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The Process of Asbestos Class Action Litigation Individuals diagnosed with mesothelioma should consult a knowledgeable asbestos lawyer as soon as they can. They can offer guidance throughout the entire process including filing an asbestos lawsuit. Mesothelioma lawyers understand that class action litigation differs from traditional personal injury cases. The lawsuits must be in compliance with strict legal requirements and an extensive investigation is required. Statute of Limitations Asbestos exposure can have numerous negative impacts on the health of affected individuals. The most frequent symptoms of mesothelioma, asbestosis, and lung cancer are listed below. Each of these diseases is fatal. Asbestos-related diseases are usually compensated for. However, the statute of limitations-the period of time within which a person can file a lawsuit-can vary. It is important to consult an experienced asbestos lawyer prior to the statute of limitations runs out. In general, the statute of limitations “clock” begins to run at the point that the plaintiff was aware or should have known that their injury was caused by asbestos exposure. For the majority of people, this will be when they are diagnosed with a mesothelioma, or any other asbestos-related illness. Sometimes, people develop an additional asbestos-related disease after acquiring asbestosis or a different disease. In these instances the statute of limitation for the condition will begin to run on its own even if it's past the deadline for filing an asbestosis lawsuit. Many companies in the asbestos industry declared bankruptcy due to the huge liabilities they faced due to their reckless business practices. The companies were required to create trust funds to pay future claims to asbestos victims. The funds are limited on the number of victims who are eligible for compensation. The statute of limitations for asbestos cases will vary from state to state however in most states, the limit is two to three years after the diagnosis. The timeline may be affected by other factors such as the length of time that a person has been exposed to asbestos, whether they moved between states and what kind of work they performed. Based on the circumstances of a particular situation, an asbestos lawyer can sometimes extend the statute of limitations. This is referred to as a statute of repose and permits claimants to file a asbestos lawsuit after the statutory deadline has passed. In certain situations it is required if the person who was injured has not yet been able to obtain important evidence of their exposure to asbestos. Discovery Phase During the discovery phase, both teams will present evidence they have. This can include photographs, documents and historical records that prove the defendants were exposed to asbestos and are responsible for your mesothelioma. This information can be shared among the two teams and could help your lawyer determine if there is enough agreement to reach a settlement. If, however, there is not sufficient agreement, the case could be brought to trial, where both sides present their case before a judge or jury. Asbestos lawsuits can be complex and long-winded, as it can take a long time to diagnose mesothelioma and other asbestos-related diseases. Each case is unique, however the majority follow the same legal procedures. An experienced mesothelioma attorney can assist you and your family with dealing with the complicated legal system. They will collaborate with a team of legal professionals including paralegals, lawyers investigators, medical experts, and investigators. Mesothelioma is a type of cancer that affects the lining of organs internal to them, including the lungs, heart, and abdomen. The cancer is caused by asbestos exposure which was extensively used in the United States after World War II. Mesothelioma is often caused by exposure to multiple asbestos-based products. Asbestos exposure is so widespread that mesothelioma suits typically involve class actions. Asbestos litigation is often complicated because the victims must prove that their injuries were a result of asbestos exposure, and that companies exposed them negligently. Finding a mesothelioma lawyer that is able to handle asbestos-related claims is the first step. A mesothelioma attorney can review your exposure history and determine which companies are responsible for your condition. They can help you file an action against the defendants. The compensation for mesothelioma differs based on the specific case. However, Sioux Falls asbestos attorney receive compensation for medical bills as well as lost wages and a future prognosis, as well in emotional distress, pain and suffering and emotional distress. Compensation may also cover the costs of wrongful death. During a free and free review of your case, a mesothelioma lawyer will go over the specifics. Settlements Many people who worked with asbestos were exposed to the substance for decades, and this exposure may have led to different types of illness, including mesothelioma. Legal representation is needed by people who have been diagnosed as mesothelioma sufferers to seek justice against the parties responsible for their injuries. The asbestos companies are accountable 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 as a result of asbestos exposure from secondhand sources. They need compensation for their medical expenses as well as lost wages if they were unable to work and their suffering and pain. Asbestos victims and their families should know how much their case is worth prior to accepting a settlement offer from any business. During the discovery stage of an asbestos class-action lawsuit, both sides gather facts and documents to prove their claims. It could take several months for the two parties to locate documents and to interview witnesses. This information will be used by mesothelioma lawyers to determine the most appropriate amount of compensation for their clients. They can look into the victim's work and military history to determine when their client was exposed to asbestos and also speak to former employees who can provide additional evidence that the asbestos companies are accountable for the victims' damages. To permit mesothelioma class action lawsuits to move forward it must be decided that there are enough similarities between the individual cases that it would be impractical or costly for them all to file separate lawsuits. This was especially prevalent in the early years of asbestos litigation prior to the time mesothelioma was conclusively tied to exposure to asbestos-containing substances. 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. Some victims were able to accept offers that were significantly less than the actual value of their mesothelioma claim. Mesothelioma lawyers can bargain with asbestos companies to ensure their clients receive fair settlements. Trial Once the legal process has begun the victims and their lawyers begin collecting evidence for the case. This can take months as both sides look over documents and talk to witnesses. The evidence collected will assist a lawyer in determining which companies are liable to compensate the victim. During this period, the lawyers can also request the records of asbestos trust funds that are set up for the payment of medical bills and expenses incurred by those suffering from mesothelioma. Asbestos lawsuits across the country have resulted to multi-million dollar settlements and verdicts. However, many companies that once used asbestos continue to try to avoid accountability for the impact their products have had on the lives of individuals. Insolvency is one method to accomplish this. The courts were not willing to let companies completely escape their obligation to pay. Therefore, the courts ordered the establishment of asbestos trust funds to store money for present and future claims. Asbestos trust funds have assets worth more than $30 billion. Despite the wealth available, asbestos companies continue to fight victims and their lawyers in court. They have tried to portray them as villains rather than accept the responsibility of the exposure of workers to asbestos, and causing illness. It is important that victims partner with a company that has fought for asbestos victims for many years. Levy Konigsberg LLP has been a leader in the fight against asbestos for over 30 years. We represent patients with mesothelioma and their families throughout the United States. We have extensive knowledge of the companies that produced and sold asbestos-containing products and we know how to investigate their records and gather evidence to build strong arguments for our clients. Contact a mesothelioma lawyer to arrange for an initial consultation for free if you have been diagnosed. We can help you get the compensation you deserve. Contact us via our website or phone number 866-454-829. We would love to hear from you.