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The Process of Asbestos Class Action Litigation Contact an asbestos lawyer as soon after a diagnosis of mesothelioma as possible. They can offer guidance throughout the entire process including filing a asbestos lawsuit. Mesothelioma lawyers understand that class action litigation differs from traditional personal injury claims. These lawsuits must satisfy strict legal requirements and a thorough investigation is required. Statute of limitations Asbestos exposure may have various negative consequences on the health of people who are affected. The most frequent symptoms are mesothelioma, lung cancer and asbestosis. Each of these diseases can be fatal. Asbestos-related ailments are typically compensated for. The statute of limitations, or time frame within which a person can file a lawsuit, can differ. It is important to consult with an asbestos attorney before the statute runs out. In general the statute of limitations “clock” begins to run at the point when a plaintiff knew or should have known their injury was due to asbestos exposure. For most people, this is when they are diagnosed with mesothelioma, or any other asbestos-related illness. Sometimes, a person develops an additional asbestos-related illness years after acquiring asbestosis or a different disease. In these instances even if the deadline for filing an asbestosis lawsuit has been met but the time limit for the condition that was not previously treated will start to expire. Several companies involved in asbestos industries were forced to file for bankruptcy due the enormous liability they faced for their business practices that were reckless. The companies were forced to establish trust funds in order to pay future claims of asbestos victim. However the funds are restricted in the number of asbestos victims who will be compensated for their injuries. The statute of limitations for an asbestos-related case is different for each state, but generally there is a limit of two to three years from the time of diagnosis. The timeframe can also be affected by factors like the length of time the person was exposed to asbestos and whether they relocated from one state to another. A lawyer for asbestos can sometimes extend the statutes of limitation in accordance with the particular circumstances of the case. This is referred to as a statute of repose and it allows those who are seeking to bring an asbestos suit even after the statutory limit is reached. In some cases it is possible for a claimant to need an extension if they have not been able obtain important evidence of asbestos exposure. Discovery Phase During the discovery phase during the discovery phase, both teams will present any evidence they have. Photographs, documents and historical documents can be used to demonstrate that the defendants were exposed to asbestos and responsible for mesothelioma. This information can be shared with the other side and help your lawyer determine whether there is enough common ground for a settlement. If, however, there isn't enough agreement, the lawsuit may go to trial in which both sides present their case to the jury or judge. Asbestos lawsuits are complex and lengthy, since it can take decades to identify mesothelioma and other asbestos-related diseases. Each case is unique, but most follow the same basic legal procedures. A mesothelioma lawyer can help you and your family navigate through the complex legal system. They will work with an entire team of legal professionals including paralegals, lawyers investigators, medical experts, and investigators. Mesothelioma is a kind of cancer that affects the lining of organs internal to them, including the lungs, heart and abdomen. Rio Rancho asbestos attorney is caused by asbestos exposure, which was extensively used in the United States after World War II. Patients who develop mesothelioma typically have exposure to multiple asbestos-related products. Asbestos exposure is so widespread that mesothelioma cases often require class actions. Asbestos litigation can be complicated as it requires victims to prove that their injuries result from asbestos exposure, and that the company were negligent in the exposure of asbestos. Finding a mesothelioma attorney who is competent to handle asbestos-related claims is the first step. An attorney for mesothelioma can analyze your history of exposure and determine which companies are accountable for your illness. They can help you file a lawsuit against the defendants. The compensation for mesothelioma differs based on the specific case. However, most patients receive compensation for past and present medical bills as well as lost wages, and the future prognosis as well with emotional distress, pain and suffering, and their emotional suffering. In addition, damages for wrongful death may be included in compensation. In a no-cost and absolutely no-obligation evaluation of your case A mesothelioma lawyer will discuss the details. Settlements Many people who worked with asbestos were exposed to asbestos for a long time. This exposure could have caused various types of diseases including mesothelioma. Individuals who have been diagnosed with mesothelioma should seek legal representation to seek justice against the companies responsible for their injuries. The asbestos companies must be held accountable for their negligence and must compensate victims and their families. Mesothelioma lawsuits are filed by those who have been exposed to asbestos in their workplaces, homes or military bases, or even at home. The victims are entitled to compensation for their medical expenses as well as lost wages if they were not able to work, as well as their pain and suffering. Before accepting a settlement asbestos victims and their families need to know the value of their case really is worth. During the discovery stage of an asbestos class-action lawsuit, both parties collect evidence and documents to support their claims. It could take several months for the two parties to find documents and to interview witnesses. Mesothelioma lawyers use this information to determine the most appropriate mesothelioma compensation amounts for their clients. They can also look at the victim's military background to determine the period in which asbestos was exposed. They can also speak to former employees to get more proof that asbestos companies are accountable for the damage 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 impossible or difficult to make separate lawsuits. This was especially common in the beginning of asbestos litigation before mesothelioma was conclusively tied to exposure to asbestos-containing substances. Asbestos victims must be prepared to negotiate the highest possible settlement amount, since companies that expose victims will often try to settle claims quickly to save money on legal costs. Sadly, some victims have accepted quick offers that are significantly less than the actual worth of their mesothelioma lawsuit. Mesothelioma lawyers can bargain with asbestos companies to ensure that their clients get fair settlements. Trial When the legal process starts, victims and their attorneys begin to collect evidence to support their case. This can take months as both sides look over documents and interview witnesses. The evidence can help an attorney determine which companies are responsible for compensating the victim. During this time, lawyers can also request records of asbestos trust funds which are established for the payment of medical bills as well as expenses incurred by those suffering from mesothelioma. Asbestos-related lawsuits have led to settlements and verdicts in the millions for victims across the United States. However however, a lot of companies that employed asbestos are still trying to avoid responsibility for their products' impact on the lives of individuals. One method to avoid this is to declare bankruptcy. However, courts weren't willing to let the companies avoid responsibility completely. Therefore, the courts ordered the establishment of asbestos trust funds to store funds for future and present 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 to cast the asbestos companies as villains instead of admitting that they are responsible for exposing workers to asbestos and causing their illness. It is crucial 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 over 30 years. We represent mesothelioma victims 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 how to gather evidence and examine their records to create solid cases for our clients. Contact a mesothelioma attorney for an appointment for a no-cost consultation in case you've been diagnosed. We can help you get the compensation you deserve. Contact us at 866-454-8529, or visit our website. We look forward hearing from you.