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Asbestos Class Action Litigation Asbestos lawsuits can offer compensation for families of victims. Anyone who has been exposed to asbestos and developed a mesothelioma, lung cancer, or other asbestos-related illness can make an individual or a class action lawsuit. Your attorney will have to submit medical bills, employment documents and other documents in the course of the litigation process. You may also have to be present for depositions. Why Asbestos Illnesses? Asbestos is a hazard cancer-causing substance that was previously extensively used in commercial and building projects. When asbestos-containing products break down, tiny fibers are released into air, and can be inhaled by anyone who is in the vicinity. These fibers could cause life-threatening and fatal diseases like mesothelioma or asbestosis. Mesothelioma, a deadly type of lung cancer, is caused by asbestos fibers. The disease can take decades to develop. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties. An experienced attorney can assist the families of victims in recovering compensation from asbestos companies to cover past and future medical costs, lost wages and other damages. Additionally mesothelioma lawsuits may award punitive damages in order to penalize defendants for their reckless conduct. Although every asbestos claim is unique but the fundamental elements are the same. Each victim must show that they were exposed, that they have a diagnosis of an illness that is related to asbestos exposure, and that they are entitled to compensation. What are the reasons to seek justice for Asbestos Diseases? Mesothelioma and the other asbestos-related diseases can be very debilitating and victims need compensation to help pay for their treatment. Many companies that produced, distributed, or used asbestos knew that they exposed their employees to this dangerous substance, and victims deserve justice. A mesothelioma suit allows victims to hold negligent businesses accountable for their actions. The lawsuits also ensure that victims and their families receive a fair compensation to pay for funeral costs, lost wages, and other damages. In addition to money awarded in a lawsuit, mesothelioma victims may be eligible for punitive damage that is intended to punish the defendant, and deter others from engaging in similar acts. The amount of these damages is not required however they may be given at the discretion of a judge. A class action lawsuit can be a practical and effective method of bringing a claim against several asbestos-related companies that are negligent at the same time. It is important that each victim receives a dedicated attorney who can provide individualized representation and fight for the best possible outcome. The attorneys at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. Contact us today to find out more about our services. We can help you receive the compensation you deserve. What is Asbestos Litigation? If you've been diagnosed with mesothelioma or an asbestos illness and you want to file a lawsuit, it is an effective method to hold the manufacturer 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 illness. To prove your claim your lawyer may have to look over medical records, collect employment records, or talk 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 pay victims. Scientists have known for a long time that asbestos can cause lung disease and damage. Mesothelioma suits seek to compensate medical expenses, lost wages and suffering and pain. In the past, mesothelioma lawsuits were filed as class actions. It was believed that a single suit would fairly compensate victims. It is now widely recognized that mesothelioma cases involving individuals are more likely than not to lead to substantial compensation. Asbestos lawsuits can be filed as personal injury claims or wrongful-death cases. Every case is unique. But, it is crucial to partner with a reputable mesothelioma lawyer firm that has a nationwide network of lawyers. Their expertise in asbestos cases and mesothelioma treatment options will ensure you get the best possible settlement or verdict. When should I file a Lawsuit? It is important that victims and their families respond as quickly as possible, even though it may take time to file a lawsuit. The statutes of limitations differ according to state, but the majority of asbestos victims have between one and five years from the time of diagnosis or discovery to make a claim. Mesothelioma may develop from 10 to 40 years after exposure. many patients with mesothelioma were exposed to different asbestos products at various moments in their lives. A lawsuit can help compensate victims and hold asbestos manufacturers responsible for their wrongful conduct. A class action settlement allows multiple mesothelioma patients to seek compensation from the same company. The U.S. Supreme Court ruled, however, that companies should not make settlements with the class members prior to a diagnosis of asbestos-related illnesses. Asbestos lawsuits are presently filed as individual mesothelioma cases. These lawsuits are similar to class action claims, but they have individual defendants and a more focused litigation strategy. Individual cases permit victims to receive a greater amount 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 know about each case's specifics the better they will be able to ensure compensation for victims and their families. How do I tell whether I have a case? Each asbestos case is unique and has its own characteristics. An attorney for mesothelioma will look into your exposure history symptoms, exposure history, and medical records in order to determine the strength of your case. They will also look over company documents and conduct depositions if necessary to collect more details. Many asbestos product manufacturers knew the dangers, yet continued to employ the material and conceal the risks from their employees. An asbestos lawsuit can be a chance to hold these companies responsible and secure compensation that will aid in the payment of costs related to the disease. Certain asbestos companies were able to avoid liability by declaring bankruptcy, however, courts were not prepared to let them get away with it. They were obliged to set money aside in trust funds for mesothelioma victims or other asbestos-related illnesses. An experienced lawyer will fight to secure the most money you deserve if you have been diagnosed with asbestos-related disease. Be aware that asbestos-related victims are likely to wait on average 18 months to receive an award. Some cases might go to trial. A trial can be a lengthy process that can last for several years. However, it exposes defendants to the public and provides jurors with additional evidence regarding the exposure to asbestos. What is Augusta asbestos attorney between settlements and trials? While every asbestos lawsuit is unique but the majority of cases follow a similar legal process. The person who is filing the lawsuit (also known as the plaintiff) must demonstrate they were exposed to asbestos and developed an asbestos-related disease, that the company responsible for this caused this exposure and they deserve compensation. This is done by various methods such as medical and employment documents, expert witnesses, and many other methods. Traditionally, the majority of cases for asbestos victims were filed as class action lawsuits. Class action lawsuits are a way for a single person to file a lawsuit on behalf of a group that has been similarly affected. The class is represented by a team of attorneys who define the class's members and submit the lawsuit to the court for approval. The law has changed, and class actions cannot longer help people get justice for mesothelioma cases. Mesothelioma attorneys and judges have pointed out that a single lawsuit may not always match the other cases that are part of a proposed class. Therefore, it is more effective for those suffering from mesothelioma, to file their personal injury or wrongful-death claims individually. Some individuals may also be able to make claims through trusts in bankruptcy that were made from asbestos-related bankruptcy companies. Trust claims for funds are less prone to proof than typical lawsuits and offer victims an easier route to compensation. How Can I get help? If you've been diagnosed with mesothelioma or asbestosis, or another asbestos-related illness you could be entitled to compensation. You should contact mesothelioma lawyers who can assist you in gathering evidence of your exposure to asbestos and determine the companies responsible. Your attorney can discuss with you whether a trial or settlement is in your best interests and collaborate with companies to reach a resolution. In the past, those who suffered similar injuries were able to file class action lawsuits against asbestos companies. This helped reduce the burden on the courts. Each case is unique. Therefore making a case as a whole isn't the best choice for all victims. Whatever type of lawsuit you are seeking, it is crucial to act quickly. To protect your rights you must consult an experienced mesothelioma attorney. Your attorney will review your medical records and work information to determine if have a strong claim and a chance of winning compensation. They can assist you with obtaining any documentation required by the asbestos company to support your claim. Additionally, they can explain the process of litigation and make sure you are informed throughout your case.