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Asbestos Class Action Litigation Asbestos lawsuits can result in compensation for 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 will need to provide medical bills, employment records and other documents in the course of the litigation process. You may need to be present for depositions. Why Asbestos Illnesses? Asbestos is a dangerous cancer-causing material that was previously extensively used in commercial and construction projects. When asbestos-containing products break down tiny fibers are released into air, and are inhaled by everyone who is in the vicinity. In time they can cause life-threatening and serious illnesses like asbestosis, mesothelioma and plaques in the pleural cavity. Mesothelioma is a fatal form of lung cancer triggered by exposure to asbestos fibers. The disease can take a long time to develop. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties. An experienced lawyer can assist victims and their families in obtaining compensation from asbestos-related companies to pay future and past medical expenses as well as lost wages and other damages. A mesothelioma suit can also provide punitive damages in order to punish defendants who have acted recklessly. The basic elements of each asbestos claim are the same however, every case is distinct. Each victim must show that they were exposed to asbestos, that they are suffering from a disease related to asbestos exposure and that they are entitled to compensation. What are the reasons to seek justice for Asbestos Illnesses? Mesothelioma, asbestos-related illnesses and other illnesses can be debilitating. Victims need compensation to cover their treatment. Many companies that utilized, distributed or made asbestos exposed people to the harmful substance. The victims deserve justice. A mesothelioma suit allows victims to hold companies responsible for their actions. The lawsuits guarantee that victims and their families are paid for funeral costs, and lost wages. In addition to the compensation that a lawsuit awards mesothelioma patients may also be eligible for punitive damages, that are intended to penalize the defendant and discourage others from engaging in similar misconduct. The amount of these damages is not required however they can be awarded at the judge's discretion. A class action lawsuit can be a simple and effective way to file a claim against several asbestos-related companies that are negligent at the same time. However, it is essential that each victim has an attorney who is able to offer a personalised representation and fight for the best possible outcome. Kennedy & Associates has extensive experience fighting for the rights of asbestos victims. Contact us today to learn more about our services. We can help you get the compensation you deserve. What is Asbestos Litigation? If you've been diagnosed with mesothelioma or an asbestos-related disease and you want to file a lawsuit, it is an effective method to hold the manufacturer accountable for their negligence. To prove that exposure to asbestos caused your condition, you must provide proof. To prove your claim your lawyer may have to look over medical records, gather employment records, or speak with coworkers, unions, or other workers. 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 compensate victims. Scientists have been aware for an extended time that asbestos causes lung diseases and damages. Mesothelioma lawsuits seek to recover medical expenses, lost wages, and suffering. In the past, mesothelioma lawsuits were filed as class actions because it was thought that a single lawsuit would compensate victims fairly. However nowadays, Pomona asbestos lawyer is recognized that individual mesothelioma lawsuits are more likely to result in significant compensation for victims. Asbestos lawsuits may be filed as personal injury claims or wrongful death cases. Each case is unique. It is important to partner with a mesothelioma lawyer company that has a nationwide network of attorneys. Their expertise in asbestos litigation and mesothelioma treatment options can help you get the most favorable settlement or verdict. When should I file a Lawsuit? It is essential that victims and their families respond promptly, even though it may take a while to file a suit. The statutes of limitations differ by state, but generally asbestos victims are given one to five years from the time of diagnosis or discovery to make a claim. Mesothelioma may develop from 10 to 40 years after exposure, and many patients with mesothelioma were exposed to different asbestos products at various times in their lives. A lawsuit can help compensate victims and hold asbestos producers accountable for their negligence. A class action settlement allows multiple mesothelioma victims to pursue compensation from the same company. The U.S. Supreme Court ruled, however, that companies should not agree to settlements with the class members prior to a diagnosis of asbestos-related illnesses. Asbestos claims are filed today as individual mesothelioma lawsuits. These lawsuits are similar to claims filed in class actions however, they have individual defendants and a specialized approach to litigation. Individual cases allow victims to receive a greater amount of damages. The jury will consider the unique asbestos-related illnesses and exposure stories of each victim. The more mesothelioma lawyers are aware of each case's specifics the better they will be able to secure compensation for the victims and their families. How Do I Know If I Have a Case? Every asbestos case is different. A mesothelioma attorney will investigate your history of exposure symptoms, exposure history, and medical records in order to determine the strength or your case. They will also review documents from the company and conduct depositions when necessary to collect more information. Many companies that manufacture asbestos-based products knew about the dangers of asbestos 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 expenses related to the disease. Some asbestos companies were able to avoid liability by declaring bankruptcy, but courts were not willing to let them get away with it. They were forced to set funds aside in trust funds to help mesothelioma patients or other asbestos-related diseases. An experienced attorney will fight to get you the maximum compensation if you have been diagnosed with asbestos-related diseases. However, you should know that it takes on average 18 months for patients to receive a settlement, and a few cases could go to trial before they are settled. A trial is a lengthy process that can last for years, but it has the benefit of making defendants subject to public scrutiny and providing a jury with more evidence regarding how you were exposed to asbestos. What is the Difference Between Settlements and Trials? While every asbestos lawsuit is unique however, most follow a similar legal procedure. The person filing the case also known as the plaintiff must prove that they were exposed to asbestos and developed an asbestos-related condition, and that the company responsible caused this exposure and they deserve compensation. This is done by various methods that include documents regarding employment and medical documents, expert witnesses, and many other methods. Traditionally, many cases for asbestos victims were filed as class action lawsuits. Class action lawsuits allow one person to file a lawsuit on behalf of a group similarly affected. The class is represented by a group of lawyers who identify the class's members and submit the lawsuit to the court for approval. The law has changed and class actions no longer help people get justice for mesothelioma cases. Mesothelioma lawyers and judges have observed that a single lawsuit often does not sufficiently resemble other cases in the proposed class, and it is more effective for patients to individually file their claims for personal injury or the wrongful death of a loved one. Certain individuals may be able to make claims through bankruptcy trusts created by the bankrupt asbestos firms. Trust fund claims are less proof-intensive than typical lawsuits, and offer victims a faster route to compensation. How Can I Get Help? You may be entitled to compensation if diagnosed with mesothelioma or asbestosis. Contact a mesothelioma lawyer who can assist you in obtaining evidence of your asbestos exposure and pinpoint the responsible companies. Your attorney can also discuss whether a trial or settlement is in your best interests and work with the companies to reach an agreement. In the past, victims who suffered similar injuries would file class action lawsuits against asbestos manufacturers. This reduced the burden on the courts. However, every case is unique, therefore filing a class action lawsuit is not a good idea for all victims. It is important to act fast, regardless of the type of lawsuit that you are seeking. The time limits for mesothelioma as well as other asbestos-related illnesses differs according to state, which is why you need to consult with an experienced mesothelioma lawyer in order to ensure your rights are protected. Your attorney can review your medical and employment records to ensure you have strong claims and have a great chance of winning compensation. They can help you obtain any documentation required by the asbestos company in order to demonstrate your claim. They can also explain the litigation process and ensure you are fully informed throughout your case.