Asbestos Class Action Litigation
Asbestos lawsuits may provide compensation to victims and their families. Anyone who was exposed asbestos and developed mesothelioma or lung cancer, or any other asbestos-related disease, can make a class action or an individual lawsuit.
The process of bringing a lawsuit involves the submission of medical bills as well as employment and other documents to your attorney. You may also be required to be available for depositions.
Why Asbestos Illnesses?
Asbestos is a hazardous cancer-causing substance that was previously extensively used in building and other commercial projects. When asbestos-containing products break down, tiny fibers are released into the air, where they can be inhaled by any nearby. These fibers could cause life-threatening, fatal illnesses such as mesothelioma and asbestosis.
Mesothelioma is a deadly form of lung cancer that is caused by exposure to asbestos fibers. It typically takes decades for victims to develop the cancer. Mesothelioma symptoms include chest pain, frequent coughing and difficulty breathing.
An experienced lawyer can assist victims and their families in recovering compensation from asbestos companies to cover future and past medical expenses, lost wages and other damages. A mesothelioma lawsuit can also provide punitive damages in order to punish defendants who have been reckless.
Although every asbestos case is unique, the underlying elements are similar. Every victim must prove that they were exposed to asbestos, suffer from a medical condition that is due to exposure, and that they have the right to compensation.
Why do we need to seek justice for asbestos-related diseases?
Mesothelioma and other asbestos-related diseases can be extremely debilitating, and victims need compensation to help pay for their treatment. Many companies that produced, distributed, or used asbestos knew that they exposed their employees to the hazard of asbestos and the victims deserve justice.
A mesothelioma lawsuit allows victims to hold companies responsible for their actions. The lawsuits guarantee that victims and their families are compensated for funeral expenses and lost wages.
In addition to money awarded in a lawsuit, victims of mesothelioma could be eligible for punitive damage, which is designed to punish the defendant, and deter others from engaging in similar conduct. These damages are not required but may be awarded by the judge at his discretion.
A class action lawsuit is an efficient way to file a claim against multiple negligent asbestos-related businesses at one time. However, it is important that each victim has a dedicated lawyer who can provide individualized representation and fight for the most favorable outcome. The lawyers at Kennedy & Associates have extensive experience fighting for asbestos victims' rights. Contact us today to learn more about our services. We can help you receive the compensation you deserve.
What is Asbestos Litigation?
A lawsuit filed after being diagnosed with mesothelioma, or another asbestos-related illness is an excellent way to hold manufacturers accountable for their negligence. A successful mesothelioma claim requires evidence that you were exposed to asbestos and that exposure was the cause of your illness. To prove your claim your lawyer may have to review medical records, collect employment records, or speak with unions, coworkers or other workers.
Asbestos litigation has been going on for decades in the United US. Numerous companies have declared bankruptcy and created trust funds to pay victims. Scientists have known for a long time that asbestos causes lung diseases and damage.
Mesothelioma lawsuits seek compensation for victims' medical expenses, lost wages and suffering and pain. In the past, mesothelioma cases were filed as class actions, because it was believed that a single lawsuit would be fair to victims. However nowadays, it is recognized that individual mesothelioma cases are more likely to result in significant compensation for the victims. Asbestos lawsuits may be filed as personal injury claims or wrongful death claims. Each case is different. It is nevertheless important to work with an experienced mesothelioma law firm that has an extensive network of attorneys. Their expertise in asbestos litigation and mesothelioma treatment options can ensure you receive the most effective settlement or verdict.
When should I file a Lawsuit?
It is crucial that the victims and their families act promptly even though it could take a while to file a suit. Statutes of limitations differ by state, but for the majority of asbestos victims, they have between one and five years after diagnosis or discovery before they are able to make a claim.
Mesothelioma may develop from 10 to 40 years after exposure, and many patients with mesothelioma have been exposed to various asbestos products at various times in their lives. A lawsuit can aid in the compensation of victims and hold asbestos manufacturers responsible for their negligence.
A class action settlement permits multiple mesothelioma victims to seek compensation from the same company. The U.S. Supreme Court ruled, however, that companies should not make settlements with the class members prior to a diagnosis with asbestos-related illnesses.
Asbestos claims are primarily filed as individual mesothelioma lawsuits. These lawsuits are similar in nature to class action lawsuits, but have individual defendants. They also use a more targeted approach to litigation. Individual cases offer victims to be awarded higher damages. This is because the jury hears every victim's individual exposure history and the specific asbestos-related diseases they suffer from. The more mesothelioma lawyers are aware of each individual case, the better they can secure compensation for victims and their families.
How can I tell if I have a case?
Each asbestos case is unique. A mesothelioma attorney will investigate your exposure history, symptoms, and medical records in order to determine the strength of your case. They will also review documents from the company and take depositions, if needed, to collect additional details.
Many asbestos product manufacturers knew the dangers, yet continued to employ the material and conceal 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.
Some asbestos companies declared bankruptcy to avoid liability, but the courts wouldn't let them off. Baytown asbestos lawsuit were obliged to set money aside in trust funds for victims of mesothelioma or other asbestos-related illnesses.
If you were diagnosed with an asbestos-related health issue A seasoned attorney will fight for the maximum payout possible. However, you should know that it can take eighteen 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 many years. However it exposes defendants to the public and provides jurors with additional evidence regarding the exposure to asbestos.
What is the difference between trials and settlements?
Although every asbestos lawsuit is unique but most follow the same legal procedures. The plaintiff, or the person who files the suit, must prove that they were exposed to asbestos and was diagnosed with an asbestos-related disease. They also need to prove that the company responsible for the exposure triggered the exposure. This can be accomplished through a variety means, such as documents regarding employment and medical documents, expert witnesses, etc.
In the past, asbestos victims have filed numerous cases as class actions. Class action lawsuits allow one person to make a claim on behalf of a group similarly affected. The class is represented in court by a group of lawyers who decide the class members and then submit the case to the court.
However, the law has evolved and class actions are no longer a great method of helping people gain access to justice in mesothelioma cases. Mesothelioma attorneys and judges have pointed out that a single case does not always match the other cases in a class. Therefore, it is more effective for those suffering from mesothelioma, to file their personal injury or wrongful death claims individually.
Some individuals may be able file claims through bankruptcy trusts established by the bankrupt asbestos firms. Trust fund claims are less proof-intensive than typical lawsuits and provide victims with a faster route to compensation.
How Can I Get Help?
You could be eligible for compensation if you've been diagnosed with mesothelioma or asbestosis. It is recommended to contact mesothelioma lawyers who can assist you in gathering evidence of your exposure to asbestos and determine the companies responsible. Your attorney can advise you whether a trial or settlement is in your best interests and work with companies to come to a resolution.
In the past, victims who suffered similar injuries would file class action lawsuits against asbestos manufacturers. This helped reduce the burden on the court system. However, every case is unique, so filing an action class-wide is not a good idea for all victims.
Whatever type of lawsuit you are seeking, it is important to act swiftly. To ensure your rights are protected it is recommended that you seek out an experienced mesothelioma lawyer. Your lawyer will go over your medical records as well as your employment history to determine if you have a compelling case and a good chance at getting compensation. They can also assist you in obtaining any required documents from the asbestos company to prove your claim. They can explain the process of litigation to you and ensure that you are aware throughout the course of your case.