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The Process of Asbestos Class Action Litigation Consult an asbestos lawyer immediately following a diagnosis of mesothelioma as possible. These attorneys can assist you through the entire process including filing an asbestos suit. Mesothelioma lawyers are aware that class action litigation is different from traditional personal injury lawsuits. These lawsuits must meet strict legal requirements and an extensive investigation is required. Statute of Limitations Asbestos can have many negative effects on health. The most frequent symptoms of asbestosis, mesothelioma and lung cancer are listed below. Each of these ailments is fatal. Asbestos-related illnesses are often compensated for. However the statute of limitations, which is the period of time within which a person can file a lawsuit-can vary. It is important to consult 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 their injury was due to asbestos exposure. The majority of people find out when they are diagnosed mesothelioma, or some other asbestos-related disease. Occasionally, a person will suffer from an additional asbestos-related illness years after they first diagnosed with an asbestosis or another disease. In these instances, even though the deadline for filing an asbestosis lawsuit has been met but the time limit for the additional condition will start to run. A number of companies operating in the asbestos industry declared bankruptcy because of the massive liability they faced due to their reckless business practices. As a result, companies were forced to set up trust funds to pay future claims to asbestos victims. However the funds are restricted in the amount of victims who can be compensated for their injuries. The time-limit for asbestos cases will differ by state, but most have a limit of between two and three years from the time of diagnosis. The timeline can be affected by a variety of factors like the length of time someone was exposed to asbestos, and whether they relocated from one state to another. Depending on the circumstances of a particular situation An asbestos lawyer may extend the statute of limitations. This is referred to as a statute of repose and it permits those who are seeking to bring an asbestos suit even after the statutory limit has passed. In some instances the claimant may require an extension if they have not been able obtain important evidence of asbestos exposure. Discovery Phase During the discovery phase both teams present what evidence they have. This includes documents, photographs and historical records to show that the defendants were exposed asbestos and that they are responsible for your mesothelioma. This information can be shared between the two teams and can aid your attorney in determining whether there is sufficient common ground to negotiate a settlement. If there isn't a deal or agreement, the case could be brought to trial where both sides will be able to present their case to a jury or judge. The legal procedure for asbestos lawsuits can be complicated and time-consuming, since it can take years between exposure and diagnosis of mesothelioma, or another asbestos-related disease. Each case is unique, but most follow the same basic legal steps. A mesothelioma lawyer can help you and your family navigate the complex legal system. They will collaborate with an entire team of legal professionals including lawyers, paralegals, investigators and medical experts. Mesothelioma is a kind of cancer that affects the lining of internal organs 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. Mesothelioma is usually caused by exposure to a variety of asbestos-based products. Asbestos exposure is so widespread that mesothelioma lawsuits typically require class actions. Asbestos litigation is complex because it requires victims to prove their injuries are due to asbestos exposure and that companies were negligent in exposing them. The most crucial step in an asbestos claim is to locate a reputable mesothelioma law firm. A mesothelioma lawyer with experience can analyze your history of exposure and pinpoint the companies responsible for your illness. They can also assist you to bring a lawsuit against the appropriate defendants. Compensation for mesothelioma varies depending on the case. However, the majority of victims are compensated for their medical bills as well as lost wages, and future prognosis, as well with emotional distress, pain and suffering and emotional anxiety. Compensation may also cover the costs of wrongful death. During a free and no-obligation review of your case an attorney for mesothelioma will discuss the details. Settlements Asbestos exposure can trigger a variety of illnesses including mesothelioma. People who have been diagnosed with mesothelioma require legal representation to seek justice against the companies accountable for their injuries. Plano asbestos lawyer must be held accountable for their negligence and must compensate victims and their families. Mesothelioma lawsuits can be filed on behalf of people who were exposed to the toxic substance at their workplaces or military bases, homes, and even because of asbestos exposure through secondhand sources. They are entitled to compensation for medical expenses and lost wages if they were unable to work and their suffering and pain. Before settling a case asbestos victims and their families must to know how much their case is really worth. During the discovery phase of an asbestos class action lawsuit, both sides gather facts and documents to prove their assertions. This could take a few months or more, as both teams look for documents and speak with witnesses. The information will be used by mesothelioma lawyers to determine the most suitable compensation amount for their clients. They may look at the victim's work and military history to determine when their client was exposed to asbestos, as well as talk to former employees who can provide additional evidence that the asbestos companies are responsible for the damages suffered by victims. It must be established prior to a mesothelioma suit can be filed that there are enough similarities in the individual cases to make it impossible or burdensome to make separate lawsuits. This was especially common in the beginning of asbestos litigation, before mesothelioma was definitively linked to exposure to asbestos-containing materials. Asbestos victims must be prepared to negotiate the highest possible settlement amount, since companies that expose victims will often try to settle claims fast to save money on legal costs. Some victims were able to accept offers that were far below the true 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 the victims and their lawyers will begin gathering evidence for the case. It could take several months for both sides to review documents and speak with witnesses. The evidence will help an attorney decide which companies are responsible for compensating the victim. In this time, lawyers can also request the records of asbestos trust funds which are established for the reimbursement of medical bills and expenses incurred by those suffering from mesothelioma. Asbestos lawsuits have resulted in multi-million dollar verdicts and settlements for victims across the nation. Despite this, companies who have employed asbestos in the past continue to try to avoid accountability for the negative impact of their products on human life. Declaring bankruptcy is one way to achieve this. However, courts were not willing to let the companies escape responsibility entirely. Therefore, the courts required that they establish asbestos trust funds to store money for present and future claims. Asbestos trust funds have amassed more than $30 billion in assets. Despite the amount of money available asbestos companies continue to fight victims and their attorneys in court. They have tried portraying them as villains, rather than admitting that they are responsible for the exposure of asbestos workers and causing their ailments. It is crucial that asbestos victims work with a firm who 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 sufferers and their families across the United States. We are knowledgeable about the companies that manufactured and sold asbestos-containing products and we know how to look into their records and gather evidence to create strong cases for our clients. If you have 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 on our website or phone number 866-454-829. We are looking forward to hearing from you.