Asbestos Class Action Litigation
Asbestos lawsuits can offer compensation to families of victims. Anyone who was exposed to asbestos and later developed mesothelioma, lung cancer or other asbestos-related disease can file an individual or class action lawsuit.
The litigation process includes submitting medical bills, employment and other records to your attorney. You may also have to be present for depositions.
Why Asbestos Illnesses?
Asbestos is a hazard cancer-causing material that was once used extensively in commercial and construction projects. Asbestos-containing products are destroyed and release tiny fibers into the air. These can be inhaled. Lauderhill asbestos lawyer can lead to life-threatening and fatal diseases such as mesothelioma and asbestosis.
Mesothelioma is a fatal type of lung cancer, is caused by asbestos fibers. It typically takes decades for victims to develop the cancer. Mesothelioma symptoms can include breathing difficulties, frequent coughing, chest pain and apnea.
An experienced attorney can help victims and their families receive compensation from asbestos companies for future and past medical expenses, lost wages, and other damages. A mesothelioma case can also provide punitive damages in order to punish defendants who have committed reckless acts.
The basic elements of each asbestos claim are the same, however, every case is unique. Every victim must prove that they were exposed, that they are suffering from a disease that is linked to the asbestos exposure, and that compensation is due.
Why should we seek justice for asbestos-related diseases?
Mesothelioma and other asbestos-related diseases can be extremely debilitating, and patients need compensation to help pay for their treatment. Many companies who used, distributed or produced asbestos exposed their workers to the dangerous substance. Victims deserve justice.
A mesothelioma suit allows victims to hold negligent companies accountable for their actions. The lawsuits also ensure that the victims and their families receive a fair compensation to cover medical expenses, funeral expenses, lost wages and other damages.
In addition to money awarded in a lawsuit, mesothelioma patients could be able to claim punitive damages, which is designed to punish the defendant, and discourage others from engaging similar conduct. These damages are not required however they may be given at the discretion of a judge.
A class action lawsuit is a convenient method to file an action against a number of negligent asbestos-related companies at once. It is crucial that each victim has a dedicated lawyer who can provide individualized representation and fight for the best possible outcome. The lawyers at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. Contact us to learn more about the services we provide. We can help you receive the compensation you deserve.
What is Asbestos Litigation?
Filing a lawsuit after being diagnosed with mesothelioma, or another asbestos-related illness, is an excellent way to hold manufacturers accountable for their negligence. A successful mesothelioma lawsuit requires evidence that you were exposed to asbestos and that exposure was the cause of your condition. To prove your claim your lawyer may have to look over medical records, collect employment documents, or speak with unions, coworkers or other workers.
Asbestos lawsuits have been ongoing for decades in the United States. Numerous companies have filed for bankruptcy and established trust funds to compensate victims. Scientists have known for many years that asbestos can cause lung diseases and damages.
Mesothelioma lawsuits seek to recover medical expenses, lost wages, and suffering. In the past, mesothelioma cases were brought as class actions, because it was thought that a single lawsuit would be fair to victims. It is now widely acknowledged that individual mesothelioma cases are more likely than not to be the cause of significant compensation. Asbestos lawsuits can be filed as personal injury claims or wrongful death claims. Each case is different. However, it is important to partner with a reputable mesothelioma law firm with an extensive network of attorneys. Their knowledge of asbestos litigation and mesothelioma treatment options can help you get the best settlement or verdict.
When should I file a Lawsuit?
Although it can take a while to file a lawsuit, it is crucial for victims and their families to take action as soon as possible. The statute of limitations varies according to state, but for the majority of asbestos victims, they are allowed between one and five years after 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 were exposed to different asbestos-containing products at different times in their lives. A lawsuit can aid in the compensation of 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. 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 claims. These lawsuits are similar in nature to class action claims, but have defendants who are individuals. They also take a more targeted approach to litigation. Individual cases enable victims to receive a greater level of damages. The jury will consider the specific asbestos-related diseases and exposure experiences of each victim. The more mesothelioma lawyers know about each case, the more they can help victims and their families receive compensation.
How do I know if I Have a Case?
Each asbestos case has its own unique characteristics. A mesothelioma lawyer with experience will conduct a thorough investigation into your personal exposure history symptoms, medical records and other information to determine the potential strength of your case. They will also go through documents from the company and conduct depositions when necessary to gather additional details.
Many companies that manufacture asbestos-based products were aware of the dangers associated with the material but they continued to use it and hid these dangers from their employees. A lawsuit against asbestos-related companies is an opportunity to hold them accountable and get compensation for the costs related to the disease.
Certain asbestos companies were able avoid the risk of bankruptcy by declaring bankruptcy, but courts were not willing to let them get away with it. They were obliged to set money aside in trust funds to help mesothelioma patients or other asbestos-related illnesses.
An experienced lawyer will fight to get you the most money you deserve if you have been diagnosed with asbestos-related disease. However, it is important to understand that it typically takes 18 months for victims to receive a settlement and a few cases could go to trial before being settled. A trial is a lengthy process that could last for many years, but it can have the benefit of exposing defendants to public scrutiny and providing jurors with more evidence regarding the extent to which you were exposed to asbestos.
What is the difference between Settlements and Trials?
Although each asbestos lawsuit is unique however, most follow a similar legal procedure. The plaintiff, or the person who files the lawsuit, must prove that they were exposed and was diagnosed with an asbestos-related disease. They also need to prove that the company responsible for the exposure was responsible for the exposure. This can be done by various methods like medical and employment documents, expert witnesses, etc.
In the past, asbestos victims have filed many cases as class actions. Class action lawsuits allow one person to bring a lawsuit on behalf of a group that is similarly affected. The class is represented by a team of attorneys who define 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 assist in obtaining justice in mesothelioma lawsuits. Mesothelioma lawyers and judges have observed that a single lawsuit usually does not sufficiently resemble other cases within the class being proposed, and it is more effective for the victims to individually file their claims for personal injury or the wrongful death of a loved one.
Some individuals may be able make claims through bankruptcy trusts established by asbestos companies that have gone bankrupt. Trust fund claims require less proof than a typical lawsuit, and provide victims with a faster route to compensation.
How Can I Get Help?
You may be entitled to compensation if you have been diagnosed with mesothelioma or asbestosis. It is recommended to contact mesothelioma lawyers who can assist you in gathering evidence of your exposure to asbestos and identify the companies responsible. Your attorney can discuss with you whether a trial or settling is in your best interest and work with companies to reach a resolution.
In the past, those who had similar injuries would bring class action lawsuits against asbestos companies. This helped reduce the burden on the court system. However, each person's case is unique, therefore the filing of a class action lawsuit is not the best option for all victims.
No matter what kind of lawsuit you are seeking, it is essential to act fast. The time limit for mesothelioma as well as other asbestos-related illnesses differs in each state, and you need to consult with an experienced mesothelioma attorney to defend your rights. Your attorney can review your medical and employment records to make sure that you have a strong claim and will have a good chance of winning compensation. They can assist you with obtaining any documents required by the asbestos company in order to support your claim. They can explain the process of litigation to you and ensure that you are informed about your case.