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The Process of Asbestos Class Action Litigation Contact an asbestos lawyer as soon after the diagnosis of mesothelioma is possible. They can guide you through the entire process including filing an asbestos suit. Mesothelioma lawyers recognize that class action litigation differs from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements and an exhaustive investigation is required. Statute of Limitations Asbestos can have many negative effects on health. The most common symptoms are mesothelioma, lung cancer and asbestosis. Each of these conditions can be fatal. Asbestos-related ailments are typically compensated for. The statute of limitations, or time period within which a person can file a lawsuit, can vary. It is important to consult an experienced asbestos attorney before the statute of limitations runs out. In general, the statute of limitations “clock” begins to run at the time a plaintiff knew or should have known that their injury was due to asbestos exposure. The majority of people find out when they are diagnosed mesothelioma or an asbestos-related disease. Occasionally, a person will develop a second asbestos-related disease several years after the first time they developed an asbestosis or other disease. In these instances, even though the deadline for filing a lawsuit against asbestosis has passed, the statute of limitation for the condition that was not previously treated will begin to expire. A number of companies in the asbestos industry declared bankruptcy because of the massive liability they were facing as a result of their reckless business practices. As a result, companies were forced to establish trust funds that are intended to pay out future claims to asbestos victims. Macon asbestos attorney have a limit on the number of asbestos victims who can be compensated. The time limit for an asbestos-related case will differ by state, but most have a limit of two to three years from the time of diagnosis. The timeframe can be affected by factors like the length of time a person was exposed to asbestos, whether they relocated between states, and what type of work they did. An asbestos lawyer may sometimes extend the statutes of limitations depending on the specific circumstances of the case. This is referred to as a statute-of-repose. It allows plaintiffs to file a lawsuit against asbestos after the statutory deadline has expired. In some instances, a claimant may need an extension if they have not been able to get important documentation that proves asbestos exposure. Discovery Phase During the discovery phase, both teams will present evidence they have. This could include documents, photos and historical records to show the defendants were exposed to asbestos and are responsible for mesothelioma. This information can be shared with the other side and help your lawyer determine whether there is enough common ground to reach an agreement. If there isn't a deal and the case is not settled, it could be brought to trial, where both sides will be able to present their case to a jury or judge. The legal process for asbestos lawsuits can be complicated and time-consuming, since it takes decades between exposure and diagnosis of mesothelioma or another asbestos-related disease. Each case is unique, however the majority follow the same legal procedure. A mesothelioma lawyer can help you and your family navigate the complex legal system. They will work with a network of legal professionals, which includes paralegals, investigators, lawyers and medical experts. Mesothelioma is a type of cancer that affects the lining of internal organs which include the lungs, heart, and abdomen. The cancer is caused by asbestos exposure, which was extensively used in the United States after World War II. Patients who develop mesothelioma typically are exposed to multiple asbestos products. Asbestos exposure is so widespread that mesothelioma cases typically require class actions. Asbestos litigation is complex because it requires victims to prove their injuries result from asbestos exposure and that the companies were negligent in exposed them. Finding a mesothelioma lawyer that is competent to handle asbestos claims is the first step. An experienced mesothelioma lawyer will examine your history of exposure and pinpoint the companies that are responsible for your illness. They can also help you file a lawsuit against the appropriate defendants. Compensation for mesothelioma varies depending on the particular case. However, most patients are compensated for their medical bills as well as lost wages and a the future prognosis as well in emotional suffering, pain and distress and emotional distress. Compensation may also cover the costs of wrongful death. In a no-cost and no-obligation review of your case an attorney for mesothelioma will discuss the details. Settlements Many who worked with asbestos were exposed to the material for a long time, and this exposure could have resulted in various types of diseases including mesothelioma. Legal representation is needed by those who have been identified as mesothelioma victims to pursue justice against those responsible for their injuries. The asbestos companies are responsible for their negligence and must compensate victims and their families. Mesothelioma lawsuits can be filed by victims who have been exposed to asbestos at work, in their homes or military bases, or even at home. These individuals are entitled to reimbursement for medical expenses and lost wages (if they were unable work) as well as pain and suffering. Before settling asbestos victims and their families need to know how much their case is worth. During the discovery stage of a class-action asbestos lawsuit, both sides gather facts and documents to prove their claims. It could take several months for the two sides to search for documents and to interview witnesses. Mesothelioma lawyers use this information to determine the best mesothelioma settlement amounts for their clients. They can also look at the victim's work and military background to determine the that asbestos was exposed. They may also speak to former employees to get more evidence that asbestos-related companies are responsible for the victims' damages. It must be established, before a mesothelioma lawsuit can be filed, that there are enough similarities between the individual cases to make it impossible or costly to bring separate lawsuits. This was especially prevalent in the early days of asbestos litigation, prior to the time that mesothelioma had been definitively associated with exposure to asbestos-containing substances. Asbestos victims must be prepared to negotiate the highest possible settlement amount, since those who expose victims often seek to settle claims quickly to save money on their legal costs. Unfortunately, some victims have taken advantage of offers that are significantly less than the true value of their mesothelioma claim. Mesothelioma lawyers can negotiate with multiple asbestos companies to ensure their clients receive fair settlements. Trial When the legal process begins, victims and their attorneys begin to collect evidence to support the case. It could take months when both sides go through documents and speak with witnesses. The evidence gathered will help a lawyer decide which companies are accountable to pay 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 as well as expenses incurred by patients suffering from mesothelioma. Asbestos lawsuits have resulted in multi-million dollar verdicts and settlements for victims across the country. However, companies who used asbestos in the past continue to try and avoid responsibility for the negative impact of their products on human life. The option of declaring bankruptcy is one way to accomplish this. However, courts weren't willing to let the companies be completely free of responsibility. As a result, the courts ordered that they set up asbestos trust funds that would hold money for present and future claims. Asbestos funds now have assets worth more than $30 billion. Despite the wealth available, asbestos companies continue to fight 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. It is crucial that asbestos victims partner with a company who has been fighting for asbestos victims for many years. Levy Konigsberg LLP has been an innovator in the fight against asbestos for over 30 years. We represent mesothelioma patients as well as their families throughout the United States. We are knowledgeable about the companies that produced and sold asbestos-containing products and we know how to look into their documents and gather evidence to construct strong cases for our clients. If you've 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 via our website or call 866-454-8529. We would love to hear from you.