asbestos were exposed to the material for a long time, and this exposure could have resulted in different types of illness such as mesothelioma. Legal representation is essential for those who have been identified as mesothelioma patients to seek justice against those responsible for their injuries. The asbestos companies are responsible for their negligence and must compensate the victims and their families. Mesothelioma suits can be filed by people who were exposed to asbestos in their homes, workplaces, military bases, or even at home. They are entitled to compensation for medical expenses, lost wages (if they were unable work) as well as suffering and pain. Asbestos victims and their families need to understand the value of their case worth prior to accepting a settlement offer from any business. During the discovery stage of a asbestos class-action lawsuit, both parties gather evidence and documents to prove their claims. This could take a few months or longer as the two teams search for documents and interview witnesses. This information will be used by mesothelioma attorneys to determine the most suitable compensation amount for their clients. They may look at the victim's military and work history to determine when their client was exposed to asbestos, as well as talk to former employees who can provide further evidence that the asbestos companies are responsible for the injuries suffered by victims. It must be determined prior to a mesothelioma suit is filed that there are sufficient similarities between the cases to make it unpractical or burdensome to file separate lawsuits. Santa Fe asbestos lawsuits was particularly common in the early years of asbestos litigation prior to the time mesothelioma could be definitively linked to exposure to asbestos-containing products. Asbestos victims should be prepared to negotiate the best possible settlement amount, since companies that expose victims will often attempt to settle claims quickly to reduce their legal costs. Some victims were able to accept settlements that were far less than the actual value of their claim for mesothelioma. Mesothelioma lawyers can negotiate with multiple asbestos companies to ensure their clients receive fair settlements. Trial When the legal process starts, victims and their attorneys begin collecting evidence for the case. This could take a long time as both sides look over documents and speak with witnesses. The evidence can help an attorney decide which companies should compensate the victim. During this time, lawyers may also request records of asbestos trust funds that are set up to assist in the payment of medical bills and expenses incurred by patients suffering from mesothelioma. Asbestos lawsuits across the country have resulted to multi-million dollar settlements and verdicts. However the fact that many companies who once used asbestos are now trying to avoid accountability for the impact their products have had on people's lives. One way to do this is by declaring bankruptcy. The courts were not prepared to let companies completely escape responsibility. The courts ordered that the companies set up asbestos trust funds in order to store money to pay for future and present claims. Asbestos trust funds have assets of more than $30 billion. Despite the huge sums of money available, asbestos companies continue to fight victims and their lawyers in court. They have tried to portray them as villains, instead of accepting the responsibility of exposing asbestos workers and causing their ailments. It is crucial that asbestos victims partner with a company who has been fighting for asbestos victims for many years. Levy Konigsberg has been a leader 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 companies that produced and sold asbestos-containing products, and we know what to do to gather evidence and investigate their records to create strong cases for our clients. If you've been diagnosed with mesothelioma contact a mesothelioma attorney for a no-cost consultation. We can help you get the compensation you deserve. Contact us at 866-454-8529, or contact our website. We are looking forward to hearing from you.