Asbestos Class Action Litigation Asbestos suits can provide compensation to victims and their families. Anyone who has been exposed to asbestos and has developed mesothelioma or lung cancer or other asbestos-related diseases can start a class or individual action lawsuit. Your attorney must submit medical bills, employment records, and other documents in the course of the litigation process. You may need to be present for depositions. Why Asbestos Illnesses? Asbestos, a cancer-causing substance, was once widely used in commercial and building projects. When asbestos-containing products break down, tiny fibers are released into air, where they can be inhaled by anyone nearby. Over time they can cause life-threatening and serious illnesses like asbestosis, mesothelioma and pleural plaques. Mesothelioma is a fatal type of lung cancer that is caused by exposure to asbestos fibers. It typically takes years for patients to develop the cancer. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties. An experienced lawyer can assist victims and their families receive compensation from asbestos-related companies for past and future medical expenses, lost wages, and other damages. A mesothelioma lawsuit can also be awarded punitive damages to penalize defendants who have committed reckless acts. The underlying elements of each asbestos claim are the same, however, every case is distinct. Each victim must show that they were exposed, that they are suffering from a disease related to asbestos exposure and that compensation is due. 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 manufactured or distributed asbestos knew that they exposed their employees to the hazard of asbestos and those who were exposed deserve justice. A mesothelioma lawsuit allows victims to hold companies that are negligent accountable for their actions. The lawsuits also ensure that victims and their families receive the proper compensation to pay for funeral expenses, lost wages and other damages. In addition to money awarded in a lawsuit, mesothelioma victims might be eligible for punitive damage that is intended to penalize the defendant and deter others from engaging in similar acts. These damages are not required but may be awarded by the judge at his discretion. A class action lawsuit is a convenient way to file an action against a number of negligent asbestos-related businesses at one time. However, it is important for each victim to have an experienced lawyer who can offer a personalised 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 provide. We can help you receive the compensation you deserve. What is Asbestos Litigation? If you've been diagnosed with mesothelioma, or another asbestos-related illness having a lawsuit filed is a good method to hold the manufacturer accountable for their negligence. A successful mesothelioma lawsuit requires proof that you were exposed to asbestos and that exposure to asbestos was the reason for your condition. Your lawyer may need to gather employment records, talk to unions or coworkers, and examine medical records to prove that you suffered an injury. Asbestos lawsuits have been ongoing for decades in the United US. Hundreds of people have declared bankruptcy and set trust funds to pay victims. Scientists have proven for a long time that asbestos is responsible for lung damage and causes diseases. Mesothelioma lawsuits seek compensation for victims of medical expenses, lost wages, and suffering and pain. In the past, mesothelioma cases were brought as class actions, because it was believed that a single lawsuit could be fair to victims. However, it is now recognized that individual mesothelioma claims are more likely to result in significant compensation for the victims. Asbestos lawsuits can be personal injury or wrongful death claims. Every case is unique. It is nevertheless important to partner with a reputable mesothelioma law firm with a national network of attorneys. Their knowledge of asbestos litigation and treatment options for mesothelioma will ensure you get the most effective settlement or verdict. When should I file a Lawsuit? It is crucial that the victims and their families respond as fast as they can even if it will take some time to file a suit. The statutes of limitations vary from state to state, however for most asbestos victims they have between one and five years from diagnosis or discovery before they can make a claim. Mesothelioma can develop 10-40 years after exposure. Many people with mesothelioma have had exposure to asbestos-containing products at various times during their lives. A lawsuit can hold asbestos manufacturers accountable for their negligence and to compensate victims. A class action settlement permits multiple mesothelioma sufferers to pursue compensation from the same company. The U.S. Supreme Court ruled however that companies should not settle with class members prior to their diagnosis of asbestos-related diseases. Asbestos claims are typically filed today as mesothelioma individual lawsuits. These lawsuits are similar to claims filed in class actions, but they have individual defendants and a more focused litigation strategy. Individual cases give victims to receive a greater amount of damages. The jury will consider the specific asbestos-related diseases and exposure experiences of each victim. The more mesothelioma lawyers know about each case, the more they can assist families of victims receive compensation. How can asbestos law and litigation tell if I have a case? Every asbestos case is unique and has its own characteristics. A mesothelioma lawyer with experience will conduct a thorough investigation into your individual exposure history symptoms, medical records and other information to determine the potential strength of your case. They will also go through documents from the company and conduct depositions if necessary to gather additional details. Many asbestos-related companies were aware of the dangers, but continued to make use of the material, and concealed the risks from their employees. An asbestos lawsuit gives the chance to hold these companies accountable and secure compensation that will aid in the payment of costs related to the disease. Certain asbestos firms were able to avoid liability by declaring bankruptcy however, courts were not prepared to allow them to do it. They were obliged to set funds in trust to help mesothelioma patients or other asbestos-related illnesses. If you were diagnosed with an asbestos-related health issue An experienced lawyer will ensure you receive the highest amount of compensation that is feasible. However, it is important to understand that it typically takes eighteen months for victims to receive a settlement and a few cases could be tried in court before being settled. Trials are a lengthy process that can last for several years, but it does have the benefit of making defendants subject to public scrutiny and providing a jury with more evidence about the extent to which you were exposed to asbestos. What is the difference between settlements and trials? Although every asbestos lawsuit is different however, most follow a similar legal procedure. The person who is filing the lawsuit (also known as the plaintiff) must demonstrate they were exposed to asbestos and later developed an asbestos-related disease, that the company responsible caused this exposure and they should be awarded compensation. This can be done by a variety means like medical and employment records, expert witnesses, etc. In the past asbestos victims have filed a variety of cases as class actions. Class action lawsuits provide a means for a single person to file a lawsuit on behalf of an entire group that is similarly affected. The class is represented in court by a group of attorneys who decide on the class members and submit the case to the court. However the law has changed and class actions are no longer a good way to help people access justice in mesothelioma-related cases. Mesothelioma lawyers and judges have noticed that a single lawsuit often does not have enough similarities to other cases within the class being proposed and it is more effective for the victims to individually file their claims for personal injury or the wrongful death of a loved one. Some individuals may be able claim compensation through bankruptcy trusts created by asbestos firms that are bankrupt. Trust fund claims require less evidence than a typical lawsuit, and provide victims with a faster route to compensation. How Can I Get Help? You may be entitled to compensation if you've been diagnosed with asbestosis or mesothelioma. Contact a mesothelioma lawyer who can assist you in obtaining evidence of your asbestos exposure and identify the responsible companies. Your attorney can also discuss whether a settlement or trial is best for you and work with the companies to negotiate a settlement. In the past, those who had similar injuries would make class action lawsuits against asbestos producers. This helped reduce the burden on the court system. However, each person's case is unique, therefore filing an action class-wide is not the best option for all victims. Whatever type of lawsuit you are seeking, it is crucial to act quickly. The time limit for mesothelioma as well as other asbestos-related illnesses differs by state, so you need to consult with an experienced mesothelioma lawyer in order to defend your rights. Your attorney will examine your medical records as well as your employment information to determine if have a strong claim and a chance of receiving compensation. They can also assist you in obtaining the necessary documents from asbestos companies to prove your claim. Additionally, they can explain the litigation process and ensure that you are informed throughout your case.
asbestos law and litigation
