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Asbestos Class Action Litigation Asbestos suits can offer compensation for victims and their families. Anyone who was exposed to asbestos and later developed mesothelioma, lung cancer or another asbestos-related illness, can make a class action or an individual lawsuit. The process of litigation involves the submission of medical bills, employment and other records to your attorney. You may also have to be available for depositions. Why Asbestos Illnesses? Asbestos, a cancer-causing substance was once extensively employed in construction and commercial projects. When asbestos-containing products break down, tiny fibers are released into air, where they are inhaled by everyone nearby. In time they can cause serious and life-threatening illnesses like asbestosis, mesothelioma and pleural plaques. Mesothelioma is a deadly form of lung cancer caused by exposure to asbestos fibers. The disease can take years to develop. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties. An experienced lawyer can assist victims and their families collect compensation from asbestos companies for future and past medical expenses, lost wages and other damages. A mesothelioma suit can also award punitive damages to punish defendants who have acted recklessly. While every asbestos case is unique however the basic elements are similar. Each victim must prove that they were exposed to asbestos, that they have a diagnosed illness due to exposure, and that they have the right to compensation. Why Seek Justice for Asbestos Diseases? Mesothelioma and asbestos-related diseases as well as other diseases can be crippling. Victims need compensation to pay for their treatment. Many companies that employed, distributed or manufactured asbestos exposed their employees to the harmful substance. The victims deserve justice. A mesothelioma suit allows victims to hold negligent companies accountable for their actions. The lawsuits also ensure that victims and their families receive the proper compensation to cover medical expenses, funeral expenses, lost wages and other damages. In addition to the amount of money paid in a lawsuit, victims of mesothelioma might be eligible for punitive damages, which is designed to penalize the defendant and deter others from engaging in similar conduct. These damages are not required however they can be awarded at the judge's discretion. A class action lawsuit is a practical method of filing a claim against multiple negligent asbestos-related companies at once. It is important that each victim receives an attorney who is devoted to provide personalized representation, and fight for the best outcome. Kennedy & Associates has extensive experience fighting for the rights of asbestos victims. Contact us for more information about the services we offer. We can assist you in getting the compensation you deserve. What is Asbestos Litigation? When you have been diagnosed with mesothelioma or an asbestos illness, filing a lawsuit 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 to asbestos was the reason for your condition. Your lawyer might need to collect employment records, talk to co-workers or unions, and look over medical records to prove your injury. Asbestos lawsuits have been ongoing for decades in the United US. Dozens have declared bankruptcy and set trust funds to pay victims. Scientists have known for many years asbestos is a major cause of lung diseases and damage. Mesothelioma suits seek to compensate medical expenses, lost wages, and suffering. In the past, mesothelioma lawsuits were filed as class actions, because it was believed that a single suit would compensate victims fairly. It is now widely acknowledged that mesothelioma cases involving individuals are more likely than not to be the cause of significant compensation. Asbestos lawsuits may be filed as personal injury claims or wrongful death cases. Each case is different. It is nevertheless important to choose a reputable mesothelioma law firm that has an extensive network of attorneys. Their knowledge of asbestos litigation and mesothelioma treatment options can assist you in obtaining the best settlement or verdict. When Should I File a Lawsuit? Although it takes time to file a lawsuit it is essential for families of victims to take action as soon as they can. The statute of limitations varies by state, but for the majority of asbestos sufferers, they are allowed between one and five years from diagnosis or discovery before they are able to file a claim. Mesothelioma can manifest from 10 to 40 years after exposure, and many people who have mesothelioma had exposure to different asbestos products at different moments in their lives. A lawsuit can hold asbestos manufacturers accountable for their wrongful conduct and help to compensate victims. A class action settlement permits multiple mesothelioma victims to claim compensation from the same company. However, the U.S. Supreme Court has declared it unsuitable for companies to settle with class members prior to the time they are diagnosed with an asbestos-related illness. Asbestos claims are primarily filed today as mesothelioma individual lawsuits. These lawsuits are similar to class action claims but have defendants who are individuals. They also follow a more targeted approach to litigation. Individual cases give victims to receive a greater amount of damages. This is because the jury hears the individual exposure history of each victim and the specific asbestos-related diseases they suffer from. The more mesothelioma lawyers know about each case in its own way the better they will be able to secure compensation for the victims and their loved ones. How Do I Know If I Have a Case? Each asbestos case is unique and has its own characteristics. An attorney for mesothelioma will look into your exposure history as well as your symptoms and medical records to determine the strength or your case. They will also look over documents from the company and conduct depositions if necessary to collect additional information. Many asbestos product manufacturers were aware of the dangers but continued to use the material and hid the dangers from their employees. An asbestos lawsuit is an opportunity to hold these companies responsible and obtain compensation to assist in covering the costs related to the disease. Certain asbestos companies declared bankruptcy to avoid liability, but the courts would not allow them to go on. They were forced to set funds aside in trust funds for mesothelioma victims or other asbestos-related diseases. An experienced lawyer will fight to get you the maximum compensation if you have been diagnosed with asbestos-related disease. However, you should know that it typically takes 18 months for patients to receive a settlement and some cases could go to trial before they are resolved. Trials are a lengthy process that could last for many years, but it can have the benefit of making defendants subject to public scrutiny and providing a jury with more evidence about how you were exposed asbestos. What is the difference between Settlements and Trials? While every asbestos lawsuit is unique, the majority follow a similar legal process. The person who files the case – called the plaintiff – must demonstrate they were exposed to asbestos and developed an asbestos-related disease, that the company responsible for this caused the exposure, and that they are entitled to compensation. This can be done by various methods, such as medical and employment documents, expert witnesses, etc. In the past, asbestos victims have filed numerous cases as class actions. Class action lawsuits are a way for one person to sue on behalf of an entire group of people who have been similarly affected. Bellflower asbestos lawyer is represented by a group of lawyers who determine the members of the class and submit the lawsuit to the court for approval. The law has changed and class actions can no longer assist in obtaining justice in mesothelioma claims. Mesothelioma lawyers and judges have pointed out that a single lawsuit may not always look like the other cases in the proposed class. Therefore, it is more efficient for patients of mesothelioma to bring their personal injury or wrongful death claims on their own. Certain individuals may be able make claims through bankruptcy trusts created by asbestos firms that are bankrupt. Trust fund claims are less proof-intensive than typical lawsuits and offer victims an easier route to compensation. How Can I get help? You may be entitled to compensation if diagnosed with asbestosis or mesothelioma. Contact a mesothelioma lawyer who can assist you in obtaining evidence of your asbestos exposure and identify the responsible companies. Your attorney can advise you whether a trial or settling is best for you and collaborate with companies to reach an agreement. In the past, those who suffered similar injuries were able to bring class action lawsuits against asbestos producers. This reduced the burden on the court system. Each case is different. Therefore the filing of a lawsuit in a group isn't the best option for many victims. No matter what kind of lawsuit you're seeking, it is essential to act quickly. To ensure your rights are protected, you should consult an experienced mesothelioma attorney. Your lawyer will review your medical and employment records to make sure that you have a strong claim and will have a good chance of obtaining compensation. They can assist you in obtaining any documents required by the asbestos company to support your claim. They can explain the process of litigation to you and make sure that you are aware about your case.