Asbestos Class Action Litigation
Asbestos lawsuits can offer compensation to families of victims. Anyone who was exposed to asbestos and has developed mesothelioma, lung cancer, or other asbestos-related diseases can make an individual or a class action lawsuit.
Your attorney will have to submit medical bills, employment records, and other documents as part of the litigation process. You may be required to attend depositions.
Why Asbestos Illnesses?
Asbestos, a cancer-causing substance, was once widely used in commercial and building projects. Asbestos-containing products are destroyed by releasing tiny fibers into the air. They can be inhaled. These fibers could cause life-threatening, fatal illnesses such as mesothelioma and asbestosis.
Mesothelioma is a fatal form of lung cancer that is caused by exposure to asbestos fibers. The disease can take years to develop. Mesothelioma symptoms include chest pain, constant coughing and difficulty breathing.
An experienced lawyer can help the families of victims in obtaining 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 acted recklessly.
While every asbestos claim is different however the basic elements are the same. Each victim must show that they were exposed to asbestos, that they have been diagnosed with a disease related to the asbestos exposure, and that they are entitled to compensation.
Why should you seek justice for Asbestos Illnesses?
Mesothelioma, asbestos-related illnesses and other diseases can be crippling. The victims need compensation to cover their treatment. Many companies that manufactured or distributed asbestos knowingly exposed people to this dangerous substance and the victims need justice.
A mesothelioma suit permits victims to hold negligent businesses accountable for their actions. The lawsuits ensure that victims and their families are paid for funeral costs, and lost wages.
In addition to the money paid in a lawsuit, victims of mesothelioma could be eligible for punitive damage, which is designed to penalize the defendant and deter others from engaging in similar conduct. The amount of these damages is not required however they can be awarded at the judge's discretion.
A class action lawsuit is an efficient method to file an action against a number of negligent asbestos-related companies simultaneously. It is crucial that each victim receives an experienced attorney who can provide individualized representation and fight for the most favorable 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 assist you in obtaining the compensation you deserve.
What is Asbestos Litigation?
The filing of a lawsuit after being diagnosed with mesothelioma, or any other asbestos-related disease, is an excellent way to hold the manufacturers accountable for their wrongful actions. A successful mesothelioma lawsuit requires proof that you were exposed to asbestos and that exposure to asbestos was the reason for your illness. Your lawyer may need to gather employment records, talk with unions or coworkers, as well as review medical records to prove your injury.
Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous companies have filed for bankruptcy and set up trust funds to pay victims. Scientists have long proven that asbestos causes lung damage and illnesses.
Mesothelioma lawsuits seek to recover medical expenses, lost wages and suffering and pain. In the past, mesothelioma lawsuits were filed as class actions. It was believed that a single suit would fairly compensate victims. It is now widely accepted that individual mesothelioma cases are more likely than not to result in substantial compensation. Asbestos lawsuits can be personal injury or claims for wrongful deaths. Each case is unique. However, it is important to choose a reputable mesothelioma lawyer firm that has a nationwide network of lawyers. Their expertise in asbestos cases and mesothelioma treatment options will ensure you get the most favorable settlement or verdict.
When should I file a Lawsuit?
Although it can take a while to file a lawsuit, it is essential for families of victims to act as soon as possible. The statutes of limitations differ according to state, but the majority of asbestos victims are given one to five years from the time of diagnosis or discovery to start a claim.
Mesothelioma can manifest from 10 to 40 years after exposure, and many people who have mesothelioma were exposed to different asbestos-containing products at different instances throughout their lives. A lawsuit could help compensate victims and hold asbestos manufacturers responsible for their negligence.
Wilmington asbestos lawyer permits multiple mesothelioma victims to claim compensation from the same company. However the U.S. Supreme Court has declared it unsuitable for companies to settle with class members prior to the time they are diagnosed with an asbestos-related condition.
Asbestos lawsuits are typically filed as individual mesothelioma cases. These lawsuits are similar in nature to class action claims but have individual defendants. They also follow a more targeted approach to litigation. Individual cases allow victims to receive a higher amount of damages. The jury will listen to the unique asbestos-related ailments and exposure experiences of each victim. The more mesothelioma lawyers know about each case, the more they can help victims and their families receive compensation.
How do I tell whether I have a case?
Every asbestos case is different. A mesothelioma attorney will investigate your history of exposure as well as your symptoms and medical records in order to determine the strength of your case. They will also look over company documents and conduct depositions when necessary to gather additional information.
Many companies that manufacture asbestos-based products were aware of the dangers associated with the material however they continued to use the material and concealed these dangers from their employees. A lawsuit against asbestos can be a chance to hold these companies accountable and seek compensation to assist in covering the costs associated with the disease.
Some asbestos companies were able stay out of liability by declaring bankruptcy, however, courts were not prepared to allow them to do it. They were required to put funds in trust to help mesothelioma patients or other asbestos-related illnesses.
A skilled attorney will fight to get you the most compensation possible in the event that you've been diagnosed with an asbestos-related illness. But, it is important to know that it can take eighteen months for victims to receive a settlement and a few cases could go to trial before they are resolved. A trial can be a lengthy process that can take years. However, it exposes defendants to the public and provides jurors with additional evidence regarding the asbestos exposure you have suffered.
What is the difference between settlements and trials?
Although each asbestos lawsuit is different however, most follow a similar legal procedure. The plaintiff, also known as the person who files the suit, must prove that they were exposed and suffered from an asbestos-related illness. They must also prove that the company responsible for the exposure caused the exposure. This can be done by a variety means including medical and employment records, expert witnesses, etc.
In the past asbestos victims have filed many cases as class actions. Class action lawsuits allow a person to make a claim on behalf of a group similarly affected. The class is represented by a group of attorneys who define the members of the class and then submit the lawsuit to the court for its approval.
The law has changed and class actions can no anymore assist people in obtaining justice in mesothelioma lawsuits. Mesothelioma attorneys and judges have noted that a single case does not always match the other cases in the proposed class. Therefore, it is more efficient for victims of mesothelioma, to file their personal injury or wrongful-death claims separately.
Certain individuals may also be able to claim compensation through trusts in bankruptcy that were created from bankruptcy asbestos companies. Trust fund claims require less proof than a typical lawsuit, and provide victims with a faster route to compensation.
How Can I Get Help?
If you have been diagnosed with mesothelioma or asbestosis, or another asbestos-related illness you may be entitled to compensation. Contact an attorney for mesothelioma who can help you gather evidence of your exposure to asbestos, and determine which companies are accountable. Your attorney can discuss with you whether a trial or settlement is in your best interests and work with companies to come to an agreement.
In the past, victims who suffered similar injuries could make a class action suit against asbestos producers. This reduced the burden on the court system. Each case is different. Therefore, filing a lawsuit as a whole isn't the best choice for all victims.
No matter what kind of lawsuit you are seeking, it is essential to act fast. The statute of limitations for mesothelioma and other asbestos-related diseases vary in each state, and you need to consult with an experienced mesothelioma lawyer to protect your rights. Your attorney will examine your medical records and employment background to determine if you have a strong claim and a good chance at receiving compensation. They can also aid you in obtaining the necessary documents from the asbestos company to support your claim. Moreover, they can explain the litigation process and ensure that you are fully informed throughout the course of your case.