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The Process of Asbestos Class Action Litigation Consult an asbestos lawyer as soon after the diagnosis of mesothelioma as possible. They can offer guidance throughout the entire process including submitting an asbestos lawsuit. Mesothelioma lawyers understand that class action litigation differs from traditional personal injury cases. These lawsuits need to meet strict legal requirements and a thorough investigation will be required. Statute of Limitations Asbestos can have many negative effects on health. The most frequently reported symptoms are lung cancer, mesothelioma and asbestosis. Each of these conditions could be fatal. Asbestos-related diseases are usually compensated for. The statute of limitations, or time frame within which a person can make a claim, can differ. It is important to consult an experienced asbestos lawyer prior to the statute of limitations expires. In general the plaintiff's “clock” runs when they know or should have known that their injury was due to asbestos exposure. Most people will find out when they are diagnosed mesothelioma, or some other asbestos-related disease. Occasionally, a person will suffer from an additional asbestos-related illness after the time they first diagnosed with an asbestosis or another disease. In these cases even if the deadline for filing a lawsuit against asbestosis has been met, the statute of limitation for the additional condition will begin to run. A number of companies operating in the asbestos industry declared bankruptcy due to the massive liabilities they faced due to their reckless business practices. The companies were forced to establish trust funds in order to pay future claims of asbestos victim. However they are also limited in the number of asbestos victims who will be compensated for their injuries. The time limit for asbestos cases varies between states, however in most states, the limitation is between two and three years after diagnosis. The time frame can be affected by factors like how long a person was exposed to asbestos, whether they shifted between states and what type of work they carried out. 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. It allows claimants to file a lawsuit against asbestos after the deadline for filing claims has passed. In some instances, a claimant may need an extension if they have not been able to obtain the necessary evidence of asbestos exposure. Discovery Phase During the discovery stage, both teams will present any evidence they have. Documents, photographs and historical documents can be used to show that the defendants were exposed asbestos and responsible for your mesothelioma. This information can be shared among the two teams and can help your lawyer determine whether there is enough agreement to reach a settlement. If there's no agreement, then the case may be brought to trial, where both sides will be able to present their case to a jury or judge. The legal procedure for asbestos lawsuits can be complicated and long-winded, as it can take years between the time of exposure and the diagnosis of mesothelioma or an asbestos-related disease. Each case is different however the essential legal procedures are the same. A mesothelioma lawyer can assist you and your family navigate the complicated legal system. They will collaborate with a network of legal professionals, such as paralegals, investigators, lawyers and medical experts. Carson asbestos lawsuit is a kind of cancer that affects the lining of internal organs, including the lungs, the heart and abdomen. It is caused 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 products. Asbestos exposure is so widespread that mesothelioma cases often involve class actions. Asbestos litigation is often complicated, as victims must prove that their injuries are the result of exposure to asbestos and that the companies exposed them in a negligent manner. Finding a mesothelioma lawyer that is qualified to handle asbestos-related claims is the first step. An experienced mesothelioma lawyer can examine your history of exposure and pinpoint the companies that are responsible for your condition. They can assist you in filing a lawsuit against the defendants. The compensation for mesothelioma differs based on the particular case. However, most patients are compensated for medical bills as well as lost wages and a the future prognosis as well with emotional distress, pain and suffering and emotional suffering. Wrongful death damages can also be included in compensation. During a free and no-obligation review of your case, a mesothelioma lawyer will discuss the details. Settlements Many people who worked with asbestos were exposed to the substance for a long time, and this exposure could have caused several types of illnesses including mesothelioma. Individuals who have been diagnosed with mesothelioma should seek legal counsel to pursue justice against the companies accountable for their injuries. The asbestos companies are accountable for their negligence, and they must compensate victims and their families. Mesothelioma lawsuits can be filed on behalf of people who were exposed to the toxic substance at their workplaces at military bases, homes or as a result of asbestos exposure through secondhand sources. The victims need compensation for their medical expenses as well as lost earnings if they were unable to work, and for their suffering and pain. Asbestos victims and their families must know the value of their case worth prior to accepting a settlement offer from any business. During the discovery stage of a asbestos class-action lawsuit, both parties gather evidence and documents to support their assertions. It can take several months for the two sides to find documents and to interview witnesses. The information will be used by mesothelioma lawyers to determine the most appropriate compensation amount for their clients. They can also look at the victim's job and military history to determine the period in which asbestos was exposed. They may also speak to former employees to obtain more proof that asbestos companies are responsible for the damages suffered by victims. In order for mesothelioma-related class action lawsuits to move forward, it must be determined that there are enough commonalities between the individual cases that it is not feasible or burdensome for them to file separate lawsuits. This was particularly prevalent in the early days of asbestos litigation, prior to the time that mesothelioma had been definitively linked to exposure to asbestos-containing materials. Asbestos patients must be prepared to negotiate the best possible settlement amount, since those who expose victims often try to settle claims fast to save money on their legal costs. Unfortunately, some victims accepted settlements that were far less than the true value of their claim for mesothelioma. Mesothelioma lawyers can negotiate with asbestos companies to ensure that their clients receive fair settlements. Trial Once the legal process begins the victims and their lawyers begin collecting evidence to support their case. It could take months as both sides review documents and talk to witnesses. The evidence will assist an attorney decide which companies should compensate 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 across the country have resulted in multi-million-dollar settlements and verdicts. However the fact that many companies who once used asbestos are now trying to avoid accountability for their products' impact on people's lives. One method to avoid this is to declare bankruptcy. The courts were not prepared to let companies completely escape their obligations. The courts ruled that the companies establish asbestos trust funds in order to keep money in reserve to cover current and future claims. Asbestos trust funds currently have assets of more than $30 billion. Despite the huge sums of money available, asbestos companies have continued to fight victims and their lawyers in court. They have tried to portray them as villains, rather than accepting the responsibility of the exposure of asbestos workers and causing diseases. This is why it is important for asbestos victims to choose an attorney firm with years of experience in defending the rights of the victims of asbestos exposure. Levy Konigsberg LLP has been a leader in the fight against asbestos for over 30 years. We represent mesothelioma patients as well as their families across the United States. We are knowledgeable of the businesses that made and sold asbestos-containing product, and we know what to do to gather evidence and examine their records to create solid cases for our clients. If you've been diagnosed with mesothelioma, seek out a mesothelioma lawyer to get a free consultation. We can help you receive the compensation you deserve. Contact us via our website or phone number 866-454-829. We look forward hearing from you.