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The Process of Asbestos Class Action Litigation Individuals diagnosed with mesothelioma should seek out an experienced asbestos lawyer as soon as possible. They can guide you through the entire process of filing an asbestos suit. Mesothelioma lawyers recognize that class action litigation differs from the traditional personal injury lawsuits. The lawsuits must meet strict legal requirements, and an exhaustive investigation is required. Statute of Limitations Asbestos exposure may have numerous negative effects on the health of affected individuals. The most common symptoms are lung cancer, mesothelioma and asbestosis. Each of these diseases can be fatal. Asbestos-related victims with an illness that is diagnosed are typically owed compensation. The statute of limitations, also known as the time limit that a victim has to bring a lawsuit, may differ. It is crucial to speak with an asbestos attorney prior to the statute runs out. In general, the statute of limitations “clock” runs at the point that the plaintiff was aware or should have known that their injury was caused by asbestos exposure. For Aurora asbestos attorneys of people, this is when they are diagnosed with mesothelioma, or any other asbestos-related illness. Sometimes, a person may suffer from an additional asbestos-related illness after the time they first diagnosed with an asbestosis or another disease. In these instances the statute of limitations for the additional condition will begin to run by itself, even if it is later than the deadline to file an asbestosis lawsuit. Several companies involved in the asbestos industry filed for bankruptcy due to the enormous liability they faced for their sloppy business practices. As a result, companies were forced to establish trust funds to pay out future claims to asbestos victims. However, these funds are limited in the amount of victims who can be compensated for their injuries. The time-limit for asbestos cases is different for each state, but most have the limitation of between two and three years from the time of diagnosis. The timeframe can be affected by factors like the length of time that a person has been exposed to asbestos, whether they moved between states and what type of work they performed. Based on the specific circumstances of a situation the asbestos lawyer can extend the time limit for filing a claim. This is known as a statute-of-repose and allows those who are seeking to file a asbestos lawsuit after the statutory deadline has expired. In some cases, a claimant may need an extension if they have not been able obtain important documents that prove asbestos exposure. Discovery Phase During the discovery phase both teams present what evidence they have. Documents, photographs and historical records can be used to prove that the defendants were exposed asbestos and are responsible for mesothelioma. This information can be shared with the other team and can help your lawyer determine if there is enough common ground to reach a settlement. If there is no agreement and the case is not settled, it could be brought to trial, where both sides will be able to present their case before a judge or jury. The process of bringing asbestos lawsuits is complicated and lengthy, as it can take years between exposure and diagnosis of mesothelioma or an asbestos-related disease. Each case is unique however the fundamental legal procedure is the same. An experienced mesothelioma attorney can assist you and your family with navigating the complex legal system. They will work with a team of legal professionals, which includes lawyers, investigators, paralegals and medical experts. Mesothelioma is a form of cancer that affects the lining of organs internal to them such as the lungs, heart, and abdomen. It is triggered by exposure to asbestos which was used extensively in the United States during World War II and the postwar boom in construction. Mesothelioma is usually caused due to exposure to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits often involve class action claims. Asbestos litigation is complex because it requires victims to prove that their injuries are the result of asbestos exposure and that the companies were negligent in exposed them. Finding a mesothelioma lawyer that is qualified to handle asbestos claims is the first step. An attorney for mesothelioma can analyze your history of exposure and identify the companies that are responsible for your illness. They can help you file a lawsuit against the defendants. Mesothelioma compensation can vary from case to case, but the majority of victims receive compensation for their current and past medical expenses, lost wages, future prognosis and outlook for life as well as emotional distress and pain and suffering. In addition, damages for wrongful death may be included in compensation. In a no-cost and no-obligation review of your case an attorney for mesothelioma will go over the specifics. Settlements Asbestos exposure can trigger many illnesses, including mesothelioma. Legal representation is essential for individuals who have been diagnosed as mesothelioma patients to seek justice against those who are responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their families. Mesothelioma lawsuits are filed by those who have been exposed to asbestos in their workplaces, homes, military bases, or even at home. These individuals need compensation for medical expenses, lost earnings if they were unable to work and their pain and suffering. Asbestos victims and their families need to know how much their case is worth before signing a settlement with any business. During the discovery phase of asbestos class action lawsuits both sides collect facts and documents to prove their claims. This could take a few months or more as both teams look for documents and speak with witnesses. The information gathered will be used by mesothelioma lawyers to determine the most appropriate amount of compensation for their clients. They can also look at the victim's job and military background to determine the that asbestos was exposed. They can also speak with former employees to find more proof that asbestos companies are accountable for the victims' damages. In order for a mesothelioma class action lawsuit to be filed, it must be determined that there are enough similarities between the individual cases that it would be inefficient or difficult for each to file separate lawsuits. This was especially prevalent in the early days of asbestos litigation, before mesothelioma had been definitively connected to exposure to asbestos-containing materials. Asbestos patients should be prepared to negotiate for the most favorable settlement amount, since companies who expose victims often settle claims quickly in order to save money. Sadly, some victims have accepted offers that are far lower than the actual value of their mesothelioma claims. Mesothelioma lawyers can negotiate with a variety of asbestos companies to ensure that their clients receive fair settlements. Trial As soon as the legal process begins, victims and their lawyers begin collecting evidence to support their case. This could take a long time when both sides go through documents and interview witnesses. The evidence will assist an attorney decide which companies should compensate the victim. In this process, lawyers may also request information from asbestos trust funds, which are established to help victims pay their medical bills and other expenses associated with their mesothelioma diagnosis. Asbestos lawsuits have led to settlements and verdicts of millions of dollars for victims across the nation. Despite this, the companies that used asbestos in the past continue to attempt to avoid accountability for the effects of their products on people's life. Insolvency is one method to accomplish this. The courts were not willing to allow companies to completely escape their responsibility. As a result, the courts ordered that they set up asbestos trust funds to store money for present and future claims. Asbestos trust funds have amassed more than $30 billion of assets. Despite the wealth available, asbestos companies continue to defend victims and their lawyers in court. They have tried portraying them as villains instead of admitting that they are responsible for the exposure of asbestos workers and causing diseases. This is why it's so crucial for victims to work with an attorney firm with years of experience in defending the rights of those who have suffered from asbestos exposure. Levy Konigsberg has been at the forefront in the fight against asbestos for more than 30 years. We represent mesothelioma victims and their families across the United States. We have a thorough understanding of the companies who made and sold asbestos-containing product, and we know how to collect evidence and review their records to build strong cases for our clients. Contact a mesothelioma attorney for a free consultation if you have been diagnosed with mesothelioma. We can assist you in getting the compensation you deserve. Contact us on our website or call 866-454-8529. We are looking forward to hearing from you.