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The Process of Asbestos Class Action Litigation Consult an asbestos lawyer as soon after a diagnosis of mesothelioma is possible. These attorneys can provide guidance throughout the entire process, including submitting an asbestos lawsuit. Mesothelioma lawyers recognize that class action litigation is different from traditional personal injury cases. These lawsuits must meet strict legal requirements and a thorough investigation is required. Statute of Limitations Asbestos exposure can have various negative consequences on the health of people who are affected. The most common symptoms are mesothelioma, lung cancer and asbestosis. Each of these diseases can be fatal. Asbestos-related victims with an illness that is diagnosed are typically entitled to compensation. However the statute of limitations, which is the time frame within which a person is able to file a lawsuit-can differ. It's important to speak with an experienced asbestos lawyer prior to the statute of limitations expires. In the majority of cases the plaintiff's “clock” starts to run when they knew or should have been aware that their injuries were due to asbestos exposure. For most people, this will be when they are diagnosed with a mesothelioma or another asbestos-related disease. Sometimes, a person may develop a second asbestos-related disease after the time they first diagnosed with an asbestosis or another disease. In these cases the statute of limitations for the condition will begin to run on its own regardless of whether it occurs after the deadline to file an asbestosis lawsuit. A number of companies in the asbestos industry filed for bankruptcy due to the massive liabilities they were facing as a result of their reckless business practices. The companies were required to establish trust funds in order to pay future claims of asbestos victim. However they are also restricted in the number of asbestos victims who will be compensated for their injuries. The time limit for asbestos cases can differ from state to state, however in most states, the limit is two to three years after the diagnosis. The time frame can be affected by other factors like how long a person was exposed to asbestos, whether they moved between states and the type of work they performed. A lawyer for asbestos can sometimes extend the statutes of limitations depending on the specific circumstances of the case. This is known as a statute of repose and permits those who are seeking to file an asbestos lawsuit after the deadline for filing a lawsuit has expired. In Springfield asbestos lawsuit , an extension may be necessary if the injured party is unable to obtain important documents that prove their asbestos exposure. Discovery Phase During the discovery phase both teams present what evidence they have. Photographs, documents, and historical records can be used to demonstrate that the defendants were exposed to asbestos and responsible for your mesothelioma. This information can be shared among the two teams and can help your lawyer determine if there is enough agreement to reach a settlement. If there isn't enough agreement, the lawsuit may be brought to trial, in which both sides present their case before a judge or jury. Asbestos lawsuits are complex and long-winded, as it can take decades to identify mesothelioma and other asbestos-related diseases. Each case is different, but the majority follow the same legal procedure. An experienced mesothelioma attorney can assist you and your family with understanding the complex legal system. They will collaborate with a team of legal professionals, such as paralegals, investigators, lawyers and medical experts. Mesothelioma is a type of cancer that affects the lining of internal organs, including the lungs, heart, and abdomen. It is caused by exposure to asbestos, which was widely used in the United States during World War II and the postwar boom in construction. Mesothelioma is often caused by exposure to multiple asbestos products. Because asbestos exposure is widespread, mesothelioma lawsuits usually involve claims for class action. Asbestos litigation is complex because it requires the victims to prove that their injuries are due to asbestos exposure, and that the company were negligent in exposed them. The most important step in an asbestos claim is to locate a reputable mesothelioma law firm. A mesothelioma attorney can review your history of exposure and identify 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 the majority of victims receive compensation for their past and present medical bills, lost wages the future prognosis for their life, emotional distress and pain and suffering. Damages for wrongful death can also be included in compensation. A mesothelioma lawyer will go over the details of your case in a complimentary, no-obligation case review. Settlements Many people who worked with asbestos were exposed to the substance for a long time. This exposure may have led to various types of diseases, including mesothelioma. People who have been diagnosed with mesothelioma should seek legal representation to seek justice against the businesses responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their families. Mesothelioma lawsuits can be filed on behalf of people who were exposed to the dangerous substance at their workplaces, military bases or homes due to asbestos exposure through secondhand sources. They need compensation for their medical expenses and lost earnings if they were unable to work and their suffering and pain. Asbestos victims and their families need to know 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 parties gather evidence and documents to support their claims. This could take a few months or longer as the two teams search for documents and speak with witnesses. Mesothelioma lawyers use this information to determine the best mesothelioma settlement amounts for their clients. They can also look at the victim's job and military history to determine the time period in which asbestos was exposed. They can also talk to former employees to obtain more proof that asbestos-related companies are responsible for the damages suffered by victims. To permit a mesothelioma class action lawsuit to be filed it must be established that there are enough commonalities between the individual cases that it is not feasible or costly for them all to file separate lawsuits. This was especially prevalent 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 for the highest settlement amount, as companies who disclose victims typically settle claims quickly in order to save money. Some victims have taken advantage of settlements that are much less than the actual value of their mesothelioma claims. Mesothelioma lawyers can negotiate with asbestos companies to ensure their clients get fair settlements. Trial As soon as the legal process begins, victims and their lawyers begin collecting evidence to support the case. It could take months as both sides review documents and interview witnesses. The evidence will help an attorney decide which companies should compensate the victim. During this period, the lawyers can also request the records of asbestos trust funds which are set up for the payment of medical bills as well as expenses incurred by victims with mesothelioma. Asbestos lawsuits across the country have led to multi-million dollar settlements and verdicts. Despite this, the companies who have employed asbestos in the past continue to try to avoid responsibility for the effects of their products on people's life. One way to avoid accountability is to declare bankruptcy. The courts were not prepared to let companies completely escape their obligations. The courts ordered that the companies establish asbestos trust funds to hold money to cover future and current claims. Asbestos trust funds have now amassed over $30 billion in assets. Despite the amount of money available, asbestos companies continue to fight victims and their lawyers in court. They have tried portraying them as villains, rather than accepting their responsibility for exposing asbestos workers and causing ailments. It is crucial that asbestos victims work with a firm that has fought for asbestos victims for many years. Levy Konigsberg LLP has been an innovator in the fight against asbestos for over 30 years. We represent patients with mesothelioma and their families throughout the United States. We are knowledgeable of the businesses that made and sold asbestos-containing products, and we know what to do to gather evidence and investigate their records to create solid cases for our clients. If you've been diagnosed with mesothelioma get in touch with a mesothelioma attorney to arrange for a free legal consultation. We can help you get the compensation you deserve. Contact us via our website or by calling 866-454-8529. We look forward to hearing from you.