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The Process of Asbestos Class Action Litigation Patients diagnosed with mesothelioma should consult a knowledgeable asbestos lawyer as soon as possible. They can guide you through the entire process, including submitting an asbestos lawsuit. Mesothelioma lawyers understand that class action litigation differs from traditional personal injury lawsuits. These lawsuits need to meet strict legal requirements and an exhaustive investigation is required. Statute of limitations Asbestos has a variety of negative effects on health. The most common symptoms of asbestosis, mesothelioma and lung cancer are listed below. Each of these diseases is fatal. Asbestos-related diseases are usually compensated for. The statute of limitations, also known as the time frame within which a person can make a claim, can differ. It's important to speak with an experienced asbestos lawyer before the statute of limitations runs out. In the majority of cases, a plaintiff's “clock” starts to run when they knew or should have known that their injuries were caused by exposure to asbestos. Most people discover when they are diagnosed as having mesothelioma, or another asbestos-related disease. Sometimes, an individual develops an additional asbestos-related illness years after developing asbestosis or another disease. In these instances the statute of limitation for the condition will start to run by itself even if it's after the deadline to file an asbestosis lawsuit. Several companies involved in asbestos-related industries were forced to file for bankruptcy due the huge liability they incurred for their reckless business practices. The companies were forced to establish trust funds to pay future claims to asbestos victims. However they are also restricted in the amount of victims who can be compensated for their injuries. The time limit for asbestos cases will vary by state, but the majority have a limit of two to three years from the time of diagnosis. The timeframe can be affected by factors such as the length of time a person was exposed to asbestos, if they shifted between states and what type of work they carried out. Based on the circumstances of a specific situation An asbestos lawyer may sometimes extend the statute of limitations. This is known as a statute of repose and it allows plaintiffs to file an asbestos suit even after the statute of limitations has expired. In some instances it is necessary if the injured party is unable to acquire the necessary evidence of their exposure to asbestos. Discovery Phase During the discovery phase each team will present the evidence they have. This includes documents, photographs and historical records that prove that the defendants were exposed asbestos and are the ones responsible for mesothelioma. This information can be shared with the other team and can help your lawyer determine whether there is enough common ground for an agreement. If there isn't enough agreement, the case could be heard in court, in which both sides present their case to a judge or jury. Asbestos lawsuits can be complex and lengthy, as it can take years to diagnose mesothelioma and other asbestos-related diseases. Each case is different, but most follow the same basic legal procedures. An experienced mesothelioma attorney will assist you and your family with navigating the complex legal system. They will collaborate with a group of legal professionals, which includes lawyers, investigators, paralegals and medical experts. Mesothelioma is a type of cancer that affects the lining of organs internal to them such as the lungs, heart, and abdomen. The cancer is caused by asbestos exposure which was widely used in the United States after World War II. Mesothelioma is usually caused by exposure to multiple asbestos-based products. Asbestos exposure is so widespread that mesothelioma suits often involve class actions. Asbestos litigation is complex because it requires the victims to prove that their injuries are due to asbestos exposure and that the companies 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 attorney can review your history of exposure and determine which companies are responsible for your illness. They can also help you bring a lawsuit against the appropriate defendants. Mesothelioma compensation can vary from case to case, but the majority of victims receive compensation for their current and past medical expenses, lost wages, future prognosis and life expectancy emotional distress, suffering and pain. Compensation may also cover damages for wrongful death. A mesothelioma lawyer will discuss the specifics of your case during a free review of your case, with no obligation. Settlements Asbestos exposure can lead to various illnesses, including mesothelioma. Legal representation is essential for those who have been identified as mesothelioma sufferers to seek justice against those 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 those who were exposed to the toxic substance in their workplaces or military bases, homes and even due to asbestos exposure through secondhand sources. The victims are entitled to compensation for medical expenses and lost wages if they were not able 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 from any company. During Vacaville asbestos lawsuit of an asbestos class-action lawsuit, both parties collect facts and documents in order to support their assertions. This can take a few months or more, as the two teams search for documents and speak with witnesses. Mesothelioma lawyers will use this information to determine the most appropriate mesothelioma settlement amounts for their clients. They can look into the victim's job and military background to determine the that asbestos was exposed. They may also speak with former employees to find more proof that asbestos companies are accountable for the damages suffered by victims. It must be determined before a mesothelioma lawsuit can be filed, that there are enough similarities in the individual cases to make it impractical or costly to bring separate lawsuits. This was especially prevalent in the early days of asbestos litigation, long before mesothelioma had been definitively associated with exposure to asbestos-containing materials. Asbestos victims should be prepared to negotiate the highest possible settlement amount, as companies that expose victims often try to settle claims quickly in order to reduce their legal costs. Some victims have taken advantage of settlements that are much less than the true value of their mesothelioma claims. Mesothelioma lawyers can bargain with asbestos companies to ensure their clients get fair settlements. Trial Once the legal process has begun the victims and their lawyers begin collecting evidence for the case. It can take several months for both sides to review documents and talk to witnesses. The evidence will help an attorney decide which companies should compensate the victim. During this time, lawyers can also request records of asbestos trust funds which are set up for the reimbursement of medical bills and expenses incurred by victims with mesothelioma. Asbestos lawsuits across the country have resulted in multi-million-dollar settlements and verdicts. Despite this, companies that used asbestos in the past are still trying to avoid to avoid responsibility for the effects of their products on people's lives. One way to do this is to declare bankruptcy. The courts were not content to let companies completely escape obligation to pay. The courts ordered that companies establish asbestos trust funds in order to store money to cover current and future claims. Asbestos trust funds have assets of more than $30 billion. Despite the money available asbestos companies continue to fight victims and their lawyers in court. They have tried portraying them as villains, rather than admitting that they are responsible for exposure of asbestos workers and causing their ailments. It is important that victims work with a firm who has been fighting for asbestos victims for a number of years. Levy Konigsberg LLP has been an innovator in the fight against asbestos for over 30 years. We represent mesothelioma patients and their families across the United States. We have a deep understanding of the companies that produced 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 no-cost consultation. We can assist you in obtaining the compensation you deserve. Contact us via our website or by calling 866-454-8529. We are looking forward to hearing from you.