Asbestos Class Action Litigation
Asbestos lawsuits can provide compensation for families of victims. Anyone who has been exposed to asbestos and then developed mesothelioma or lung cancer or any other asbestos-related disease, may bring a class action or individual lawsuit.
Your attorney will need to provide medical bills, employment records and other documents as part of the litigation process. You may be required to be present at depositions.
Why Asbestos Illnesses?
Asbestos, a cancer-causing substance was once widely used in building and commercial projects. Asbestos-containing products are destroyed, releasing tiny fibers into the air. They can be breathed in. These fibers can lead to life-threatening, fatal illnesses like asbestosis and mesothelioma.
Mesothelioma is a fatal type of lung cancer caused by exposure to asbestos fibers. It usually takes many years for victims to develop the disease. Mesothelioma symptoms include chest pain, frequent coughing and difficulty breathing.
An experienced lawyer can assist the families of victims in obtaining compensation from asbestos-related companies to pay the medical expenses of the past and future, lost wages and other damages. In addition mesothelioma lawsuits can award punitive damages in order to penalize defendants for their reckless actions.
While every asbestos claim is different, the underlying elements are similar. Every victim must prove that they were exposed to asbestos, that they have a medical condition that they can prove is caused by exposure and that they have the right to compensation.
Why should you seek justice for Asbestos Diseases?
Mesothelioma, asbestos-related diseases and other diseases can be crippling. The victims need compensation to cover the cost of their treatment. Many companies that employed, distributed or manufactured asbestos exposed their employees to the harmful substance. The victims deserve justice.
A mesothelioma suit permits victims to hold negligent companies responsible for their actions. The lawsuits ensure that victims and their families are compensated for medical expenses, funeral costs, and lost wages.
In addition to the money paid in a lawsuit, mesothelioma victims may be eligible for punitive damage, which is designed to penalize the defendant and deter others from engaging in similar conduct. asbestos litigation paralegal aren't mandatory however they can be granted by the judge at his discretion.
A class action lawsuit is an efficient method of filing an action against a number of negligent asbestos-related businesses at one time. It is crucial that each victim has an experienced lawyer who can provide individualized representation and fight for the best possible outcome. Kennedy & Associates has extensive experience fighting for the rights of asbestos victims. Contact us today to learn more about the services we provide. We can assist you in obtaining the compensation you deserve.
What is Asbestos Litigation?
When you have been diagnosed with mesothelioma, or another asbestos illness, filing a lawsuit is a great way to hold manufacturers responsible for their negligence. To prove that exposure to asbestos caused your illness, you must provide proof. To prove your injury, your lawyer may need to review medical records, collect employment records, or speak with unions, coworkers or other workers.
Asbestos lawsuits have been ongoing for decades in the United US. Hundreds of people have declared bankruptcy and put trust funds to pay victims. Scientists have been aware for an extended time asbestos is a major cause of lung diseases and damages.
Mesothelioma lawsuits seek compensation for victims of medical expenses, lost wages and suffering and pain. In the past, mesothelioma lawsuits were filed as class actions since it was believed that a single suit would pay victims fairly. It is now widely acknowledged that mesothelioma cases that are handled individually are more likely than not to be the cause of significant compensation. Asbestos lawsuits may be personal injury or claims for wrongful death. Each case is different. It is essential to collaborate with a mesothelioma lawyer firm with a nationwide network of attorneys. Their knowledge of 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 important for the family members of victims to act as soon as they can. The statutes of limitations vary according to state, but the majority of asbestos victims are given one to five years from diagnosis or discovery to file a claim.
Mesothelioma can develop 10-40 years after exposure. Many people who suffer from mesothelioma were exposed to asbestos products at different times during their lives. A lawsuit can hold asbestos manufacturers accountable for their negligence and help the victims get compensation.
A class settlement is a method for multiple mesothelioma patients to pursue compensation from the same company. The U.S. Supreme Court ruled however that companies should not settle with group members prior to their diagnosis with asbestos-related illnesses.
Asbestos claims are filed as individual mesothelioma lawsuits. These lawsuits are similar to class action claims however, they have individual defendants and a more focused legal strategy. Individual cases permit victims to receive a higher amount of damages. This is due to the jury hearing every victim's individual exposure history and their specific asbestos-related ailments. The more mesothelioma lawyers know about each case, the more they can assist families of victims receive compensation.
How do I tell if I have a case?
Every asbestos case is unique. A mesothelioma lawyer with experience will conduct a thorough investigation into your specific exposure history symptoms, medical records and more to determine the potential strength of your case. They will also look over documents from the company and conduct depositions when necessary to gather additional details.
Many companies that manufacture asbestos-based products knew about the dangers of asbestos however they continued to use the material and concealed the risks from their workers. A lawsuit against asbestos companies is an effective way to make them accountable and obtain compensation for the expenses that are incurred due to the disease.
Certain asbestos companies declared bankruptcy to avoid liability, but the courts wouldn't allow them to go on. This meant that they were required to save money in trust funds that would compensate victims of mesothelioma and other asbestos-related illnesses.
If you've been diagnosed with an asbestos-related health issue, an experienced attorney will fight for the maximum payout possible. However, you should know that it typically takes eighteen months for victims to receive a settlement and a few cases could be tried in court before being resolved. Trials are a lengthy process that could last for many years, but it can have the advantage of the defendants being exposed to scrutiny by the public and providing a jury with more evidence about how you were exposed asbestos.
What is the Difference Between Settlements and Trials?
While each asbestos lawsuit is distinct, most follow the same legal process. The person who files the case - called the plaintiff - must prove they were exposed to asbestos and then developed an asbestos-related condition, and that the responsible company caused the exposure, and that they are entitled to compensation. This can be done through a variety means, such as medical and employment records, experts witnesses, etc.
In the past asbestos victims have filed a variety of cases as class actions. Class action lawsuits are a way for one person to sue on behalf of an entire group of people who have been similarly affected. The class is represented by a group of attorneys who define the class's members and submit the lawsuit to the court for approval.
However, the law has evolved and class actions are no longer a good method to assist people in obtaining justice in mesothelioma-related cases. Mesothelioma lawyers and judges have noticed that a single suit often does not have enough similarities to other cases in the class being proposed and is more effective for the victims to individually file their claims for personal injury or the wrongful death of a loved one.
A few people may also be able to file claims with bankruptcy trusts created from bankruptcy asbestos companies. Trust fund claims require less proof than a typical lawsuit and provide victims with a faster route to compensation.
How Can I get help?
If you were diagnosed with mesothelioma, asbestosis or another asbestos-related disease you may be eligible for compensation. Contact a mesothelioma lawyer who can assist you in gathering evidence of your asbestos exposure and identify the responsible companies. Your lawyer can tell you whether a trial or settlement is best for you and work with companies to reach a resolution.
In the past, people with similar injuries would bring a class action lawsuit against asbestos producers. This reduced the burden on the court system. Each case is different. Therefore the filing of a lawsuit as a whole isn't the best choice for all victims.
Regardless of what type of lawsuit you're seeking, it is essential to act swiftly. To protect your rights, you should seek out an experienced mesothelioma lawyer. Your attorney will review your medical records as well as your employment history to determine if you have a valid claim and a good chance at getting compensation. They can assist you in obtaining any documentation required by the asbestos company in order to prove your claim. They can also explain the litigation process to you and make sure that you are informed throughout your case.