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The Process of Asbestos Class Action Litigation Get an asbestos lawyer on the case as soon after the diagnosis of mesothelioma is possible. They can assist you through the entire process including filing an asbestos lawsuit. Mesothelioma lawyers are aware that class action litigation differs from traditional personal injury cases. These lawsuits need to meet strict legal requirements and a thorough investigation will be required. Statute of limitations Asbestos exposure can cause various negative impacts on the health of affected individuals. The most frequent symptoms are lung cancer, mesothelioma and asbestosis. Each of these ailments can be fatal. Asbestos-related diseases are usually compensated for. However the statute of limitations – the time period within which a victim can file a lawsuit – may differ. It is crucial to talk with an experienced asbestos lawyer prior to the statute of limitations expires. In the majority of cases, a plaintiff's “clock” starts to run when they knew or should be aware that their injury was caused by exposure to asbestos. The majority of people find out when they are diagnosed as having mesothelioma, or another asbestos-related disease. Sometimes, people develop an additional asbestos-related disease after acquiring asbestosis or a different disease. In these cases the statute of limitation for the additional condition will begin to run by itself even if it's after the deadline to file an asbestosis lawsuit. A number of companies in the asbestos industry were forced to file for bankruptcy due the enormous liability they faced for 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. However they are also limited in the amount of victims who can be compensated for their injuries. The time limit for asbestos cases can differ between states, but in most states the limitation is between two and three years after the diagnosis. The timeframe can be affected by a variety of factors like the length of time someone was exposed to asbestos, and whether they moved from one state to another. A lawyer for asbestos can sometimes extend the statutes of limitations in accordance with the particular circumstances of the case. This is known as a statute of repose and permits claimants to file an asbestos lawsuit after the statutory deadline has passed. In some cases the claimant may require an extension if they've not been able to get important evidence of asbestos exposure. Discovery Phase In the discovery phase, both teams present what evidence they have. This includes documents, photographs and historical records that prove the defendants were exposed to asbestos and that they are responsible for your mesothelioma. This information can be shared with the other team and can help your lawyer determine whether there is enough common ground to reach an agreement. If there is no agreement, then the case may be taken to trial, where both sides will present their cases before a judge or jury. Asbestos lawsuits can be complex and long-winded, as it can take years to identify mesothelioma and other asbestos-related diseases. Each case is unique, but the majority follow the same legal steps. A mesothelioma lawyer can help you and your family navigate the complex legal system. They will work with a group of legal professionals, which includes paralegals, investigators, lawyers and medical experts. Mesothelioma is a type of cancer that affects the lining of internal organs, 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. Patients who develop mesothelioma typically are exposed to a variety of asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits typically involve class action claims. Asbestos litigation is complicated because it requires the victims to prove that their injuries are the result of asbestos exposure and that companies were negligent in the exposure of asbestos. 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 determine the businesses responsible for your illness. They can also assist you in filing a lawsuit against the defendants. Mesothelioma compensation can vary from case to case however, most victims are compensated for their past and current medical bills, lost wages future prognosis and life expectancy as well as emotional distress and suffering. Wrongful death damages can also be included in compensation. Lake Charles asbestos attorney will go over the specifics of your case during a free consultation, without obligation. Settlements Many people who worked with asbestos were exposed to the material for decades, and this exposure could have caused different types of illness such as mesothelioma. Patients diagnosed with mesothelioma need experienced legal counsel to pursue justice against the businesses responsible for their injuries. The asbestos companies are responsible for their negligence and must compensate the victims and their families. Mesothelioma lawsuits can be filed by people who were exposed to asbestos in their homes, workplaces and military bases or even at home. These individuals need compensation for medical expenses as well as lost wages if they were unable to work and their suffering and pain. Before accepting a settlement asbestos victims and their families must to know what their case really is worth. During the discovery phase of a asbestos class-action lawsuit, both parties gather facts and documents to prove their claims. It may take a few months for the two parties to locate documents and interview witness. Mesothelioma lawyers will use this information to determine the best mesothelioma compensation amounts for their clients. They may examine the victim's military background to determine the when 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 mesothelioma-related class action lawsuits to be filed, it must be determined that there are enough similarities between the individual cases that it would be impractical or burdensome for them to file separate lawsuits. This was especially prevalent in the early days of asbestos litigation prior to the time mesothelioma was definitively linked to exposure to asbestos-containing substances. Asbestos patients must be prepared to negotiate for the best settlement amount, as companies who expose victims often settle claims quickly in order to save money. Unfortunately, some victims accepted offers that were significantly less than 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 starts, victims and their lawyers begin collecting evidence to support the case. It can take a few months for both sides to go through documents and talk to witnesses. The evidence will assist an attorney determine which firms should be compensated to the victim. During this time, the lawyers may also request records from asbestos trust funds which are established to help victims pay their medical expenses and other costs related to their mesothelioma diagnosis. Asbestos lawsuits have led to multi-million dollar verdicts and settlements for victims across the nation. However, companies who used asbestos in the past continue to attempt to avoid accountability for the effects of their products on the human life. Declaring bankruptcy is one way to accomplish this. The courts were not content to let companies completely escape obligation to pay. The courts ordered that the companies establish asbestos trust funds to store money to pay for future and present claims. Asbestos funds now have assets of over $30 billion. Despite the huge sums of money available, asbestos companies continue to fight victims and their lawyers in court. They have tried to cast them as villains rather than admitting that they are responsible for exposing workers to asbestos and causing illness. This is why it is important for victims to choose a law firm with years of experience in defending the rights of those affected by asbestos exposure. 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 deep understanding of the companies who made and sold asbestos-containing products, and we know what to do to collect evidence and review their records to build solid cases for our clients. If you have been diagnosed with mesothelioma, seek out a mesothelioma lawyer for a no-cost consultation. We can help you get the compensation you deserve. Contact us through our website or call 866-454-8529. We are looking forward to hearing from you.