Asbestos Class Action Litigation
Asbestos lawsuits can offer compensation to victims and their families. Anyone who was exposed asbestos and developed a mesothelioma, lung cancer or other asbestos-related illness can start a class or individual action lawsuit.
Your attorney must provide medical bills, employment records and other documents in the course of the litigation process. You may need to be present at depositions.
Why Asbestos Illnesses?
Asbestos, a substance that causes cancer was once extensively used in building and commercial projects. Asbestos-containing products are destroyed and release tiny fibers into the air. They can be breathed in. These fibers can lead to life-threatening and fatal diseases such as mesothelioma and asbestosis.
Mesothelioma is a deadly form of lung cancer that is caused by exposure to asbestos fibers. The disease can take decades to develop. The symptoms of mesothelioma may include difficulty breathing, persistent coughing, chest pain and apnea.
An experienced attorney can help victims and their families collect compensation from asbestos-related companies for future and past medical expenses, lost wages and other damages. A mesothelioma lawsuit can also be awarded punitive damages to penalize defendants who have committed reckless acts.
Although each asbestos claim is unique however the basic elements are similar. Every victim must prove that they were exposed to asbestos, that they have a medical condition that they can prove is related to that exposure, and that they are entitled to compensation.
Why should we seek justice for asbestos-related illnesses?
Mesothelioma and the other asbestos-related diseases can be very debilitating and sufferers require compensation to pay for their treatment. Many of the companies that produced, distributed, or used asbestos knew that they exposed their employees to this dangerous substance, and victims deserve justice.
A mesothelioma lawsuit permits victims to hold companies responsible for their actions. The lawsuits ensure that victims and their families are compensated for medical expenses, funeral expenses and lost wages.
In addition to the compensation paid out in a lawsuit, mesothelioma victims may be entitled to punitive damages, that are intended to penalize the defendant and prevent others from engaging in similar misconduct. These damages are not mandatory but may be awarded by the judge at his discretion.
A class action lawsuit could be a simple and effective way to file a claim against several asbestos-related companies that are negligent at the same time. It is crucial for each victim to have an attorney who is able to offer a personalised representation and fight for the most favorable outcome. Kennedy & Associates has extensive experience in fighting for the rights of asbestos victims. Contact us to learn more about the services we provide. We can help you get the compensation you deserve.
What is Asbestos Litigation?
When you have been diagnosed with mesothelioma or another asbestos illness having a lawsuit filed is an effective method of holding manufacturers accountable for their negligence. A successful mesothelioma claim requires proof that you were exposed to asbestos and that exposure caused the illness. Your lawyer may need to gather employment records, speak with unions or coworkers, and look over medical records to prove your injury.
Asbestos lawsuits have been ongoing for decades in the United US. Dozens of companies have filed for bankruptcy and established trust funds to pay victims. Scientists have long known that asbestos can cause lung damage and causes diseases.
Mesothelioma lawsuits seek to recover 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 be fair to victims. It is now widely recognized that mesothelioma cases that are handled individually are more likely than not to lead to significant compensation. Asbestos lawsuits may be filed as personal injury claims or wrongful death cases. Each case is unique. It is essential to work closely with a mesothelioma lawyer company with a national network of lawyers. Their expertise in asbestos litigation and treatment options for mesothelioma will ensure that you receive the most effective settlement or verdict.
When Should I File a Lawsuit?
Although it takes time to file a lawsuit it is crucial for victims and their families to act as quickly as possible. The statutes of limitations vary according to state, but for the majority of asbestos victims, they have between one and five years from diagnosis or discovery to file a claim.
Mesothelioma can develop between 10 to 40 years after exposure, and many people who have mesothelioma were exposed to different asbestos products at different times in their lives. A lawsuit can bring asbestos manufacturers to account for their negligence and compensate victims.
A class action settlement permits multiple mesothelioma patients to claim compensation from the same company. The U.S. Supreme Court ruled that businesses should not make settlements with the class members prior to a diagnosis with asbestos-related illnesses.
Asbestos lawsuits are typically filed as individual mesothelioma cases. These lawsuits are similar in nature to class action claims, but have defendants who are individuals. Melbourne asbestos attorneys take a more focused litigation approach. Individual cases allow victims a higher level in damages. This is because the jury considers every victim's individual exposure history and their specific asbestos-related illnesses. The more mesothelioma attorneys understand each case in its own way the better they are able to get compensation for the victims and their families.
How Do I Know whether I have a case?
Each asbestos case is unique. A mesothelioma lawyer with experience will conduct an extensive investigation into your personal exposure history symptoms, medical records and more to determine the strength of your case. They will also review documents from the company and conduct depositions, if needed, to collect additional information.
Many companies that manufacture asbestos-based products were aware of the dangers of the material but they continued to use it and hid these risks from their workers. A lawsuit against asbestos companies is an effective way to make them accountable and obtain compensation for the costs that are incurred due to the disease.
Certain asbestos companies were able stay out of liability by declaring bankruptcy however, courts were not prepared to allow them to do it. This meant that they were forced to save 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 attorney will ensure you receive the highest payout possible. You should be aware that victims can expect to wait for an average of 18 months to receive settlement. Some cases may even go to trial. A trial is a lengthy process that could last for many years, but it can have the advantage of the defendants being exposed to scrutiny by the public and providing a jury with more evidence regarding how you were exposed to asbestos.
What is the difference between settlements and trials?
Although every asbestos lawsuit is unique but the majority of cases follow a similar process. 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 must also prove that the company responsible for the exposure caused the exposure. This is accomplished through various methods that include medical and employment documents, expert witnesses and many more.
In the past, asbestos victims have filed a variety of cases as class actions. Class action lawsuits allow a person to file a lawsuit on behalf of a group that is similarly affected. The class is represented in court by a group of attorneys who determine the class members and then submit the case to the court.
However, the law has evolved and class actions are no longer a viable method to assist people in obtaining justice in mesothelioma cases. Mesothelioma lawyers and judges have observed that a single lawsuit usually does not have enough similarities to other cases within the proposed class and is more efficient for victims to file individual claims for personal injury or wrongful death.
Certain individuals may also be able to make claims through trusts in bankruptcy that were created from bankruptcy asbestos companies. Trust fund claims are less proof-intensive than typical lawsuits, and offer victims a faster route to compensation.
How Can I Get Help?
If you've been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases you may be eligible for compensation. Contact a mesothelioma lawyer who can help you gather proof about your past asbestos exposure and identify which companies were responsible. Your attorney can also help you decide whether a settlement or trial is in your best interest and work with the companies to reach an agreement.
In the past, those with similar injuries would bring a class action lawsuit against asbestos producers. This reduced the burden for the courts. Each case is unique. Therefore making a case as a group is not the best option for a lot of victims.
It is essential to act fast regardless of the type of lawsuit you're seeking. To protect your rights you must consult a mesothelioma attorney who is experienced. Your lawyer will go over your medical records and work history to determine if you have a valid claim and a good chance at receiving compensation. They can also aid you in obtaining any necessary documents from the asbestos company to support your claim. They can also explain the litigation process to you and ensure that you are kept informed throughout the course of your case.