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Asbestos Class Action Litigation Asbestos lawsuits may provide compensation to victims and their families. Anyone who was exposed asbestos and later developed mesothelioma, lung cancer, or any other asbestos-related disease, can make a class action or an individual lawsuit. Your attorney must provide medical bills, employment records, and other documents in the course of the litigation process. You may also need to be available for depositions. Why Asbestos Illnesses? Asbestos is a dangerous, cancer-causing material which was once extensively used in building and other commercial projects. When asbestos-containing products break down, tiny fibers are released into air, where they are inhaled by everyone who is in the vicinity. Over time they can cause serious and life-threatening illnesses such as asbestosis, mesothelioma and plaques in the pleural region. Mesothelioma is a fatal form of lung cancer that is caused by exposure to asbestos fibers. It can take many years for victims to develop the disease. Symptoms of mesothelioma can include difficulty breathing, constant coughing, and chest pain. An experienced lawyer can assist the families of victims in recovering compensation from asbestos companies to cover past and future medical costs, lost wages, and other damages. In addition mesothelioma lawsuits can be awarded punitive damages, which aim to punish defendants for their reckless conduct. While every asbestos case is unique, the underlying elements are similar. Each plaintiff must prove that they were exposed to asbestos, that they have a diagnosis of an illness that is related to the asbestos exposure, and that they are entitled to compensation. Why seek justice for asbestos illnesses? Mesothelioma and other asbestos-related diseases can be extremely debilitating, and sufferers require compensation to pay for their treatment. Many companies who utilized, distributed or made asbestos exposed people to the harmful substance. The victims deserve justice. A mesothelioma lawsuit allows victims to hold negligent businesses accountable for their actions. The lawsuits ensure that victims and their families are paid for medical expenses, funeral costs, and lost wages. In addition to the amount of money paid in a lawsuit, victims of mesothelioma might be eligible for punitive damage that are designed to penalize the defendant and deter others from engaging in similar conduct. The amount of these damages is not required however they may be awarded at the judge's discretion. A class action lawsuit could be a simple and effective way to file a claim against several negligent asbestos-related businesses at once. However, it is essential for each victim to have an attorney who is able to provide personalized representation and fight for the best possible outcome. Kennedy & Associates has extensive experience in fighting for asbestos victims' rights. Contact us to learn more about the services we provide. 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 method of holding the manufacturers accountable for their wrongful actions. A successful mesothelioma lawsuit requires evidence that you were exposed to asbestos and that exposure was the cause of the illness. Your lawyer might need to gather employment records, speak with unions or coworkers, as well as review medical records to prove your injury. Asbestos lawsuits have been ongoing for decades in the United US. Numerous companies have filed for bankruptcy and established trust funds to compensate victims. Scientists have proven for a long time that asbestos causes lung damage and diseases. Mesothelioma lawsuits seek to recover victims' medical expenses, lost wages, and pain and suffering. In the past mesothelioma lawsuits were filed as class actions. It was believed that a single lawsuit would be fair to victims. However it is now acknowledged that individual mesothelioma claims are more likely to result in significant compensation for the victims. Asbestos lawsuits may be filed as personal injury claims or wrongful death cases. Each case is unique. But, it is crucial to partner with a reputable mesothelioma law firm with an extensive network of attorneys. Their knowledge of asbestos litigation and mesothelioma treatment options will ensure that you receive the most favorable settlement or verdict. When should I file a Lawsuit? Although it takes time to file a lawsuit it is essential for the family members of victims to act as quickly as possible. The statutes of limitations differ by state, but most asbestos victims have between one and five years from the time of diagnosis or discovery to make an action. Mesothelioma can manifest from 10 to 40 years after exposure, and many patients with mesothelioma were exposed to different asbestos-containing products at different moments in their lives. A lawsuit could help compensate victims and hold asbestos manufacturers accountable for their negligence. A class action settlement is a way for multiple mesothelioma patients to seek compensation from the same company. However, the U.S. Supreme Court has ruled that it is inappropriate for companies to settle with class members prior to the time they are diagnosed with an asbestos-related condition. Asbestos lawsuits are currently primarily filed as individual mesothelioma claims. These lawsuits are similar to claims filed in class actions however, they have individual defendants and a more focused approach to litigation. Individual cases enable victims to be awarded a higher level of damages. This is due to the jury hearing the individual exposure history of each victim and the specific asbestos-related diseases they suffer from. The more mesothelioma attorneys understand each case in its own way the better they will be able to secure compensation for the victims and their loved ones. How do I know whether I have a case? Each asbestos case has its own unique features. A mesothelioma lawyer with experience will conduct a thorough inquiry into your individual exposure history, symptoms and medical records to determine the quality of your case. They will also go through documents from the company and conduct depositions if needed to gather additional details. Many asbestos-related companies were aware of the dangers but continued to make use of the material, and concealed the dangers from their employees. A lawsuit against asbestos-related 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 let them off. In the end, they were required to deposit money into trust funds that pay victims with mesothelioma and other asbestos-related illnesses. If you've been diagnosed with an asbestos-related health issue An experienced lawyer will fight to secure the highest payout possible. Be aware that asbestos-related victims are likely to wait on average 18 months to receive settlement. Some cases might go to trial. A trial can be a long process that can last for several years. However, it exposes defendants to the public and provides a jury with additional evidence of the asbestos exposure you have suffered. What is the difference between Settlements and Trials? Although every asbestos lawsuit is different but most follow the same legal process. The person filing the case – called the plaintiff – must demonstrate they were exposed to asbestos and then developed an asbestos-related disease, that the company responsible for this caused the exposure, and that they are entitled to compensation. This can be accomplished through various methods like documents regarding employment and medical documents, expert witnesses, etc. Traditionally, a lot of asbestos cases were filed as class action lawsuits. Class action lawsuits permit one person to bring a lawsuit on behalf of a group similarly affected. The class is represented in court by a group of attorneys who decide on the class members and submit the case to the court. However the law has changed and class actions are no longer a good way to help people access justice in mesothelioma cases. Mesothelioma lawyers and judges have noted that a single lawsuit does not always match the other cases that are part of a class. Therefore, it is more effective for those suffering from mesothelioma, to file their personal injury or wrongful death claims separately. A few people may also be able make claims through bankruptcy trusts made from asbestos-related bankruptcy companies. Trust fund claims are less proof-intensive than typical lawsuits and offer victims a faster route to compensation. How Can I Get Help? Redding asbestos attorney may be entitled to compensation if diagnosed with mesothelioma or asbestosis. Contact a mesothelioma lawyer who can assist you in obtaining evidence of your asbestos exposure and determine the companies responsible. Your attorney will also be able to discuss 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 file a class action lawsuit against asbestos manufacturers. This helped to reduce the burden on the court system. However, each person's case is unique, so the filing of an action class-wide is not the best option for all victims. It is crucial to act fast, regardless of the type of lawsuit you are seeking. To ensure your rights are protected you must consult an experienced mesothelioma attorney. Your attorney can review your medical and employment documents to ensure you have strong claims and will have a good chance of winning compensation. They can also assist you in obtaining any necessary documents from the asbestos company to prove your claim. Moreover, they can explain the litigation process and ensure you are fully informed throughout your case.