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The Process of Asbestos Class Action Litigation Consult an asbestos lawyer as soon after the diagnosis of mesothelioma is possible. They can assist you through the entire process of filing an asbestos lawsuit. Mesothelioma lawyers understand that class action litigation is different from traditional personal injury cases. These lawsuits must meet strict legal requirements and an extensive investigation is required. Statute of limitations Asbestos exposure can have numerous negative impacts on the health of people who are affected. The most common symptoms are mesothelioma, lung cancer and asbestosis. Each of these ailments is fatal. Asbestos victims who have an illness that is diagnosed are typically owed compensation. However, the statute of limitations-the time period within which a victim can file a lawsuit – may differ. It is important to consult an experienced asbestos lawyer prior to the statute of limitations expires. In general the plaintiff's “clock” starts to run when they know or should be aware that their injuries were caused by asbestos exposure. For the majority of people, this is when they are diagnosed with a mesothelioma or another asbestos-related disease. Sometimes, a person may develop an additional asbestos-related condition several years after the first time they developed an asbestosis or other disease. In these instances, even though the deadline for filing a claim against asbestosis has passed, the statute of limitation for the condition that was not previously treated will start to expire. Many companies in the asbestos industry declared bankruptcy because of the massive liability they faced as a result of their reckless business practices. The companies were forced to create trust funds to pay future claims to asbestos victims. However the funds are restricted in the number of victims that can be compensated for their injuries. The statute of limitations for an asbestos case will vary by state, but generally there is the limitation of between two and three years from the date of diagnosis. The time frame can be affected by factors like the length of time a person was exposed to asbestos, whether they relocated between states, and what kind of work they carried out. Based on the specific circumstances of a situation, an asbestos lawyer can sometimes extend the statute of limitations. This is known as a statute of repose and it allows those who are seeking to bring an asbestos lawsuit after the statute of limitations has passed. In some cases the claimant may require an extension if they haven't been able to obtain the necessary documentation that proves asbestos exposure. Discovery Phase During the discovery phase, each team will present the evidence they have. This includes documents, photographs and historical records to prove the defendants were exposed to asbestos and that they are the ones responsible for your mesothelioma. This information can be shared with the other team and could aid your lawyer in determining if there is enough common ground for an agreement. However, if there isn't enough agreement, the lawsuit could go to trial in which both sides present their case before the jury or judge. 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, however most follow the same basic legal steps. An experienced mesothelioma attorney can help you and your family in understanding the complex legal system. They will work with an entire team of legal professionals, including paralegals, lawyers, investigators and medical experts. Mesothelioma is a type of cancer is a disease that affects the linings and inner organs' linings, such as the lungs, the heart, and the 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 multiple asbestos products. Because asbestos exposure is so widespread, mesothelioma lawsuits usually involve class action claims. Asbestos litigation is complex because it requires the victims to prove that their injuries are the result of asbestos exposure and that the companies were negligent in the exposure of asbestos. Finding a mesothelioma lawyer who is able to handle asbestos claims is the first step. An experienced mesothelioma lawyer will analyze your history of exposure and determine the companies that are responsible for your illness. They can also help you bring a lawsuit against the appropriate defendants. Mesothelioma compensation varies from case to case, but most compensate victims for their past and present medical bills, lost wages, future prognosis and life expectancy emotional distress, suffering. Lawrence asbestos attorneys can also include the costs of wrongful death. During a free and free review of your case an attorney for mesothelioma will go over the specifics. Settlements Many workers who worked with asbestos were exposed to asbestos for a long time. This exposure could have caused various types of diseases including mesothelioma. Legal representation is essential for people who have been diagnosed as mesothelioma patients to seek justice against the parties responsible for their injuries. The asbestos companies are responsible for their negligence and must compensate the victims and their families. Mesothelioma suits can be filed by people who were exposed to asbestos at work, in their homes and military bases or even at home. These individuals are entitled to compensation for medical expenses as well as lost wages (if they were unable to work) as well as pain and suffering. Asbestos victims and their families must be aware of the value of their case worth prior to signing a settlement with any company. During the discovery stage of a asbestos class-action lawsuit, both sides gather evidence and documents to support their claims. This can take a few months or more, as both teams look for documents and interview witnesses. The information will be used by mesothelioma lawyers to determine the most suitable compensation amount for their clients. They can look into the victim's military or work history to determine when the client was exposed to asbestos as well as talk to former employees who can provide more evidence that the asbestos companies are responsible for the damages suffered by victims. 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 is not feasible or difficult for each to start separate lawsuits. This was especially common in the early years of asbestos litigation before mesothelioma was conclusively tied to exposure to asbestos-containing products. Asbestos patients must be prepared to negotiate the best possible settlement amount, since companies that expose victims often seek to settle claims quickly in order to save money on legal costs. However, some victims have accepted settlements that were far less than the actual value of their claim for mesothelioma. Mesothelioma lawyers can negotiate with a variety of asbestos companies to ensure their clients get fair settlements. Trial Once the legal process has begun, victims and their attorneys will begin gathering evidence to support the case. This could take a long time when both sides go through documents and interview witnesses. The evidence can help an attorney determine which firms should compensate the victim. In this time, lawyers may also request records of asbestos trust funds that are set up for the payment of medical bills as well as expenses incurred by victims with mesothelioma. Asbestos-related lawsuits across the United States have resulted in multi-million-dollar settlements and verdicts. Despite this the fact that many companies who once used asbestos are now trying to avoid accountability for the effects their products had on the lives of individuals. One method to avoid this is by declaring bankruptcy. The courts were not content to allow companies to completely escape their obligations. As a result, the courts required that they establish asbestos trust funds that would hold funds for future and present claims. Asbestos trust funds have amassed more than $30 billion in assets. Despite the money available asbestos companies continue to fight victims and their attorneys in court. They have tried to portray them as villains rather than accept the responsibility of exposing workers to asbestos and causing illness. It is essential that asbestos victims are partnered with a firm that has fought for asbestos victims for a number of years. Levy Konigsberg has been a pioneer in the fight against asbestos for more than 30 years. We represent mesothelioma patients and their families throughout the United States. We have a deep understanding of the companies that made and sold asbestos-containing products and we know how to look into their records and gather evidence to build strong arguments for our clients. If you've been diagnosed with mesothelioma seek out a mesothelioma lawyer to get a free consultation. We can help you receive the compensation you deserve. Contact us on our website or by calling 866-454-8529. We look forward to hearing from you.