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The Process of Asbestos Class Action Litigation Individuals diagnosed with mesothelioma should consult an experienced asbestos lawyer as soon as possible. These lawyers can guide you through the entire process including filing an asbestos lawsuit. Mesothelioma lawyers recognize that class action litigation is different from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements and an exhaustive investigation is required. Statute of Limitations Asbestos exposure can cause various negative consequences on the health of affected individuals. The most common symptoms are mesothelioma, lung cancer and asbestosis. Each of these ailments is fatal. Asbestos-related diseases are usually compensated for. However the statute of limitations, which is the time frame within which a victim can file a lawsuit-can vary. It's important to speak with an experienced asbestos lawyer before the statute of limitations expires. In the majority of cases the case of a plaintiff, their “clock” starts to run when they know or should have known that their injuries were due to asbestos exposure. The majority of people find out when they are diagnosed having mesothelioma, or another asbestos-related disease. Sometimes, people develop an additional asbestos-related disease after the onset of asbestosis or another disease. In these cases, even though the deadline for filing a claim against asbestosis has been met and the statute of limitations for the additional condition will begin to expire. Many companies in the asbestos industry filed for bankruptcy due to the massive liabilities they faced due to their reckless business practices. The companies were required to establish trust funds in order to pay future claims to asbestos victim. However they are also limited in terms of the number of victims that can be compensated for their injuries. The time limit for asbestos cases will vary from state to state, but in most states the limit is two to three years after the diagnosis. The timeframe can be affected by other factors like the length of time that a person has been exposed to asbestos, whether they shifted between states and what type of work they carried out. Based on the circumstances of a particular case An asbestos lawyer may sometimes extend the time limit for filing a claim. This is referred to as a statute of repose, and it permits claimants to bring an asbestos lawsuit after the statute of limitations has expired. In some cases it is required if the victim has not yet been able to obtain important documentation that proves their asbestos exposure. Discovery Phase During the discovery phase, both teams will present any evidence they have. Documents, photographs and historical documents can be used to prove that the defendants were exposed asbestos and are 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 a settlement. If there's 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 legal procedure for asbestos lawsuits can be complicated and time-consuming, since it takes decades between the time of exposure and the diagnosis of mesothelioma, or another asbestos-related disease. Each case is different, but most follow the same basic legal procedures. A mesothelioma lawyer can assist you and your family navigate through the complex legal system. They will collaborate with a group of legal professionals, such as paralegals, investigators and lawyers and medical experts. Mesothelioma is a type of cancer, affects the tissues of internal organs like the lungs the heart, and abdomen. It is caused by exposure to asbestos which was widely used in the United States during World War II and postwar construction booms. Patients who develop mesothelioma typically are exposed to a variety of asbestos-related products. Because asbestos exposure is widespread, mesothelioma lawsuits typically involve class action claims. Asbestos litigation is complicated because it requires victims to prove their injuries are the result of asbestos exposure and that the companies were negligent in the exposure of asbestos. Finding a mesothelioma attorney who is able to handle asbestos-related claims is the first step. An experienced mesothelioma lawyer will review 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. The amount of compensation for mesothelioma is contingent on the case. However, the majority of victims are compensated for past and present 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. In addition, damages for wrongful death may be included in compensation. A mesothelioma lawyer will discuss the details of your case during a free consultation, without obligation. Settlements Asbestos exposure can lead to a variety of illnesses including mesothelioma. Patients diagnosed with mesothelioma should seek legal representation to pursue justice against the businesses responsible for their injuries. The asbestos companies are responsible for their negligence, and must compensate victims and their families. Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the dangerous substance at their workplaces or military bases, homes and even because of secondhand asbestos exposure. These individuals are entitled to compensation for their medical expenses and lost wages if they were not able to work, and for their pain and suffering. Before accepting Oceanside asbestos lawyers , asbestos victims and their families must to know the value of their case is really worth. During the discovery phase of an asbestos class action lawsuit both sides collect evidence and documents to back their claims. It can take several months for the two parties to find documents and speak with witnesses. Mesothelioma lawyers will use this information to determine the most appropriate mesothelioma settlement amounts for their clients. They might look at the victim's military or work background to determine when their client was exposed to asbestos as well as talk to former employees who can provide further evidence that the asbestos companies are responsible for the damages suffered by victims. It is essential to determine before a mesothelioma lawsuit can be filed that there are enough similarities between the individual cases to make it impossible or difficult to bring separate lawsuits. This was especially prevalent in the beginning of asbestos litigation prior to the time mesothelioma could be definitively linked to exposure to asbestos-containing substances. Asbestos patients should be prepared to negotiate the highest settlement amount, as companies who disclose victims typically settle claims quickly in order to save money. Unfortunately, some victims accepted offers that were far below the actual value of their claim for mesothelioma. Mesothelioma lawyers can negotiate with asbestos companies to ensure that their clients receive fair settlements. Trial Once the legal process begins, victims and their lawyers begin collecting evidence to support their case. It can take several months for both sides to go through documents and talk to witnesses. The information gathered will help a lawyer decide which companies are responsible to pay the victim. During this time, lawyers can also request the records of asbestos trust funds which are established for the reimbursement of medical bills and expenses incurred by those suffering from mesothelioma. Asbestos lawsuits across the country have resulted in multi-million-dollar settlements and verdicts. Despite this, many companies that once used asbestos continue to try to avoid responsibility for the impact their products have had on the lives of individuals. One way to avoid accountability is by declaring bankruptcy. The courts were not content to let companies completely escape their obligation to pay. In the end, courts ordered the establishment of asbestos trust funds to hold funds for future and present 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 to cast them as villains rather than admitting that they are responsible for the exposure of workers to asbestos, and causing illness. It is crucial that asbestos victims partner with a company that has fought for asbestos victims for many years. Levy Konigsberg LLP has been an innovator in the fight against asbestos for more than 30 years. We represent patients with mesothelioma and their families throughout the United States. We are knowledgeable about the companies that made and sold asbestos-containing products, and we know how to look into their records and gather evidence to construct strong arguments for our clients. Contact a mesothelioma lawyer for a free consultation in case you've been diagnosed. We can assist you in getting the compensation you deserve. Contact us via our website or phone number 866-454-829. We are looking forward to hearing from you.