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The Process of Asbestos Class Action Litigation Contact an asbestos lawyer immediately following a diagnosis of mesothelioma as possible. These attorneys can assist you through the entire process including filing an asbestos lawsuit. Mesothelioma lawyers understand that class action litigation is different from the traditional personal injury lawsuits. These lawsuits must meet strict legal requirements and an extensive investigation is required. Statute of limitations Asbestos has a variety of negative effects on health. The most common symptoms are mesothelioma, lung cancer and asbestosis. Each of these diseases can be fatal. Asbestos-related victims with an illness that has been diagnosed are usually legally liable for compensation. The statute of limitations, also known as the time period that a victim has to bring a lawsuit, may vary. It's important to speak with an experienced asbestos lawyer prior to the statute of limitations runs out. In general, the statute of limitations “clock” begins to run at the point that a plaintiff realized or should have known their injury was due to asbestos exposure. For most people, this happens when they are diagnosed with mesothelioma or other asbestos-related illness. Sometimes, an individual develops an additional asbestos-related disease years after developing asbestosis or another disease. In these cases the statute of limitations for the condition will begin to run on its own regardless of whether it occurs past the deadline for filing an asbestosis lawsuit. Many companies in the asbestos industry filed for bankruptcy because of the massive liability they faced as a result of their reckless business practices. In the end, the companies were forced to establish trust funds that are intended to pay out future claims to asbestos victims. These funds have a limit on the number of victims who are eligible for compensation. The time-limit for an asbestos case will differ by state, but generally there is a limit of between two and three years from the date of diagnosis. The timeline can be affected by other factors such as how long an individual was exposed to asbestos and whether they moved from one state to another. An asbestos lawyer can sometimes extend the statutes of limitation in accordance with the particular circumstances of the case. This is known as a statute of repose and permits those who are seeking to file an asbestos lawsuit after the deadline for filing a lawsuit has expired. In certain situations the claimant may require an extension if they've not been able to obtain the necessary documentation that proves asbestos exposure. Discovery Phase During the discovery stage the teams will present any evidence they have. This includes documents, photographs and historical records to prove that the defendants were exposed to asbestos and are the ones responsible for mesothelioma. This information can be shared between the two teams and can help your lawyer determine whether there is sufficient agreement to reach a settlement. If, however, there isn't enough agreement, the case could go to trial where both sides present their case before the jury or judge. Asbestos-related lawsuits are complicated and lengthy, since it can take decades to determine mesothelioma or other asbestos-related diseases. Each case is unique, however the majority follow the same legal procedure. An experienced mesothelioma attorney will assist you and your family in navigating the complex legal system. They will collaborate with an entire team of legal professionals that includes paralegals, lawyers, investigators and medical experts. Mesothelioma is a kind 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 widely used in the United States after World War II. Mesothelioma is often caused due to exposure to multiple asbestos-based products. Asbestos exposure is so widespread that mesothelioma lawsuits often involve class actions. Asbestos litigation is complicated because it requires the victims to prove that their injuries result from asbestos exposure and that the companies were negligent in exposed them. The most crucial step in a claim for asbestos damages is to locate a reputable mesothelioma law firm. A mesothelioma attorney can review your exposure history and identify the companies that are responsible for your illness. They can also assist you in filing an action against the defendants. Mesothelioma compensation is different from case to case, however, most victims are compensated for their current and past medical bills, lost wages, future prognosis and outlook for life emotional distress, suffering. Compensation may also cover the costs of wrongful death. A mesothelioma lawyer will discuss the details of your case in a complimentary review of your case, with no obligation. Settlements Asbestos exposure can trigger various illnesses, including mesothelioma. Individuals who have been diagnosed with mesothelioma require legal representation to seek justice against the companies responsible for their injuries. The asbestos companies are accountable for their negligence, and must compensate victims and their families. Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the dangerous substance at their workplaces, military bases or homes, and even as a result of asbestos exposure through secondhand sources. They are entitled to compensation for medical expenses and lost wages (if they were unable work) and suffering. Before settling asbestos victims and their families need to know the value of their case is worth. During the discovery phase of asbestos class action lawsuit, both sides gather evidence and documents to back their claims. This could take a few months or longer as both teams look for documents and speak with witnesses. Mesothelioma lawyers will utilize this information to determine the best mesothelioma compensation amount for their clients. They may examine the victim's work and military background to determine the when asbestos was exposed. They may also speak with former employees to find more proof that asbestos companies are accountable for the damage suffered by victims. To permit mesothelioma-related class action lawsuits to move forward it must be established that there are enough commonalities between the individual cases that it is not feasible or costly for each to start separate lawsuits. This was especially prevalent in the early days of asbestos litigation before mesothelioma was definitively linked to exposure to asbestos-containing substances. Asbestos patients should be prepared to negotiate the most favorable settlement amount, as businesses who expose victims often settle claims quickly in order to save money. Unfortunately, some victims accepted offers that were far below the actual value of their mesothelioma claims. Mesothelioma lawyers can bargain with asbestos companies to ensure their clients get fair settlements. Trial As soon as the legal process begins, victims and their attorneys begin to collect evidence for the case. It could take months when both sides go through documents and interview witnesses. The information gathered will assist a lawyer in determining which companies are accountable to compensate the victim. During this time, lawyers can also request documents from asbestos trust funds, which are established to cover victims' medical expenses and other expenses related to their mesothelioma diagnosis. Asbestos lawsuits have resulted in settlements and verdicts of millions of dollars for victims across the United States. However however, a lot of companies that used asbestos continue to try to avoid responsibility for the impact their products have had on the lives of individuals. One method to avoid this is to declare bankruptcy. The courts were not prepared to allow companies to completely escape their obligations. Joliet asbestos lawsuits ruled that the companies set up asbestos trust funds in order to store money to cover current and future claims. Asbestos trust funds have amassed more than $30 billion of 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, instead of accepting their responsibility for exposing asbestos workers and causing their illnesses. It is essential 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 in the fight against asbestos since over 30 years. We represent mesothelioma sufferers and their families across the United States. We have a thorough understanding of the businesses that made and sold asbestos-containing products, and we know how to collect evidence and review their records to create solid cases for our clients. If you've been diagnosed with mesothelioma, get in touch with a mesothelioma attorney to arrange for a no-cost consultation. We can help you get the compensation you deserve. Call us at 866-454-8529 or visit our website. We look forward hearing from you.