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The Process of Asbestos Class Action Litigation Anyone diagnosed with mesothelioma must seek out an experienced asbestos lawyer as soon as they can. These lawyers can guide you through the entire process including filing an asbestos lawsuit. Mesothelioma lawyers recognize that class action litigation differs from the traditional personal injury lawsuits. These lawsuits must satisfy strict legal requirements and an exhaustive investigation is required. Statute of Limitations Asbestos has a variety of negative health effects. The most frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these diseases is fatal. Asbestos victims who have an illness that has been diagnosed are usually entitled to compensation. The statute of limitations, or the time frame within which a victim may file a lawsuit, can vary. It is important to consult an experienced asbestos lawyer before the statute of limitations runs out. In general the statute of limitations “clock” starts to run at the point that a plaintiff realized or should have realized that their injury was caused by asbestos exposure. Most people discover when they are diagnosed mesothelioma, or some other asbestos-related disease. Sometimes, an individual develops an additional asbestos-related illness years after the onset of asbestosis or another disease. In these cases even though the deadline for filing an asbestosis lawsuit has passed, the statute of limitation for the condition that was not previously treated will start to run. A number of companies in asbestos industries declared bankruptcy because of the enormous liability they faced for their reckless business practices. As a result, companies were forced to establish trust funds that are intended to pay out future claims to asbestos victims. The trust funds have a limit on the number of asbestos victims who are eligible for compensation. The time-limit for an asbestos-related case will differ by state, but the majority have an expiration date of between two and three years from the time of diagnosis. The time frame can be affected by other factors such as the length of time that a person has been exposed to asbestos, if they shifted between states and what type of work they carried out. An asbestos lawyer can sometimes extend the statutes of limitations depending on the specific circumstances of the case. This is referred to as a statute-of-repose. It allows claimants to file an asbestos lawsuit after the deadline for filing claims has passed. In some instances it is possible for a claimant to need an extension if they have not been able to get important evidence of asbestos exposure. Discovery Phase During the discovery phase both teams present what evidence they have. Documents, photographs and historical records can be used to show that the defendants were exposed asbestos and responsible for your mesothelioma. This information can be shared with the other side and aid your lawyer in determining if there is enough common ground to reach a settlement. However, if there is not sufficient agreement, the case could go to trial where both sides will present their case to the jury or judge. The process of bringing asbestos lawsuits is complicated and time-consuming, since it can take years between the time of exposure and the diagnosis of mesothelioma, or another asbestos-related disease. Each case is different, but the majority follow the same legal steps. A mesothelioma attorney can help you and your family navigate the complicated legal system. They will collaborate with a team of legal professionals, which includes paralegals, investigators, lawyers and medical experts. Mesothelioma is a form of cancer that affects the lining of internal organs which include the lungs, heart and abdomen. It is triggered by exposure to asbestos which was used extensively in the United States during World War II and the postwar boom in construction. People who develop mesothelioma often have exposure to multiple asbestos-related products. Because asbestos exposure is so widespread, mesothelioma lawsuits typically involve class action claims. Asbestos litigation can be complicated as it requires the victims to prove that their injuries are the result of asbestos exposure, and that the company were negligent in exposing them. The most important thing to do in an asbestos claim is to locate a reputable mesothelioma law firm. A mesothelioma lawyer with experience can examine your history of exposure and pinpoint the companies that are responsible for your illness. They can also assist you to bring a lawsuit against the appropriate defendants. Mesothelioma compensation varies from case to case, but the majority of victims receive compensation for their current and past medical bills, lost wages, the future prognosis for their life as well as emotional distress and suffering and pain. In addition, damages for wrongful death may be included in compensation. During a free and no-obligation review of your case an attorney for mesothelioma will go over the specifics. Settlements Asbestos exposure can lead to various illnesses, including mesothelioma. People who have been diagnosed with mesothelioma require legal representation to pursue justice against the businesses responsible for their injuries. The asbestos companies are accountable for their negligence, and must compensate the victims and their families. Mesothelioma lawsuits can be filed on behalf of victims who were exposed to the toxic substance in their workplaces or military bases, homes, and even as a result of asbestos exposure through secondhand sources. They are entitled to compensation for their medical expenses as well as lost earnings if they were unable to work and their pain and suffering. Asbestos victims and their families need to understand the value of their case worth prior to accepting a settlement offer from any company. During the discovery stage of an asbestos class-action lawsuit, both parties collect facts and documents to support their assertions. It can take several months for the two parties to locate documents and to interview witnesses. Mesothelioma lawyers will utilize this information to determine the best mesothelioma compensation amount for their clients. They can look into the victim's military or work background to determine when their client was exposed to asbestos, and also speak to former employees who can provide further evidence that asbestos companies are responsible for the injuries suffered by victims. In order for mesothelioma-related class action lawsuits to proceed it must be decided that there are enough similarities between the individual cases that it would be inefficient or difficult for each to file separate lawsuits. This was particularly common in the beginning of asbestos litigation before mesothelioma was conclusively tied to exposure to asbestos-containing substances. Asbestos victims should be prepared to negotiate the best possible settlement amounts, as those who expose victims often try to settle claims quickly in order to save money on their legal costs. Unfortunately, some victims have accepted quick offers that are significantly less than the true value of their mesothelioma claim. Mesothelioma lawyers can negotiate with a variety of asbestos companies to ensure that their clients receive fair settlements. Trial When the legal process starts, victims and their attorneys begin collecting evidence for the case. It can take several months for both sides to look over documents and talk to witnesses. The information gathered will help a lawyer determine which companies are liable to pay the victim. During this time, lawyers may also request records of asbestos trust funds which are established for the reimbursement of medical bills and expenses incurred by victims with mesothelioma. Asbestos lawsuits throughout the United States have led to multi-million dollar settlements and verdicts. However, many companies that once used asbestos are now trying to avoid responsibility for the impact their products have had on the lives of individuals. The option of declaring bankruptcy is one way to accomplish this. However, courts weren't willing to allow companies to be completely free of responsibility. Therefore, the courts required that they establish asbestos trust funds that would hold money for present and future claims. Asbestos trust funds have amassed more than $30 billion in assets. Despite the huge sums of money available asbestos companies have continued to fight victims and their lawyers in court. They have tried to cast the asbestos companies as villains instead of accept their responsibility for the exposure of workers to asbestos, and causing their illness. It is essential that asbestos victims work with a firm which has been fighting for asbestos victims for a number of years. Levy Konigsberg LLP has been a pioneer in the fight against asbestos for more than 30 years. We represent mesothelioma patients and their families across the United States. Beaverton asbestos lawsuit have a deep understanding of the companies that manufactured and sold asbestos-containing products, and we know how to look into their documents and gather evidence to create strong arguments for our clients. Contact a mesothelioma lawyer to arrange for an initial consultation for free if you have been diagnosed with mesothelioma. We can assist you in getting the compensation you deserve. Contact us via our website or phone number 866-454-829. We would love to hear from you.