Asbestos Class Action Litigation Asbestos suits can offer compensation to victims and their families. Anyone who was exposed to asbestos and has developed mesothelioma or lung cancer or other asbestos-related illness can start a class or individual action lawsuit. The litigation process includes providing medical bills as well as employment and other documents to your attorney. You may need to attend depositions. Why Asbestos Illnesses? Asbestos, which is a cancer-causing chemical was once widely used in commercial and building projects. Asbestos-containing products are destroyed, releasing tiny fibers into the air. They can be breathed in. These fibers could cause life-threatening, fatal illnesses like asbestosis and mesothelioma. Mesothelioma is a fatal type of lung cancer caused by exposure to asbestos fibers. The disease can take years to develop. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties. An experienced attorney can assist victims and their families recover compensation from asbestos-related companies for past and future medical expenses, lost wages and other damages. In addition mesothelioma lawsuits may award punitive damages in order to penalize defendants for their reckless behavior. While every asbestos case is unique, the underlying elements are the same. Each victim must prove they were exposed to asbestos, suffer from a medical condition that is caused by exposure and that they have the right to compensation. Why do we need to seek justice for asbestos-related illnesses? Mesothelioma and other asbestos-related diseases can be very debilitating and patients require compensation to pay for their treatment. Many companies that employed, distributed or manufactured asbestos exposed their workers to the dangerous substance. Victims deserve justice. A mesothelioma suit allows victims to hold negligent businesses accountable for their actions. The lawsuits also guarantee that victims and their families receive a fair compensation to pay for funeral costs, lost wages and other damages. In addition to money awarded in a lawsuit, mesothelioma patients may be eligible for punitive damage that are designed to penalize the defendant and discourage others from engaging in similar misconduct. These damages are not mandatory however they may be given at the discretion of a judge. A class action lawsuit can be a simple and effective way to bring claims against several asbestos-related businesses that are negligent all at once. It is crucial that each victim has an experienced attorney who can provide individualized representation and fight for the most favorable outcome. The lawyers at Kennedy & Associates have extensive experience fighting for asbestos victims' rights. Contact us today to learn more about the services we offer. We can help you receive the compensation you deserve. What is Asbestos Litigation? A lawsuit filed after being diagnosed with mesothelioma or another asbestos-related illness, is a great method of holding the manufacturers accountable for their wrongful actions. A successful mesothelioma case requires proof that you were exposed to asbestos and that exposure to asbestos was the reason for the illness. Your lawyer might need to gather employment records, talk to co-workers or unions, and look over medical records to prove your injury. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous people have declared bankruptcy and put up trust funds to compensate victims. Scientists have known for a long time asbestos is a major cause of lung diseases and damages. litigation report asbestos seek to recover victims' medical expenses, lost wages and pain and suffering. Historically, mesothelioma cases were brought as class actions since it was believed that a single lawsuit would pay victims fairly. However, it is now recognized that individual mesothelioma claims are more likely to result in substantial settlements for victims. Asbestos lawsuits may be filed as personal injury claims or wrongful death cases. Each case is different. It is crucial to partner with a mesothelioma lawyer firm with a nationwide network of lawyers. Their knowledge of asbestos cases and mesothelioma treatment options will ensure you get the most effective settlement or verdict. When should I file a Lawsuit? It is essential that victims and their families act promptly, even though it may take a while to file a lawsuit. The statutes of limitations vary by state, but for the majority of asbestos victims, they are allowed between one and five years following diagnosis or discovery to submit a claim. Mesothelioma can develop 10-40 years after exposure. Many people who suffer from mesothelioma were exposed to asbestos-containing products at various time points throughout their lives. A lawsuit could make asbestos manufacturers accountable for their negligence and help compensate victims. A class settlement is a method for multiple mesothelioma plaintiffs to seek compensation from the same company. The U.S. Supreme Court ruled that businesses should not settle with the class members prior to a diagnosis with asbestos-related illnesses. Asbestos claims are primarily filed as individual mesothelioma lawsuits. These lawsuits are similar in nature to class action claims, but have individual defendants. They also follow a more focused litigation approach. Individual cases allow victims to receive a higher level of damages. This is due to the jury hearing each victim's unique exposure history and the specific asbestos-related diseases they suffer from. The more mesothelioma lawyers know about each case's specifics, the better they can ensure compensation for victims and their families. How do I tell when I'm dealing with a case? Every asbestos case has its own unique features. An experienced mesothelioma lawyer will conduct a thorough investigation into your specific exposure history symptoms, medical records and other information to determine the quality of your case. They will also review company documents and conduct depositions if necessary to collect more details. Many asbestos product manufacturers were aware of the dangers, yet continued to employ the material and conceal the risks from their employees. A lawsuit against asbestos-related companies is a way to hold them accountable and get compensation for the costs related to the disease. Some asbestos companies were able to stay out of liability by declaring bankruptcy but the courts were not going to allow them to do it. As a result, they were forced to put money aside into trust funds that pay victims with mesothelioma and other asbestos-related illnesses. If you have been diagnosed with an asbestos-related health issue, an experienced attorney will fight to secure the highest amount of compensation that is feasible. However, you should know that it typically takes eighteen months for victims to receive a settlement and some cases could go to trial before they are settled. Trials are a lengthy process that can last for years, but it has the benefit of the defendants being exposed to scrutiny by the public and providing a jury with more evidence regarding the extent to which you were exposed to asbestos. What is the Difference Between Settlements and Trials? While each asbestos lawsuit is distinct however, the majority follow the same legal procedure. The person who is filing the lawsuit - called the plaintiff - must prove that they were exposed to asbestos and developed an asbestos-related disease, that the company responsible caused this exposure and they deserve compensation. This can be accomplished through a variety means like documents regarding employment and medical records, experts witnesses, etc. In the past, asbestos victims have filed numerous cases as class actions. Class action lawsuits allow for a single person to file a lawsuit on behalf of a group that is similarly affected. The class is represented by a team of attorneys who define the members of the class and then submit the lawsuit to the court for its approval. The law has changed and class actions can no longer assist in obtaining justice for mesothelioma cases. Mesothelioma attorneys and judges have noted that a single case does not always resemble the other cases in the proposed class. Therefore, it is more efficient for patients of mesothelioma to bring their personal injury or wrongful-death claims individually. Some individuals might also be able to claim compensation through bankruptcy trusts that have been established from the bankrupt asbestos companies. Trust claims for funds are less prone to proof than typical lawsuits and offer victims a faster route to compensation. How Can I get help? You could be eligible for compensation if you have been diagnosed with mesothelioma or asbestosis. You should contact mesothelioma lawyers who can assist you in gathering evidence about your past exposure to asbestos and determine the companies accountable. Your attorney will also be able to discuss whether a settlement or trial is in your best interest and work with the companies to reach a deal. In the past, those who suffered similar injuries were able to make class action lawsuits against asbestos producers. This reduced the burden on the courts. Each case is different. Therefore the filing of a lawsuit as a group is not the best choice for all victims. Whatever type of lawsuit you are seeking, it is important to act swiftly. To ensure your rights are protected it is recommended that you consult a mesothelioma attorney who is experienced. Your lawyer will go over your medical records and employment history to determine if you have a strong claim and a good chance at receiving compensation. They can also assist in obtaining any required documents from asbestos companies to prove your claim. They can also explain the litigation process to you and make sure that you are aware about your case.
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