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Asbestos Class Action Litigation Asbestos lawsuits may provide compensation for families of victims. Anyone who has been exposed to asbestos and later developed mesothelioma, lung cancer, or any other asbestos-related disease, can bring a class action or individual lawsuit. Your attorney must provide medical bills, employment records, and other documents as part of the litigation process. You may be required to attend depositions. Why Asbestos Illnesses? Asbestos is a hazard cancer-causing material which was once extensively used in building and other commercial projects. Asbestos-containing products are destroyed by releasing tiny fibers into the air. These can be inhaled. In time the fibers can lead to serious and life-threatening illnesses like asbestosis, mesothelioma and plaques in the pleural cavity. Mesothelioma is a fatal type of lung cancer that is caused by exposure to asbestos fibers. It usually takes many years for victims to develop the cancer. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties. An experienced attorney can assist victims and their families recover compensation from asbestos companies for past and future medical expenses, lost wages and other damages. In addition mesothelioma lawsuits may be awarded punitive damages, which aim to punish defendants for their reckless conduct. Although every asbestos claim is different however the basic elements are similar. Each victim must prove they were exposed to asbestos, that they have a medical condition that they can prove is due to exposure, and that they have the right to compensation. Why Seek Justice for Asbestos Infections? Mesothelioma and the other asbestos-related diseases can be extremely debilitating, and patients need compensation to help pay for their treatment. Many companies who employed, distributed or manufactured asbestos exposed their workers to the harmful substance. The victims deserve justice. A mesothelioma suit allows victims to hold negligent companies accountable for their actions. The lawsuits also ensure that victims and their families receive a fair compensation to cover medical expenses, funeral costs, lost wages, and other damages. In addition to the compensation that a lawsuit awards mesothelioma sufferers may be qualified for punitive damages which are designed to punish the defendant and prevent others from engaging in the same conduct. These damages are not mandatory however they can be awarded at the judge's discretion. A class action lawsuit could be a practical and effective method of bringing claims against several asbestos-related companies that are negligent at the same time. It is essential that each victim receives an attorney who is devoted to offer a personalised representation, and fight for the most favorable outcome. The attorneys 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 get the compensation you deserve. What is Asbestos Litigation? A lawsuit filed after being diagnosed with mesothelioma or another asbestos-related illness, is a great way to hold the manufacturers accountable for their wrongful actions. A successful mesothelioma case requires proof that you were exposed to asbestos and that exposure was the cause of your condition. To prove Irving asbestos lawsuit may have to review medical records, obtain employment records, or talk with unions, coworkers, or other workers. Asbestos litigation has been going on for decades in the United America. Hundreds of people have declared bankruptcy and put trust funds to compensate victims. Scientists have been aware for many years asbestos is a major cause of lung diseases and damages. Mesothelioma lawsuits seek to recover medical expenses, lost wages, and suffering. In the past, mesothelioma cases were filed as class actions since it was thought that a single lawsuit would compensate victims fairly. However nowadays, it is recognized that individual mesothelioma cases 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 unique. It is important to work closely with a mesothelioma lawyer firm that has a nationwide network of lawyers. Their expertise in asbestos litigation and treatment options for mesothelioma can ensure you receive the best possible settlement or verdict. When Should I File a Lawsuit? It is crucial that the victims and their families act as fast as they can even though it could take time to file a suit. Statutes of limitations differ from state to state, however for the majority of asbestos victims, they have between one and five years after diagnosis or discovery before they are able to submit an action. Mesothelioma can manifest from 10 to 40 years after exposure, and many patients with mesothelioma have been exposed to various asbestos-containing products at different instances throughout their lives. A lawsuit can make asbestos manufacturers accountable for their negligence and help compensate victims. A class action settlement permits multiple mesothelioma sufferers to seek compensation from the same company. However the U.S. Supreme Court has ruled that it is inappropriate for companies to accept class members' settlements before they are diagnosed with an asbestos-related condition. Asbestos claims are filed today as mesothelioma individual lawsuits. These lawsuits are similar to class action claims, but have defendants who are individuals. They also use a more focused litigation approach. Individual cases offer victims to be awarded higher damages. The jury will consider the unique asbestos-related illnesses and exposure histories of each victim. The better mesothelioma lawyers understand each case, the more they can assist victims and their families receive compensation. How Do I Know whether I have a case? Every asbestos case is unique and has its own characteristics. A mesothelioma lawyer with experience will conduct a thorough inquiry into your specific exposure history symptoms, medical records and more to determine the potential strength of your case. They will also go through documents from the company and conduct depositions if needed to gather more information. Many asbestos product manufacturers were aware of the dangers, but continued to make use of the material, and concealed the dangers from their employees. A lawsuit against asbestos is an opportunity to hold these companies accountable and seek compensation to assist in covering the costs associated with the disease. Some asbestos companies declared bankruptcy to avoid liability, but the courts would not let them off. This meant that they were required to put money aside into trust funds that pay victims with mesothelioma and other asbestos-related diseases. An experienced lawyer will fight to secure the most compensation possible when you've been diagnosed with an asbestos-related illness. It is important to know that victims can expect to wait on average 18 months to receive an award. Some cases might go to trial. Trials are a lengthy process that can take years, but it has the advantage of making defendants subject to public scrutiny and providing jurors with more evidence of how you were exposed to asbestos. What is the difference between settlements and trials? While every asbestos lawsuit is different, the majority follow a similar legal process. The person who is filing the lawsuit (also known as the plaintiff) must prove they were exposed to asbestos and later developed an asbestos-related disease, that the company responsible for this caused this exposure and they deserve compensation. This is accomplished through many different methods such as documents regarding employment and medical documents, expert witnesses and more. Traditionally, many cases for asbestos victims were filed as class action lawsuits. Class action lawsuits allow one person to bring a lawsuit on behalf of a group that is similarly affected. The class is represented by a team of lawyers who determine the class's members and submit the lawsuit to the court for approval. The law has changed and class actions no longer assist in obtaining justice in mesothelioma lawsuits. Mesothelioma attorneys and judges have noted that a single lawsuit does not always look like the other cases that are part of a class. Therefore, it is more efficient for patients of mesothelioma to bring their personal injury or wrongful death claims individually. Some individuals may be able file claims through bankruptcy trusts established by asbestos companies that have gone bankrupt. Trust fund claims are less demanding than typical lawsuits, and offer victims a faster route to compensation. How Can I Get Help? You may be entitled to compensation if you have been diagnosed with mesothelioma or asbestosis. Consult a mesothelioma attorney who can assist you in obtaining evidence of your previous asbestos exposure and determine the responsible companies. Your attorney can also help you decide whether a trial or settlement is in your best interest and work with the companies to negotiate a settlement. In the past, victims with similar injuries would make a class action suit against asbestos producers. This reduced the burden for the courts. Each case is unique. Therefore making a case in a group isn't the best choice for all victims. Whatever type of lawsuit you are seeking, it is crucial to act swiftly. The time limit for mesothelioma and the other asbestos-related illnesses differs according to state, which is why it is important to speak with an experienced mesothelioma lawyer to defend your rights. Your lawyer will go over your medical records as well as your employment information to determine if have a compelling case and a chance of receiving compensation. They can help you obtain 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 aware about your case.