Asbestos Class Action Litigation

Asbestos lawsuits may provide compensation for families of victims. Anyone who has been exposed to asbestos and developed a mesothelioma, lung cancer or other asbestos-related illness can file an individual or class action lawsuit.

Your attorney will need to provide medical bills, employment documents and other documents in the course of the litigation process. You may also be required to be present for depositions.

Why Asbestos Illnesses?

Asbestos is a dangerous cancer-causing substance that was previously extensively used in commercial and construction projects. When asbestos-containing products break down, tiny fibers are released into the air, and are inhaled by everyone nearby. In time the fibers can lead to life-threatening, serious diseases such as asbestosis, mesothelioma and plaques in the pleural cavity.

Mesothelioma is a fatal form of lung cancer that is caused by exposure to asbestos fibers. The disease can take decades to develop. Mesothelioma symptoms can include difficulty breathing, persistent coughing, and chest pain.

An experienced attorney can assist victims and their families recover compensation from asbestos-related companies for past and future medical expenses, lost wages, and other damages. Additionally mesothelioma lawsuits can award punitive damages in order to penalize defendants for their reckless behavior.

Although every asbestos case is unique but the fundamental elements are similar. Every victim must prove that they were exposed, that they are suffering from a disease that is linked to asbestos exposure and that compensation is due.

Why do we need to 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 companies that utilized, distributed or made asbestos exposed people to dangerous substances. The victims deserve justice.

A mesothelioma lawsuit allows victims to hold negligent companies accountable for their actions. The lawsuits also guarantee that victims and their families receive the proper compensation to pay for funeral expenses, lost wages and other damages.

In addition to the money that is awarded in a lawsuit mesothelioma patients could be eligible for punitive damages that is intended to penalize the defendant and discourage others from engaging similar acts. These damages are not required however they can be granted at the discretion of the judge.

A class action lawsuit is a practical method of filing an action against a number of negligent asbestos-related businesses at one time. However, it is important for each victim to have an attorney who is able to provide personalized representation and fight for the most favorable 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?

When you have been diagnosed with mesothelioma or another asbestos-related disease having a lawsuit filed is a good method of holding manufacturers accountable 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 illness. Your lawyer may have to collect employment records, speak with co-workers or unions, and review medical documents to prove your injuries.

Asbestos lawsuits have been ongoing for decades in the United America. Numerous people have declared bankruptcy and set up trust funds to compensate victims. Scientists have long proven that asbestos can cause lung damage and illnesses.

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 would fairly compensate victims. However nowadays, it is recognized that individual mesothelioma cases are more likely to result in substantial settlements for victims. Asbestos lawsuits can be filed as personal injury claims or wrongful death cases. Each case is different. It is crucial to partner with a mesothelioma lawyer firm that has a nationwide network of lawyers. Their knowledge of asbestos cases and mesothelioma treatment options can ensure you receive the best possible settlement or verdict.

When Should I File a Lawsuit?

It is essential that victims and their families respond as fast as they can even if it will take a while to file a lawsuit. The statutes of limitation vary by state, but most asbestos victims have one to five years from the time of diagnosis or discovery to make an action.

Mesothelioma can develop between 10 to 40 years after exposure. many patients with mesothelioma have been exposed to various asbestos products at different instances throughout their lives. A lawsuit could hold asbestos manufacturers accountable for their negligence and help the victims get compensation.

A class action settlement is a way for multiple mesothelioma plaintiffs to pursue compensation from the same company. The U.S. Supreme Court ruled that businesses should not agree to settlements with group members prior to their diagnosis with asbestos attorney-related illnesses.

Asbestos lawsuits are presently filed as individual mesothelioma cases. These lawsuits are similar in nature to class action claims but have individual defendants. They also use a more focused litigation approach. Individual cases offer victims a higher level in damages. The jury will consider the unique asbestos-related ailments and exposure experiences of each victim. The more mesothelioma lawyers are aware of each individual case, the better they can get compensation for victims and their loved ones.

How can I tell whether I have a case?

Every asbestos case has its own unique features. A mesothelioma lawyer will study your history of exposure, symptoms, and medical records to determine the strength or your case. They will also go through documents from the company and take depositions, if necessary, to collect additional details.

Many of the companies that make asbestos-related products were aware of the dangers of the material but continued to use it and concealed the dangers from their employees. A lawsuit against asbestos is an opportunity to hold these companies accountable and seek compensation to help cover expenses related to the disease.

Certain asbestos companies declared bankruptcy to avoid liability, but the courts wouldn't let them off. In the end, they were forced to deposit 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 to secure the highest amount of compensation that is feasible. But, it is important to 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 could last for several years, but it does have the benefit of the defendants being exposed to scrutiny by the public and providing a jury with more evidence of the extent to which you were exposed to asbestos.

What is the difference between settlements and trials?

While each asbestos lawsuit is different but most follow the same legal procedure. The plaintiff, the person who files the suit, must prove that they were exposed to asbestos and developed an asbestos-related illness. They must also show that the company responsible for the exposure triggered the exposure. This is accomplished through many different methods, including medical and employment documents, expert witnesses, and more.

In the past, asbestos victims have filed many cases as class actions. Class action lawsuits are a way for a single person to sue on behalf of a group of people who have been similarly affected. The class is represented in court by a group of lawyers who decide the members of the class and present 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-related cases. Mesothelioma attorneys and judges have noted that a single lawsuit may not always look like the other cases in a class. Therefore, it is more effective for those suffering from mesothelioma to bring their personal injury or wrongful-death claims individually.

Certain individuals may also be able make claims through trusts in bankruptcy that were made from asbestos-related bankruptcy companies. Trust fund claims require less evidence than a typical lawsuit and provide victims with a faster route to compensation.

How Can I Get Help?

If you've been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases you could be entitled to compensation. It is recommended to contact an attorney for mesothelioma who can help you gather evidence of your previous exposure to asbestos lawyer and identify which companies are accountable. Your attorney can also discuss whether a trial or settlement is in your best interests and work with the companies to negotiate a settlement.

In the past, victims who had similar injuries would bring class action lawsuits against asbestos manufacturers. This helped reduce the burden on the courts. Each case is different. Therefore making a case as a whole isn't the best choice for all victims.

Regardless of what type of lawsuit you're seeking, it is important to act quickly. To protect your rights it is recommended that you consult a mesothelioma attorney who is experienced. Your lawyer can go over your medical and employment records to make sure you have strong claims and a high chance of obtaining compensation. They can help you obtain all the documents required by the asbestos company to support your claim. They can also explain the process of litigation and make sure you are fully informed throughout the course of your case.