Asbestos Class Action Litigation
Asbestos lawsuits can result in compensation to victims and their families. Anyone who has been exposed to asbestos and has developed mesothelioma or lung cancer or other asbestos-related diseases can make an individual or a class action lawsuit.
Your attorney must provide medical bills, employment documents and other documents as part of the litigation process. You may need to attend depositions.
Why Asbestos Illnesses?
Asbestos is a hazardous cancer-causing substance which was once extensively used in building and other commercial projects. Asbestos-containing products are destroyed by releasing tiny fibers into the air. They can be breathed in. Over time the fibers can lead to serious and life-threatening illnesses such as asbestosis, mesothelioma and plaques in the pleural region.
Mesothelioma is a deadly form of lung cancer that is caused by exposure to asbestos fibers. It usually takes years for patients to develop the cancer. Mesothelioma symptoms can include breathing difficulties, frequent coughing, and chest pain.
An experienced attorney can help victims and their families receive compensation from asbestos-related companies for past and future medical expenses, lost wages, and other damages. A mesothelioma lawsuit can also award punitive damages to punish defendants who have committed reckless acts.
The fundamental elements of every asbestos claim are the same even though every case is unique. Each victim must prove they were exposed to asbestos, that they have a medical condition that they can prove is due to exposure, and that they have the right to compensation.
Why should you seek justice for Asbestos Illnesses?
Mesothelioma, along with other asbestos-related illnesses can be extremely debilitating, and victims require compensation to pay for their treatment. Many companies who employed, distributed or manufactured asbestos exposed their employees to the harmful substance. Victims deserve 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 the proper compensation to pay for funeral costs, lost wages and other damages.
In addition to the amount paid out in a lawsuit, mesothelioma victims may be qualified for punitive damages which are intended to punish the defendant and discourage others from engaging in similar misconduct. These damages are not mandatory however they can be given at the discretion of a judge.
A class action lawsuit is an efficient method to file an action against several negligent asbestos-related businesses at one time. It is important that each victim receives an attorney who is devoted to provide individualized representation and fight for the best possible 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?
If you've been diagnosed with mesothelioma or another asbestos-related illness having a lawsuit filed is a great way to hold manufacturers responsible for their negligence. A successful mesothelioma claim requires evidence that you were exposed to asbestos and that exposure to asbestos was the reason for your condition. Your lawyer may have to collect employment records, talk with unions or coworkers, as well as review medical documents to prove your injuries.
Asbestos litigation has been ongoing 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 asbestos is a major cause of lung disease and damage.
Mesothelioma lawsuits seek compensation for victims medical expenses, lost wages, and suffering and pain. In the past mesothelioma lawsuits were filed as class actions. It was believed that a single lawsuit could fairly compensate victims. However nowadays, it is recognized that individual mesothelioma claims are more likely to result in substantial compensation for the victims. Asbestos lawsuits can be filed as personal injury claims or wrongful death cases. Each case is different. It is essential to work closely with a mesothelioma lawyer firm that has a nationwide network of attorneys. Their knowledge of asbestos litigation, and mesothelioma treatment options can assist you in obtaining the best settlement or verdict.
When should I file a Lawsuit?
It is crucial that the victims and their families take action promptly, even though it may take time to file a lawsuit. The statutes of limitations vary according to state, but for most asbestos victims they are allowed between one and five years from diagnosis or discovery before they are able to file an action.
Mesothelioma can develop 10-40 years after exposure. Many people who suffer from mesothelioma were exposed to asbestos-containing products at different dates throughout their lives. Waukegan asbestos lawsuits can make asbestos manufacturers accountable for their negligence and help the victims get compensation.
A class settlement is a method for multiple mesothelioma patients to pursue compensation from the same company. The U.S. Supreme Court ruled however that companies should not agree to settlements with group members prior to their diagnosis with asbestos-related illnesses.
Asbestos claims are typically filed today as individual mesothelioma lawsuits. These lawsuits are similar to class action lawsuits, but they have individual defendants and a specialized litigation strategy. Individual cases give victims to receive a greater amount of damages. This is due to the jury hearing every victim's individual exposure history and their specific asbestos-related ailments. The more mesothelioma lawyers know about each case in its own way, the better they can ensure compensation for the victims and their families.
How do I tell if I have a case?
Every asbestos case is unique and has its own characteristics. An experienced mesothelioma lawyer will conduct a thorough inquiry into your personal exposure history symptoms, medical records and other information to determine the quality of your case. They will also review documents from the company and take depositions, if necessary, to gather additional information.
Many asbestos product manufacturers were aware of the dangers, yet continued to make use of the material, and concealed the risks from their employees. An asbestos lawsuit is an opportunity to hold these companies responsible 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 would not let them off. As a result, they were required to deposit money in trust funds that would pay mesothelioma victims and other asbestos-related diseases.
If you've been diagnosed with an asbestos-related disease, an experienced attorney will fight to secure the highest settlement that is possible. But, it is important to know that it takes on average 18 months for victims to receive a settlement, and some cases may be tried in court before being resolved. A trial can be a long process that takes several years. However it exposes defendants to the public and provides jurors with additional evidence of the exposure to asbestos.
What is the difference between Settlements and Trials?
While each asbestos lawsuit is distinct, most follow the same legal procedure. The plaintiff, 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 caused the exposure. This can be accomplished through many different methods like 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 for a single person to file a lawsuit on behalf of a group that is 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.
However the law has changed and class actions are no longer a viable method to assist people in obtaining justice in mesothelioma-related cases. Mesothelioma lawyers and judges have noticed that a single lawsuit often does not sufficiently resemble other cases in the class being proposed, and it is more efficient for victims to file individual claims for personal injury or the wrongful death of a loved one.
Certain individuals may be able to make claims through bankruptcy trusts established by asbestos firms that are bankrupt. Trust fund claims require less evidence than a typical lawsuit, and give victims a quicker path to compensation.
How Can I Get Help?
If you were diagnosed with mesothelioma or asbestosis, or another asbestos-related disease you may be eligible for compensation. You should contact a mesothelioma attorney who can help you gather evidence of your previous exposure to asbestos and determine the companies responsible. Your attorney can also discuss whether a settlement or trial is best for you and work with the companies to negotiate a settlement.
In the past, victims with similar injuries would make a class action suit against asbestos manufacturers. This helped to reduce the burden on the courts. Each case is different. Therefore the filing of a lawsuit in a group isn't the best choice for all victims.
No matter what kind of lawsuit you're seeking, it is essential to act fast. To protect your rights you must consult an experienced mesothelioma attorney. Your lawyer will go over your medical records and work history to determine if you have a strong claim and a good chance at receiving compensation. They can assist you in obtaining any documentation required by the asbestos company to prove your claim. They can also explain the litigation process to you and ensure that you are informed throughout your case.