Asbestos Class Action Litigation
Asbestos suits can provide compensation for victims and their families. Anyone who was exposed to asbestos and developed mesothelioma or lung cancer, or any other asbestos-related disease, may file 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 also need to be present during depositions.
Why Asbestos Illnesses?
Asbestos, which is a cancer-causing chemical was once extensively used in building and commercial projects. When asbestos-containing products break down, tiny fibers are released into the air, where they can be inhaled by anyone who is in the vicinity. These fibers can lead to life-threatening, fatal illnesses like mesothelioma or asbestosis.
Mesothelioma is a deadly form of lung cancer triggered by exposure to asbestos fibers. The disease can take years to develop. The symptoms of mesothelioma may include breathing difficulties, frequent coughing, and chest pain.
An experienced attorney can assist victims and their families receive compensation from asbestos-related companies for future and past medical expenses, lost wages and other damages. Additionally mesothelioma lawsuits may award punitive damages in order to penalize defendants for their reckless actions.
The basic elements of each asbestos claim are the same, however, every case is unique. Each victim must show that they were exposed, that they are suffering from an illness that is related to asbestos exposure and that they are entitled to compensation.
Why should you seek justice for Asbestos Illnesses?
Mesothelioma, asbestos-related diseases and other diseases can be debilitating. The victims need compensation to cover the cost of their treatment. Many of the companies that produced or distributed asbestos were aware of the dangers of the dangerous substance, and victims need justice.
A mesothelioma suit allows victims to hold negligent companies accountable for their actions. The lawsuits also ensure that the victims and their families receive adequate compensation to pay for medical expenses, funeral costs, lost wages, and other damages.
In addition to the amount awarded by a lawsuit mesothelioma sufferers may be qualified for punitive damages that are intended to penalize the defendant and deter others from engaging in similar misconduct. These damages are not mandatory, but can be awarded by the judge at his discretion.
A class action lawsuit can be a practical and effective way to file claims against several negligent asbestos-related businesses at once. However, it is important for each victim to have an attorney who is able to provide personalized representation and fight for the most favorable 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 help you get the compensation you deserve.
What is Asbestos Litigation?
If you've been diagnosed with mesothelioma or another asbestos-related disease and you want to file a lawsuit, it is an effective method to hold the manufacturer accountable for their negligence. To prove that asbestos exposure caused your illness you must show proof. Your lawyer may need to gather employment records, talk to 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. Dozens of companies have filed for bankruptcy and established trust funds to compensate victims. Scientists have been aware for an extended time that asbestos can cause lung disease and damage.
Mesothelioma lawsuits seek to recover victims of medical expenses, lost wages and pain and suffering. In the past, mesothelioma cases were brought as class actions, because it was thought that a single suit would be fair to victims. However, it is now recognized that individual mesothelioma cases are more likely to result in substantial compensation for the victims. Asbestos lawsuits may be personal injury or claims for wrongful death. Every case is unique. It is nevertheless important to work with an experienced mesothelioma law firm that has a national network of attorneys. Their knowledge of asbestos litigation and mesothelioma treatment options will help you obtain the most favorable settlement or verdict.
When Should I File A Lawsuit?
It is important that victims and their families respond promptly even though it could take some time to file a suit. Statutes of limitations differ according to state, but for the majority of asbestos sufferers, they have between one and five years following diagnosis or discovery to submit a claim.
Mesothelioma may develop from 10 to 40 years after exposure. many people who have mesothelioma have been exposed to various asbestos-containing products at different instances throughout their lives. A lawsuit could bring asbestos manufacturers to account for their negligence and help the victims get compensation.
A class action settlement permits multiple mesothelioma patients to claim compensation from the same company. The U.S. Albuquerque asbestos attorneys ruled, however, that companies should not make settlements with class members prior to their diagnosis of asbestos-related diseases.
Asbestos claims are primarily filed as individual mesothelioma lawsuits. These lawsuits are similar to class action lawsuits however, they have individual defendants and a more focused legal strategy. Individual cases enable victims to receive a higher amount of damages. This is because the jury hears every victim's individual exposure history and their specific asbestos-related ailments. The more mesothelioma attorneys understand each case's specifics the better they will be able to ensure compensation for victims and their families.
How can I tell whether I have a case?
Each asbestos case has its own unique features. An attorney for mesothelioma will look into your history of exposure symptoms, exposure history, and medical records to determine the strength of your case. They will also review documents from the company and conduct depositions, if needed, to collect additional details.
Many of the companies that make asbestos-related products knew about the dangers associated with the material but continued to use it and concealed the dangers from their employees. A lawsuit against asbestos is an opportunity to hold these companies accountable and seek compensation to aid in the payment of costs associated with the disease.
Certain asbestos companies declared bankruptcy to avoid liability, but the courts wouldn't allow them to go on. They were obliged to set money aside in trust funds to help mesothelioma patients or other asbestos-related illnesses.
A skilled attorney will fight to secure the most compensation possible if you have been diagnosed with asbestos-related diseases. But, it is important to know that it typically takes 18 months for victims to receive a settlement, and some cases may go to trial before being resolved. A trial can be a long process that takes several years. However, it exposes defendants to the public and provides the jury with additional evidence of the asbestos exposure you have suffered.
What is the difference between Settlements and Trials?
Although every asbestos lawsuit is unique however, most follow a similar process. The plaintiff, or the person who files the lawsuit must prove that they were exposed and suffered from an asbestos-related illness. They also need to prove that the company responsible for the exposure was responsible for the exposure. This can be done by various methods, such as medical and employment records, expert witnesses, etc.
Traditionally, a lot of cases for asbestos victims were filed as class action lawsuits. Class action lawsuits provide a means for a single person to file a lawsuit on behalf of an entire group that has been similarly affected. The class is represented by a team of lawyers who determine the members of the class and then submit the lawsuit to the court for approval.
The law has changed and class actions no longer help people get justice in mesothelioma claims. Mesothelioma lawyers and judges have observed that a single lawsuit often does not sufficiently resemble the other cases in the proposed class, and it is more efficient for victims to individually file their claims for personal injury or the wrongful death of a loved one.
Some individuals may be able file claims through bankruptcy trusts set up by asbestos companies that have gone 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?
If you were diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases you could be entitled to compensation. Consult a mesothelioma attorney who can assist you in obtaining evidence of your previous asbestos exposure and pinpoint the responsible companies. Your lawyer can tell you whether a trial or settlement is in your best interest and collaborate with companies to reach a resolution.
In the past, people who suffered similar injuries could file a class action lawsuit against asbestos producers. This reduced the burden on the courts. Each case is different. Therefore the filing of a lawsuit as a whole isn't the best choice for all victims.
No matter what kind of lawsuit you're seeking, it is essential to act quickly. To protect your rights you must consult a mesothelioma attorney who is experienced. Your lawyer will review your medical and employment records to ensure you have strong claims and have a great chance of winning compensation. They can assist you with obtaining any documents required by the asbestos company in order to demonstrate your claim. Additionally, they can explain the process of litigation and ensure that you are well-informed throughout the course of your case.