Asbestos Class Action Litigation
Asbestos lawsuits can provide compensation for families of victims. Anyone who has been exposed to asbestos and developed a mesothelioma, lung cancer, or other asbestos-related illness can make an individual or a class action lawsuit.
The litigation process includes providing medical bills as well as employment and other documents to your attorney. You may be required to be present at depositions.
Why Asbestos Illnesses?
Asbestos, a substance that causes cancer, was once widely used in building and commercial projects. Asbestos-containing products are destroyed by releasing tiny fibers into the air. These can be inhaled. Over time they can cause life-threatening, serious diseases such as mesothelioma, asbestosis and pleural plaques.
Mesothelioma is a fatal type of lung cancer that is caused by exposure to asbestos fibers. The disease can take a long time to develop. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties.
An experienced lawyer can help the families of victims in recovering compensation from asbestos-related companies to pay past and future medical costs, lost wages and other damages. A mesothelioma case can also award punitive damages to punish defendants who have committed reckless acts.
Although every asbestos claim is unique but the fundamental elements are the same. Every victim must prove that they were exposed to asbestos, that they have been diagnosed with a disease that is linked to the asbestos exposure, and that compensation is due.
Why Seek Justice for Asbestos Illnesses?
Mesothelioma, asbestos-related diseases and other diseases can be debilitating. Victims need compensation to pay for their treatment. Many of the companies that produced or distributed asbestos knew that they exposed their employees to the hazard of asbestos and the victims need justice.
A mesothelioma suit allows victims to hold companies that are negligent accountable for their actions. The lawsuits also ensure that the victims and their families receive a fair compensation to pay for medical expenses, funeral expenses, lost wages and other damages.
In addition to money paid in a lawsuit, mesothelioma patients could be eligible for punitive damage that is intended to penalize the defendant and discourage others from engaging in similar conduct. These damages aren't mandatory but may be awarded by the judge at his discretion.
A class action lawsuit is an efficient way to file an action against a number of negligent asbestos-related companies at once. However, it is important for each victim to have an attorney who is able to provide individualized representation and fight for the best possible outcome. The attorneys at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. Contact us to learn more about the services we provide. We can help you get the compensation you deserve.
What is Asbestos Litigation?
Filing a lawsuit after being diagnosed with mesothelioma, or any other asbestos-related disease, is a great way to hold manufacturers accountable for their negligence. A successful mesothelioma claim requires proof that you were exposed to asbestos and that exposure was the cause of your illness. Your lawyer might need to obtain employment records, talk to co-workers or unions, and examine 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 declared bankruptcy and created trust funds to pay victims. Scientists have been aware for many years that asbestos causes lung disease and damage.
Mesothelioma suits seek compensation for medical expenses, lost wages, and suffering. In the past, mesothelioma cases were filed as class actions because it was thought that a single lawsuit could pay victims fairly. However nowadays, it is recognized that individual mesothelioma cases are more likely to result in substantial compensation for victims. Asbestos lawsuits may be filed as personal injury claims or wrongful death cases. Each case is different. However, it is important to work with an experienced mesothelioma lawyer firm that has a nationwide network of lawyers. 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?
It is essential that victims and their families act as quickly as possible even though it could take a while to file a lawsuit. The statutes of limitation vary by state, but generally asbestos victims have between one and five years from the time of diagnosis or discovery to start an action.
Mesothelioma is a cancer that can develop between 10 and 40 years after exposure. Many people who suffer from mesothelioma have been exposed to asbestos products at different dates throughout their lives. A lawsuit can aid in the compensation of victims and hold asbestos manufacturers responsible for their negligence.
A class action settlement allows multiple mesothelioma victims to pursue compensation from the same company. However, the U.S. Supreme Court has declared it unsuitable for companies to settle with class members before they are diagnosed with an asbestos-related disease.
Asbestos claims are typically filed as individual mesothelioma lawsuits. These lawsuits are similar to claims filed in class actions however they have separate defendants and a more targeted litigation strategy. Individual cases permit victims to be awarded a higher level of damages. Des Moines asbestos attorneys is because the jury hears the individual exposure history of each victim and the specific asbestos-related diseases they suffer from. The more mesothelioma lawyers are aware of each case in its own way the better they are able to get compensation for victims and their loved ones.
How do I know if I Have a Case?
Every asbestos case is unique. An experienced mesothelioma lawyer will conduct a thorough inquiry into your individual exposure history symptoms, medical records and other information to determine the strength of your case. They will also look over documents from the company and conduct depositions, if necessary, to gather additional 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 gives the chance to hold these companies accountable and seek compensation to aid in the payment of costs related to the disease.
Certain asbestos companies were able to avoid the risk of bankruptcy by declaring bankruptcy, however, courts were not prepared to allow them to do it. They were forced to set money aside in trust funds for victims of mesothelioma or other asbestos-related diseases.
If you have been diagnosed with an asbestos-related illness An experienced lawyer will fight to secure the highest payout possible. However, it is important to understand that it takes on average 18 months for victims to receive a settlement, and a few cases could go to trial before being resolved. Trials are a lengthy process that can take several years, but it does have the benefit of exposing defendants to public scrutiny and providing jurors with more evidence regarding how you were exposed to asbestos.
What is the Difference Between Settlements and Trials?
Although every asbestos lawsuit is different, the majority follow a similar legal process. The person filing the case also known as the plaintiff must prove that they were exposed to asbestos and later developed an asbestos-related condition, and that the company responsible caused the exposure, and that they are entitled to compensation. This can be done through a variety of means, including documents regarding employment and medical documents, expert witnesses and many more.
Traditionally, many cases for asbestos victims were filed as class action lawsuits. Class action lawsuits are a way for a single person to file a lawsuit on behalf of a group that has been similarly affected. The class is represented in court by a team of lawyers who decide the class members and then submit the case to the court.
However the law has changed and class actions are no longer a great method of helping people gain access to justice in mesothelioma-related cases. Mesothelioma lawyers and judges have observed that a single lawsuit usually does not have enough similarities to the other cases in the proposed class, and it is more efficient for victims to individually file their claims for personal injury or wrongful death.
Certain individuals may be able claim compensation through bankruptcy trusts created by the bankrupt asbestos firms. Trust fund claims require less evidence than a typical lawsuit, and offer victims a quicker route to compensation.
How Can I get help?
If you were diagnosed with mesothelioma or asbestosis, or other asbestos-related diseases you may be eligible for compensation. It is recommended to contact a mesothelioma attorney who can help you gather evidence of your previous exposure to asbestos, and determine which companies are accountable. Your attorney can also help you decide whether a settlement or trial is in your best interests and work with the companies to negotiate a settlement.
In the past, those with similar injuries would make a class action suit against asbestos producers. This eased the burden on the courts. However, each person's situation is unique, which is why the filing of an action class-wide is not ideal for many victims.
Regardless of what type of lawsuit you're seeking, it is crucial to act quickly. To protect your rights it is recommended that you seek out an experienced mesothelioma lawyer. Your attorney will review your medical records and work history to determine if you have a valid claim and a chance of winning compensation. They can help you obtain all the documents required by the asbestos company to support your claim. They can explain the process of litigation to you and ensure that you are aware throughout the course of your case.