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Asbestos Class Action Litigation Asbestos suits can offer compensation to victims and their families. Anyone who was exposed asbestos and then developed mesothelioma or lung cancer or any other asbestos-related disease, may make a class action or an individual lawsuit. Your attorney must provide medical bills, employment records, and other documents as part of the litigation process. You may also need to be available for depositions. Why Asbestos Illnesses? Asbestos, a substance that causes cancer was once extensively used in commercial and building projects. Asbestos-containing products are destroyed and release tiny fibers into the air. They can be inhaled. These fibers can cause serious and life-threatening diseases like mesothelioma or asbestosis. Mesothelioma is a fatal form of lung cancer is caused by 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 lawyer can assist the families of victims in obtaining compensation from asbestos-related companies to pay the medical expenses of the past and future as well as lost wages and other damages. In addition mesothelioma lawsuits may award punitive damages in order to penalize defendants for their reckless conduct. Although every asbestos case is unique however the basic elements are the same. Every victim must prove that they were exposed, that they are suffering from a disease that is linked to the asbestos exposure, and that they are entitled to compensation. Why Seek Justice for Asbestos Infections? Mesothelioma, asbestos-related diseases and other illnesses can be debilitating. The victims need compensation to pay for their treatment. Many companies that produced or distributed asbestos knowingly exposed people to this dangerous substance and those who were exposed 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 medical expenses, funeral costs, lost wages, and other damages. In addition to the amount awarded by a lawsuit mesothelioma sufferers may be qualified for punitive damages which are designed to punish the defendant and discourage others from engaging in similar misconduct. These damages aren't mandatory however they can be granted by the judge at his discretion. A class action lawsuit is a convenient method to file an action against a number of negligent asbestos-related companies simultaneously. Garland asbestos lawyer is crucial that each victim has an attorney who is devoted to provide personalized representation, and fight for the best possible outcome. Kennedy & Associates has extensive experience fighting for the rights of asbestos victims. Contact us to learn more about the services we offer. We can help you get the compensation you deserve. What is Asbestos Litigation? Filing a lawsuit after being diagnosed with mesothelioma, or any other asbestos-related disease, is an excellent way to hold the manufacturers accountable for their wrongful actions. A successful mesothelioma claim requires proof that you were exposed to asbestos and that exposure to asbestos was the reason for the illness. To prove your injury your lawyer may have to look over medical records, gather employment documents, or speak with unions, coworkers, or other workers. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous people have declared bankruptcy and put up trust funds to compensate victims. Scientists have been aware for a long time that asbestos can cause lung diseases and damages. Mesothelioma lawsuits seek to recover victims of medical expenses, lost wages, and suffering and pain. In the past, mesothelioma lawsuits were brought as class actions, because it was thought that a single suit would pay victims fairly. It is now widely acknowledged that mesothelioma cases involving individuals are more likely than not to result in significant compensation. Asbestos lawsuits can be filed as personal injury claims or wrongful death claims. Each case is different. It is crucial to collaborate with a mesothelioma attorney firm with a national network of attorneys. Their expertise in asbestos litigation, and mesothelioma treatments can help you get the best settlement or verdict. When Should I File a Lawsuit? Although it takes time to file a lawsuit, it is crucial for the family members of victims to act as soon as they can. The statute of limitations varies by state, but for most asbestos victims they are allowed between one and five years after diagnosis or discovery to submit a claim. Mesothelioma may develop from 10 to 40 years after exposure. many patients with mesothelioma have been exposed to various asbestos-containing products at different moments in their lives. A lawsuit can help compensate victims and hold asbestos manufacturers accountable for their negligence. A class settlement is a method for multiple mesothelioma plaintiffs to pursue compensation from the same company. However the U.S. Supreme Court has ruled that it is inappropriate for companies to settle with class members before they are diagnosed with an asbestos-related disease. Asbestos lawsuits are typically filed as individual mesothelioma cases. These lawsuits are similar in nature to class action lawsuits, but have defendants who are individuals. They also take a more targeted approach to litigation. Individual cases enable victims to be awarded a higher level of damages. This is because the jury hears every victim's individual exposure history and the specific asbestos-related diseases they suffer from. The more mesothelioma lawyers are aware of each case's specifics the better they will be able to ensure compensation for the victims and their families. How Do I Tell if I Have a Case? Each asbestos case has its own unique characteristics. A mesothelioma attorney will investigate your history of exposure as well as your symptoms and medical records in order to determine the strength of your case. They will also review the company's documents and take depositions when necessary to gather additional information. Many asbestos product manufacturers were aware of the dangers, yet continued to employ the material and conceal the dangers from their employees. An asbestos lawsuit gives the chance to hold these companies accountable and obtain compensation to help cover expenses associated with the disease. Some asbestos companies declared bankruptcy to avoid liability however, the courts wouldn't allow them to go on. They were required to put funds in trust for victims of mesothelioma or other asbestos-related diseases. An experienced lawyer will fight to get you the most money you deserve if you have been diagnosed with asbestos-related disease. Be aware that victims can expect to wait on average 18 months to receive an award. Some cases might go to trial. A trial can be a long process that can take several years. However, it exposes defendants to the public and provides a jury with additional evidence about the exposure to asbestos. What is the difference between trials and settlements? Although every asbestos lawsuit is different but most follow the same legal procedures. The plaintiff, also known as the person who files the suit, must prove that they were exposed to asbestos and developed an asbestos-related illness. They must also prove that the company responsible for the exposure was responsible for the exposure. This can be done by a variety means like documents regarding employment and medical records, expert witnesses, etc. In the past asbestos victims have filed numerous cases as class actions. Class action lawsuits permit one person to file a lawsuit on behalf of a group that is similarly affected. The class is represented by a team of lawyers who determine the members of the class and then submit the lawsuit to the court for its approval. The law has changed and class actions can no longer help people get justice in mesothelioma claims. Mesothelioma lawyers and judges have noted that a single lawsuit may not always look like the other cases in a class. It is therefore more efficient for victims of mesothelioma, to file their personal injury or wrongful death claims separately. Certain individuals may be able file claims through bankruptcy trusts set up by the bankrupt asbestos firms. Trust fund claims require less proof than a typical lawsuit and give victims a quicker path to compensation. How Can I Get Help? If you have been diagnosed with mesothelioma, asbestosis, or another asbestos-related disease you may be eligible for compensation. Consult a mesothelioma attorney who can assist you in gathering proof about your past asbestos exposure and determine the responsible companies. 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, victims who suffered similar injuries could bring a class action lawsuit against asbestos producers. This reduced the burden on the courts. Each case is different. Therefore, filing a lawsuit as a group is not the best option for a lot of victims. Whatever type of lawsuit you are seeking, it is essential to act swiftly. To protect your rights, you should consult an experienced mesothelioma attorney. Your lawyer will review your medical and employment documents to ensure you have a strong case and a high chance of winning compensation. They can assist you with obtaining all the documents required by the asbestos company to prove your claim. Moreover, they can explain the process of litigation and make sure you are informed throughout the course of your case.