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Asbestos Class Action Litigation Asbestos suits can provide compensation for victims and their families. 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 process of litigation involves submitting medical bills, employment and other records to your attorney. You may need to be present for depositions. Why Asbestos Illnesses? Asbestos, which is a cancer-causing chemical was once widely used in building and 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 can lead to serious and life-threatening diseases such as mesothelioma and asbestosis. Mesothelioma is a fatal type of lung cancer that is caused by exposure to asbestos fibers. It typically takes decades for victims to develop the disease. Symptoms of mesothelioma can include difficulty breathing, persistent coughing, and chest pain. An experienced attorney can assist 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 be awarded punitive damages to penalize 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 caused by exposure and that they are entitled to compensation. Why should you seek justice for Asbestos Diseases? Mesothelioma and other asbestos-related diseases can be very debilitating and patients need compensation to help pay for their treatment. Many companies that employed, distributed or manufactured asbestos exposed their workers to dangerous substances. The victims deserve justice. A mesothelioma lawsuit allows victims to hold negligent businesses accountable for their actions. The lawsuits guarantee that victims and their families are compensated for medical expenses, funeral costs, and lost wages. In addition to money paid in a lawsuit, mesothelioma victims might be eligible for punitive damage that is intended to penalize the defendant and discourage others from engaging similar acts. These damages are not required however they can be granted by the judge at his discretion. A class action lawsuit could be a convenient and efficient method of bringing claims against several asbestos-related companies that are negligent at the same time. It is crucial that each victim has a dedicated attorney who can provide individualized representation and fight for the best outcome. The lawyers at Kennedy & Associates have extensive experience fighting for asbestos victims' rights. Contact us today to find out more about our services. We can assist you in getting the compensation you deserve. What is Asbestos Litigation? A lawsuit filed after being diagnosed with mesothelioma, or another asbestos-related illness is an excellent method of holding the manufacturers accountable for their wrongful actions. A successful mesothelioma claim requires evidence that you were exposed to asbestos and that exposure caused your condition. To prove your injury, your lawyer may need to look over medical records, obtain employment records, or speak with unions, coworkers, or other workers. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous companies have declared bankruptcy and created trust funds to pay victims. Scientists have been aware for a long time that asbestos can cause lung disease and damage. Mesothelioma suits seek to compensate medical expenses, lost wages and pain and suffering. In the past mesothelioma lawsuits had been filed as class actions. It was believed that a single lawsuit would fairly compensate victims. However nowadays, it is recognized that individual mesothelioma cases are more likely to result in substantial compensation for the victims. Asbestos lawsuits may be personal injury or claims for wrongful death. Each case is unique. It is essential to collaborate with a mesothelioma lawyer company with a nationwide network of lawyers. Their expertise in asbestos litigation and mesothelioma treatment options will ensure that you receive the best possible settlement or verdict. When Should I File A Lawsuit? Although it can take a while to file a lawsuit, it is crucial for victims and their families to take action as soon as they can. The statutes of limitation vary by state, but generally asbestos victims have one to five years from the time of diagnosis or discovery to make an action. Mesothelioma may develop 10 to 40 years after exposure. Many people with mesothelioma were exposed to asbestos products at different dates throughout their lives. A lawsuit could hold asbestos manufacturers accountable for their wrongful conduct and help compensate victims. A class action settlement allows multiple mesothelioma victims to claim compensation from the same company. The U.S. Supreme Court ruled however that companies should not settle with class members prior to their diagnosis with asbestos-related illnesses. Asbestos lawsuits are currently primarily filed as individual mesothelioma lawsuits. These lawsuits are similar to class action lawsuits, but they have individual defendants and a specialized litigation strategy. Individual cases permit victims to receive a greater level of damages. This is because the jury considers each victim's unique exposure history and their specific asbestos-related illnesses. The more mesothelioma lawyers know about each case, the more they can assist families of victims receive compensation. How do I know If I Have a Case? Each asbestos case has its own unique characteristics. An experienced mesothelioma lawyer will conduct an extensive investigation into your personal exposure history symptoms, medical records and more to determine the quality of your case. They will also go through documents from the company and conduct depositions if necessary to gather additional information. Many companies that manufacture asbestos-based products were aware of the dangers of the material but they continued to use it and concealed the hazards from their workers. An asbestos lawsuit gives the chance to hold these companies responsible and seek compensation to help cover expenses related to the disease. Certain asbestos companies declared bankruptcy to avoid liability, but the courts wouldn't allow them to go on. As a result, they were required to save money in trust funds that would pay victims with mesothelioma and other asbestos-related illnesses. If you've been diagnosed with an asbestos-related health issue A seasoned attorney will fight for the maximum amount of compensation that is feasible. But, it is important to know that it can take 18 months for victims to receive a settlement, and a few cases could 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 about your asbestos exposure. What is the difference between settlements and trials? While each asbestos lawsuit is different, most follow the same legal procedures. The person filing the case – called the plaintiff – must prove they were exposed to asbestos and developed an asbestos-related disease, that the company responsible caused this exposure and they should be awarded compensation. This is done by various methods such as documents regarding employment and medical documents, expert witnesses and many other methods. In the past, asbestos victims have filed numerous cases as class actions. Class action lawsuits allow a person to bring a lawsuit on behalf of a group that is similarly affected. The class is represented by a team of lawyers who identify the members of the class and submit the lawsuit to the court for its approval. The law has changed and class actions no anymore assist people in obtaining justice in mesothelioma lawsuits. Mesothelioma lawyers and judges have noticed that a single suit often does not have enough similarities to the other cases in the class being proposed and is more effective for the victims to file individual claims for personal injury or wrongful death. Wichita Falls asbestos lawyers might also be able to claim compensation through bankruptcy trusts that have been created from bankruptcy asbestos companies. Trust fund claims require less proof than a typical lawsuit, and offer victims a quicker route to compensation. How Can I Get Help? If you were diagnosed with mesothelioma, asbestosis, or another asbestos-related disease you may be qualified for compensation. Consult a mesothelioma attorney who can assist you in gathering evidence of your asbestos exposure and identify which companies were responsible. Your attorney can discuss with you whether a settlement or trial is in your best interest and work with companies to reach a resolution. In the past, those who suffered similar injuries were able to make class action lawsuits against asbestos companies. This reduced the burden on the court system. However, every situation is unique, which is why filing an action class-wide is not a good idea for all victims. Whatever type of lawsuit you're seeking, it is crucial to act swiftly. The time limit for mesothelioma and other asbestos-related diseases varies by state, so you should consult an experienced mesothelioma lawyer to protect your rights. Your attorney will review your medical records and employment information to determine if have a strong claim and a high chance of receiving compensation. They can also assist in obtaining any required documents from the asbestos company to prove your claim. They can also explain the litigation process and make sure you are fully informed throughout the course of your case.