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The Process of Asbestos Class Action Litigation Contact an asbestos lawyer as soon after the mesothelioma diagnosis as is possible. They can assist you through the entire process including filing an asbestos suit. Atlanta asbestos lawyer are aware 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 exposure can have various negative impacts on the health of those affected. The most frequent symptoms are mesothelioma, lung cancer and asbestosis. Each of these diseases can be fatal. Asbestos sufferers with a diagnosed illness are often owed compensation. However the statute of limitations, which is the period of time within which a person can file a lawsuit – may differ. It is important to consult an experienced asbestos lawyer before the statute of limitations runs out. In general the statute of limitations “clock” runs at the time a plaintiff knew or should have known that their injury was caused by asbestos exposure. Most people will find out when they are diagnosed as having mesothelioma, or another asbestos-related disease. Sometimes, a person develops an additional asbestos-related disease years after acquiring asbestosis or a different disease. In these instances, even though the deadline for filing a claim against asbestosis has passed, the statute of limitation for the additional condition will start to expire. Several companies involved in the asbestos industry were forced to file for bankruptcy due the enormous liability they faced for their sloppy business practices. The companies were required to establish trust funds to pay future claims of asbestos victims. However, these funds are limited in terms of the number of asbestos victims who will be compensated for their injuries. The statute of limitations for asbestos cases is different for each state, but most have a limit of between two and three years from the date of diagnosis. The timeframe can also be impacted by factors such as how long a person was exposed to asbestos, if they moved between states and what type of work they performed. Based on the specific circumstances of a situation the asbestos lawyer can extend the statute of limitations. This is known as a statute of repose and it permits claimants to bring an asbestos lawsuit even after the statute of limitations is reached. In certain situations it is possible for a claimant to need an extension if they have not been able to get important documentation that proves 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 between the two teams and can help your attorney determine whether there is enough common ground to negotiate a settlement. However, if there is not sufficient agreement, the lawsuit could go to trial in which both sides present their case to the jury or judge. The legal procedure for asbestos lawsuits is complicated and lengthy, as it takes decades between the time of exposure and the diagnosis of mesothelioma, or another asbestos-related disease. Each case is unique however the fundamental legal procedure is the same. A mesothelioma attorney can help you and your family navigate the complicated legal system. They will collaborate with a group of legal professionals, such as paralegals, investigators, lawyers and medical experts. Mesothelioma is a form of cancer that affects the tissues of internal organs like the lungs the heart, and the abdomen. It is caused by exposure to asbestos which was used extensively in the United States during World War II and postwar construction booms. Mesothelioma can be caused by exposure to a variety of asbestos-based products. Because asbestos exposure is so widespread, mesothelioma lawsuits often include class action lawsuits. Asbestos litigation is complicated because it requires victims to prove their injuries are due to asbestos exposure and that the companies were negligent in the exposure of asbestos. Finding a mesothelioma lawyer that is qualified to handle asbestos claims is the first step. A mesothelioma attorney can review your exposure history and determine which companies are responsible for your condition. They can also assist you in filing an action against the defendants. The compensation for mesothelioma differs based on the particular case. However, most patients receive compensation for their medical bills as well as lost wages, and the possibility of a future prognosis, as in emotional distress, pain and suffering, and their emotional distress. In addition, damages for wrongful death may be included in compensation. During a free and free review of your case an attorney for mesothelioma will discuss the details. Settlements Asbestos exposure can lead to many illnesses, including mesothelioma. Legal representation is needed by people who have been diagnosed as mesothelioma patients to seek justice against the parties responsible for their injuries. The asbestos companies are responsible 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 in their workplaces or military bases, homes as a result of asbestos exposure from secondhand sources. The victims are entitled to compensation for medical expenses, lost wages (if they were unable work) and suffering and pain. Before accepting a settlement asbestos victims and their families must to know the value of their case really is worth. During the discovery phase of asbestos class action lawsuits each side gathers facts and documents to prove their assertions. It may take a few months for the two teams to search for documents and speak with witnesses. Mesothelioma lawyers use this information to determine the best mesothelioma compensation amounts 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 more evidence that the asbestos companies are liable for the injuries suffered by victims. It must be determined before a mesothelioma lawsuit is filed, that there are enough similarities between the individual cases to make it impossible or costly to bring separate lawsuits. This was particularly common in the beginning of asbestos litigation before mesothelioma could be definitively linked to exposure to asbestos-containing substances. Asbestos patients must be prepared to negotiate the highest possible settlement amount, as those who expose victims often try to settle claims quickly in order to save money on legal costs. Unfortunately, some victims have taken advantage of settlements that are much less than the actual worth of their mesothelioma lawsuit. Mesothelioma attorneys are able to negotiate with several asbestos companies to ensure their clients receive fair settlements. Trial Once the legal process has begun, victims and their attorneys will begin gathering evidence to support the case. It could take several months for both sides to review documents and talk to witnesses. The evidence collected will assist a lawyer in determining which companies are responsible to compensate the victim. During this time, lawyers can also request the records of asbestos trust funds which are established for the payment of medical bills as well as expenses incurred by patients suffering from mesothelioma. Asbestos lawsuits have resulted in multi-million dollar verdicts and settlements for victims across the nation. Despite this, companies who employed asbestos in the past are still trying to avoid to avoid accountability for the negative impact of their products on the human lives. Insolvency is one method to accomplish this. The courts were not content to allow companies to completely escape their obligation to pay. As a result, the courts required that they establish asbestos trust funds to store funds for future and present claims. Asbestos trust funds are now amassed more than $30 billion of assets. Despite the huge sums of money available asbestos companies continue to fight victims and their lawyers in court. They have tried to portray them as villains, instead of accepting their responsibility for exposure of asbestos workers and causing ailments. It is important that victims work with a firm who has been fighting for asbestos victims for many years. Levy Konigsberg LLP has been a leader in the fight against asbestos for over 30 years. We represent patients with mesothelioma and their families throughout the United States. We have extensive knowledge of the companies that produced and sold asbestos-containing products and we know how to investigate their documents and gather evidence to build strong cases for our clients. Contact a mesothelioma lawyer for an appointment for a no-cost consultation when you've been diagnosed. We can assist you in getting the compensation you deserve. Call us at 866-454-8529 or contact our website. We would love to hear from you.