Asbestos Class Action Litigation
Asbestos suits can provide compensation to victims and their families. Anyone who was exposed to asbestos and developed a mesothelioma, lung cancer, or other asbestos-related illness can file an individual or class action 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 also need to be available for depositions.
Why Asbestos Illnesses?
Asbestos, which is a cancer-causing chemical was once widely used in building and commercial projects. When asbestos-containing products break down, tiny fibers are released into air, and can be inhaled by any nearby. These fibers could cause serious and life-threatening diseases like mesothelioma or asbestosis.
Mesothelioma is a fatal form of lung cancer triggered by exposure to asbestos fibers. Jackson asbestos attorney can take decades to develop. Mesothelioma symptoms include chest pain, frequent coughing, and difficulty breathing.
An experienced attorney can help victims and their families receive compensation from asbestos-related companies for future and past medical expenses, lost wages and other damages. A mesothelioma case can also award punitive damages to punish defendants who have committed reckless acts.
While every asbestos case is unique however the basic elements are similar. Each victim must prove that they were exposed to asbestos, have a diagnosed illness due to exposure, and that they have the right to compensation.
Why do we need to seek justice for asbestos-related diseases?
Mesothelioma and the other asbestos-related diseases can be extremely debilitating, and patients need compensation to help pay for their treatment. Many companies that manufactured or distributed asbestos were aware of the dangers of the dangerous substance and the victims deserve justice.
A mesothelioma lawsuit allows victims to hold negligent businesses accountable for their actions. The lawsuits also ensure that victims and their families receive a fair compensation to pay for medical expenses, funeral costs, lost wages and other damages.
In addition to the compensation paid out in a lawsuit mesothelioma patients may also be eligible for punitive damages, which are intended to punish the defendant and prevent others from engaging in the same conduct. These damages aren't mandatory, but can be awarded by the judge at his discretion.
A class action lawsuit is an efficient way to file a claim against multiple negligent asbestos-related companies simultaneously. It is important that each victim has a dedicated attorney who can provide individualized representation and fight for the best outcome. The lawyers at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. 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 illness, filing a lawsuit is an effective way to hold manufacturers responsible for their negligence. A successful mesothelioma case requires evidence that you were exposed to asbestos and that exposure was the cause of your condition. Your lawyer may need to gather employment records, talk to unions or coworkers, as well as look over medical records to prove your injury.
Asbestos lawsuits have been ongoing for decades in the United US. Numerous people have declared bankruptcy and set trust funds to compensate victims. Scientists have long proven that asbestos causes lung damage and diseases.
Mesothelioma suits seek compensation for medical expenses, lost wages, and pain and suffering. In the past, mesothelioma lawsuits were filed as class actions. It was believed that a single suit would fairly compensate victims. However nowadays, it is recognized that individual mesothelioma cases are more likely to result in substantial settlements for victims. Asbestos lawsuits may be personal injury or wrongful death claims. Each case is different. It is important to work closely with a mesothelioma lawyer firm that has a nationwide network of lawyers. Their expertise in asbestos litigation, as well as mesothelioma treatments options can help you get the best settlement or verdict.
When Should I File A Lawsuit?
It is crucial that the victims and their families take action promptly even if it will take some time to file a suit. The statutes of limitations vary from state to state, however for the majority of asbestos victims, they have between one and five years after diagnosis or discovery to submit an action.
Mesothelioma can develop 10-40 years after exposure. Many patients with mesothelioma were exposed to asbestos-containing products at various dates throughout their lives. A lawsuit can aid in the compensation of victims and hold asbestos producers accountable for their negligence.
A class action settlement provides a means for multiple mesothelioma patients to pursue compensation from the same company. The U.S. Supreme Court ruled, however, that companies should not make settlements with group members prior to their 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 give victims to receive a greater amount of damages. This is because the jury hears each victim's unique exposure history and their specific asbestos-related illnesses. The better mesothelioma lawyers understand each case, the better they can assist victims and their families receive the compensation they deserve.
How can I tell when I'm dealing with a case?
Each asbestos case is unique and has its own characteristics. A mesothelioma lawyer will study your history of exposure, symptoms, and medical records to determine the strength of your case. They will also go through the company's documents and take depositions if needed to collect more information.
Many of the companies that make asbestos-related products were aware of the dangers associated with the material but they continued to use it and concealed these risks from their workers. A lawsuit against asbestos-related companies is an opportunity to ensure that they are accountable and receive compensation for the expenses related to the disease.
Some asbestos companies declared bankruptcy to avoid liability however, the courts wouldn't let them go. This meant that they were required to save money in trust funds to pay victims with mesothelioma and other asbestos-related diseases.
If you've been diagnosed with an asbestos-related health issue, an experienced attorney will fight to secure the highest settlement that is possible. However, you should know that it typically takes 18 months for patients to receive a settlement and a few cases could go to trial before being resolved. A trial is a lengthy process that can last for many years, but it can 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?
While each asbestos lawsuit is unique, most follow the same legal procedures. The plaintiff, also known as the person who files the lawsuit must prove that they were exposed to asbestos and suffered from an asbestos-related illness. They must also show that the company responsible for the exposure was responsible for the exposure. This is accomplished through many different methods, including medical and employment documents, expert witnesses and many more.
In the past asbestos victims have filed many cases as class actions. Class action lawsuits are a way for a single person to sue on behalf of an entire group that has been similarly affected. The class is represented by a group of lawyers who identify the members of the class and then submit the lawsuit to the court for its approval.
However, the law has evolved and class actions are no longer a great way to help people access justice in mesothelioma-related cases. Mesothelioma attorneys and judges have observed that a single lawsuit does not always resemble the other cases in a proposed class. It is therefore more efficient for patients of mesothelioma to file their personal injury or wrongful death claims individually.
Certain individuals may be able to file claims through bankruptcy trusts created by asbestos companies that have gone bankrupt. Trust fund claims require less proof than a typical lawsuit, and give victims a quicker path to compensation.
How Can I Get Help?
If you were diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases you may be eligible for compensation. You should contact an attorney for mesothelioma who can help you gather evidence about your past exposure to asbestos and determine which companies are responsible. Your lawyer can tell you whether a trial or settling is in your best interest and work with companies to come to a resolution.
In the past, those who suffered similar injuries could make a class action suit against asbestos producers. This eased the burden on the courts. Each case is unique. Therefore the filing of a lawsuit as a whole isn't the best choice for all victims.
Whatever type of lawsuit you're seeking, it is essential to act quickly. The statute of limitations for mesothelioma and the other asbestos-related illnesses differs by state, so you need to consult with an experienced mesothelioma lawyer in order to ensure your rights are protected. Your attorney will review your medical records and employment history to determine if you have a compelling case and a high chance of getting compensation. They can also aid you in obtaining any necessary documents from asbestos companies to prove your claim. They can explain the process of litigation to you and ensure that you are aware throughout the course of your case.