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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 as possible. These attorneys can provide guidance throughout the entire process, including filing an asbestos lawsuit. Mesothelioma lawyers recognize that class action litigation differs from the traditional personal injury lawsuits. These lawsuits need to meet strict legal requirements, and an extensive investigation is required. Statute of Limitations Asbestos exposure may have various negative consequences on the health of people who are affected. The most frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these diseases can be fatal. Asbestos-related illnesses are often compensated for. However, the statute of limitations-the period of time within which a person can file a lawsuit – may differ. It is crucial to speak with an asbestos lawyer before the statute of limitations expires. In the majority of cases the plaintiff's “clock” runs when they are aware or have known that their injury was caused by exposure to asbestos. Most people discover when they are diagnosed as mesothelioma or an asbestos-related disease. Sometimes, people develop an additional asbestos-related disease years after the onset of asbestosis or another disease. In these instances, even though the deadline for filing an asbestosis lawsuit has been met, the statute of limitation for the additional condition will begin to expire. Several companies involved in asbestos industries filed for bankruptcy due to the huge liability they incurred for their reckless business practices. As a result, companies were forced to set up trust funds that are intended to pay future claims to asbestos victims. The funds are limited on the number of victims who are eligible for compensation. The time limit for asbestos cases will vary between states, however, in the majority of states, the limitation is between two and three years after the diagnosis. The time frame can be affected by factors such as the length of time that a person has been exposed to asbestos, whether they shifted between states and what kind of work they carried out. Depending on the circumstances of a particular case An asbestos lawyer may extend the time limit for filing a claim. This is called a statute of repose, and it allows plaintiffs to file an asbestos lawsuit even after the statute of limitations is reached. In some instances, a claimant may need an extension if they've not been able obtain important documents that prove asbestos exposure. Discovery Phase During the discovery stage, both teams will present any evidence they have. This can include photographs, documents and historical records to show the defendants were exposed to asbestos and are at fault for mesothelioma. This information can be shared among the two teams and could help your lawyer determine whether 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 present their arguments to a jury or judge. The process of bringing asbestos lawsuits is complex and lengthy, as it can take years between the time of exposure and the diagnosis of mesothelioma or another asbestos-related disease. Each case is unique, however most follow the same legal procedures. A mesothelioma lawyer can help you and your family navigate through the complex legal system. They will work with an entire team of legal professionals including paralegals, lawyers investigators, medical experts, and investigators. Mesothelioma is a form of cancer that affects the lining of organs internal to them 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. Tucson asbestos lawyer of people who develop mesothelioma have exposure to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits typically involve class action claims. Asbestos litigation is complex because it requires victims to prove that their injuries are due to asbestos exposure and that the companies were negligent in the exposure of asbestos. Finding a mesothelioma attorney who is qualified to handle asbestos-related claims is the first step. A mesothelioma attorney can review your history of exposure and determine which companies are accountable for your illness. They can also assist you in filing a lawsuit against the defendants. Compensation for mesothelioma varies depending on the specific case. However, most patients receive compensation for medical bills as well as lost wages and a the possibility of a future prognosis, as in emotional suffering, pain and distress, and their emotional anxiety. Wrongful death damages can also be included in compensation. A mesothelioma attorney will discuss the details of your case in a complimentary review of your case, with no obligation. Settlements Many who worked with asbestos were exposed to the material for a long time. This exposure could have resulted in different types of illness, including mesothelioma. Legal representation is required by people who have been diagnosed as mesothelioma patients to seek justice against those responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their families. Mesothelioma suits can be filed by people who have been exposed to asbestos in their homes, workplaces and military bases or even at home. These individuals need compensation for their medical expenses and lost earnings if they were unable to work, as well as their suffering and pain. Asbestos victims and their families must be aware of the value of their case worth prior to accepting a settlement offer from any company. During the discovery phase of asbestos class action lawsuits both sides collect facts and documents to support their assertions. It could take several months for the two parties to find documents and to interview witnesses. Mesothelioma lawyers use this information to determine the best mesothelioma compensation amount for their clients. They may examine the victim's work and military history to determine the time period in which asbestos was exposed. They can also speak to former employees to get more evidence that asbestos companies are responsible for the damage suffered by victims. In order for a mesothelioma class action lawsuit to proceed it must be established that there are enough commonalities between the individual cases that it would be inefficient or difficult for them to start separate lawsuits. This was particularly common in the early days of asbestos litigation prior to the time mesothelioma was conclusively tied to exposure to asbestos-containing substances. Asbestos patients must be prepared to negotiate the most favorable possible settlement amount, since those who expose victims often attempt to settle claims fast to save money on legal costs. Unfortunately, some victims have accepted quick settlements that are much less than the true value of their mesothelioma claims. Mesothelioma lawyers can negotiate with asbestos companies to ensure their clients receive fair settlements. Trial As soon as the legal process begins the victims and their attorneys begin collecting evidence to support their case. It could take months as both sides look over documents and speak with witnesses. The information gathered will help a lawyer decide which companies are liable to pay the victim. In this time, lawyers can also request the records of asbestos trust funds which are set up to assist in the payment of medical bills and expenses incurred by those suffering from mesothelioma. Asbestos-related lawsuits have led to multi-million dollar verdicts and settlements for victims across the United States. However the fact that many companies who once employed asbestos are still trying to avoid accountability for the impact their products have had on the lives of people. Declaring bankruptcy is one way to achieve this. The courts were not prepared to allow companies to completely escape their obligations. In the end, courts ordered the establishment of asbestos trust funds to store funds for future and present claims. Asbestos trust funds are now amassed more than $30 billion in assets. Despite the money available asbestos companies continue fight victims and their lawyers in court. They have tried to portray them as villains, rather than accept their responsibility for exposure of workers to asbestos and causing their illness. This is why it's so important for asbestos victims to choose a law firm with years of experience fighting on behalf of those affected by asbestos exposure. Levy Konigsberg has been at the forefront of the fight against asbestos for more than 30 years. We represent mesothelioma patients and their families throughout the United States. We are knowledgeable of the companies that produced and sold asbestos-containing products, and we know how to collect evidence and review their records to create strong cases for our clients. If you've been diagnosed with mesothelioma contact a mesothelioma attorney for a no-cost consultation. We can assist you in obtaining the compensation you deserve. Contact us via our website or phone number 866-454-829. We are looking forward to hearing from you.