Asbestos Class Action Litigation
Asbestos lawsuits may provide compensation to families of victims. Anyone who was exposed asbestos and later developed mesothelioma, lung cancer or any other asbestos-related disease, can make a class action or an individual lawsuit.
The process of bringing a lawsuit involves the submission of 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 building and commercial projects. Asbestos-containing products are destroyed and release tiny fibers into the air. They can be inhaled. As time passes the fibers can lead to serious and life-threatening illnesses like asbestosis, mesothelioma and plaques in the pleural region.
Mesothelioma is a fatal form of lung cancer caused by exposure to asbestos fibers. The disease can take a long time to develop. Mesothelioma symptoms include chest pain, persistent coughing and breathing difficulties.
An experienced lawyer can assist victims and their families in obtaining compensation from asbestos-related companies to pay future and past medical expenses, lost wages, and other damages. In addition, a mesothelioma lawsuit can award punitive damages that aim to penalize defendants for their reckless conduct.
The fundamental elements of every asbestos claim are the same, however, every case is distinct. Every victim must prove that they were exposed to asbestos, that they have a diagnosed illness caused by exposure and that they have the right to compensation.
Why should you seek justice for Asbestos Diseases?
Mesothelioma and asbestos-related diseases as well as other illnesses can be debilitating. The victims need compensation to cover the cost of their treatment. Many of the companies that produced, distributed, or used asbestos were aware of the dangers of the dangerous substance and the victims are entitled to justice.
A mesothelioma lawsuit allows victims to hold negligent businesses accountable for their actions. The lawsuits ensure that victims and their families are paid for medical expenses, funeral costs and lost wages.
In addition to the compensation that a lawsuit awards, mesothelioma victims may be entitled to punitive damages, which are designed to punish the defendant and prevent others from engaging in similar misconduct. These damages are not mandatory, but they can be awarded at the judge's discretion.
A class action lawsuit could be a practical and effective way to bring an action against a variety of asbestos-related companies that are negligent at the same time. It is important that each victim receives a dedicated attorney who can offer a personalised representation, and fight for the most favorable outcome. Kennedy & Associates has extensive experience in fighting for asbestos victims' rights. Contact us today to find out more about our services. We can help you receive the compensation you deserve.
What is Asbestos Litigation?
When you have been diagnosed with mesothelioma, or another asbestos-related illness and you want to file a lawsuit, it is an effective method to hold the manufacturer accountable for their negligence. To prove that exposure to asbestos caused your illness you must prove it. Your lawyer may have to gather employment records, talk with co-workers or unions, and look over medical records to prove that you suffered an injury.
Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous companies have filed for bankruptcy and set up trust funds to compensate victims. Scientists have long known that asbestos is responsible for lung damage and illnesses.
Mesothelioma lawsuits seek to recover victims medical expenses, lost wages, and pain and suffering. Historically, mesothelioma cases were brought as class actions because it was thought that a single suit would pay victims fairly. However it is now acknowledged that individual mesothelioma cases are more likely to result in substantial settlements for victims. Asbestos lawsuits may be personal injury or claims for wrongful deaths. Each case is different. It is important to partner with a mesothelioma lawyer firm with a national network of attorneys. Their expertise in asbestos cases and mesothelioma treatment options will ensure that you receive the best possible settlement or verdict.
When Should I File a Lawsuit?
While it can take time to file a lawsuit it is crucial for victims and their families to take action as soon as they can. The statutes of limitations vary by state, but generally asbestos victims are given one to five years from the time of diagnosis or discovery to start a claim.
Mesothelioma can develop between 10 to 40 years after exposure, and many patients with mesothelioma had exposure to different asbestos-containing products at different instances throughout their lives. A lawsuit can bring asbestos manufacturers to account for their negligence and help the victims get compensation.
A class settlement is a method for multiple mesothelioma plaintiffs to pursue compensation from the same company. The U.S. Supreme Court ruled, however, that companies should not make settlements with class members prior to their diagnosis with asbestos-related illnesses.
Asbestos lawsuits are typically filed as individual mesothelioma claims. These lawsuits are similar to claims filed in class actions however they have separate defendants and a more focused litigation strategy. Individual cases enable victims to receive a greater amount of damages. The jury will consider the unique asbestos-related illnesses and exposure experiences of each victim. The better mesothelioma lawyers understand each case, the more they can assist families of victims receive the compensation they deserve.
How do I tell if I have a case?
Each asbestos case has its own unique characteristics. A mesothelioma attorney will investigate your history of exposure as well as your symptoms and medical records to determine the strength or your case. They will also review documents from the company and take depositions, if needed, to collect additional details.
Many asbestos product manufacturers were aware of the dangers, yet continued to employ the material and conceal the dangers from their employees. A lawsuit against asbestos-related companies is an opportunity to hold them accountable and get compensation for the expenses that are incurred due to the disease.
Certain asbestos firms were able to stay out of liability by declaring bankruptcy but the courts were not going to let them get away with it. In the end, they were forced to save money into trust funds that compensate victims of mesothelioma and other asbestos-related diseases.
An experienced lawyer will fight to secure the maximum compensation in the event that you've been diagnosed with asbestos-related diseases. However, you should know that it takes on average 18 months for patients to receive a settlement and a few asbestos litigation jobs cases could go to trial before being settled. Trials are a lengthy process that can last for many years, but it can have the benefit of the defendants being exposed to scrutiny by the public and providing a jury with more evidence of how you were exposed asbestos.
What is the Difference Between Settlements and Trials?
Although every asbestos lawsuit is different but the majority of cases follow a similar process. The person filing the case (also known as the plaintiff) must prove they were exposed to asbestos and then developed an asbestos-related illness, and that the responsible company caused this exposure and they deserve compensation. This can be done through a variety means like medical and employment records, experts witnesses, etc.
In the past asbestos victims have filed numerous cases as class actions. Class action lawsuits allow one 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 submit the lawsuit to the court for approval.
However the law has changed and class actions are no longer a great method to assist people in obtaining justice in mesothelioma cases. Mesothelioma attorneys and judges have observed that a single lawsuit does not always look like the other cases in the proposed class. It is therefore more efficient for victims of mesothelioma, to file their personal injury or wrongful death claims individually.
Some individuals may also be able to file claims with bankruptcy trusts that have been established from the bankrupt asbestos companies. Trust fund claims are less proof-intensive than typical lawsuits and provide victims with the opportunity to receive compensation faster.
How Can I Get Help?
If you have been diagnosed with mesothelioma, asbestosis, or another asbestos-related illness you could be eligible for compensation. Contact an attorney for mesothelioma who can assist you in gathering evidence about your past exposure to asbestos, and determine which companies are accountable. Your attorney will also be able to discuss whether a trial or settlement is in your best interests and work with the companies to negotiate a settlement.
In the past, victims who suffered similar injuries were able to bring class action lawsuits against asbestos producers. This helped reduce the burden on the court system. Each case is different. Therefore, filing a lawsuit as a whole isn't the best choice for all victims.
No matter what kind of lawsuit you're seeking, it is important to act swiftly. The statute of limitations for mesothelioma and the other asbestos-related diseases vary in each state, and you need to consult with an experienced mesothelioma attorney to protect your rights. Your attorney will review your medical records as well as your employment information to determine if have a strong claim and a high chance of receiving compensation. They can assist you in obtaining any documents required by the asbestos company to demonstrate your claim. They can also explain the litigation process to you and ensure that you are informed throughout your case.