Asbestos Class Action Litigation
Asbestos suits can offer compensation for victims and their families. Anyone who was exposed to asbestos and has developed mesothelioma, lung cancer or other asbestos-related illness can start a class or individual action lawsuit.
Your attorney will need to provide medical bills, employment records and other documents in the course of the litigation process. You may be required to be present at depositions.
Why Asbestos Illnesses?
Asbestos, which is a cancer-causing chemical, was once widely used in building and commercial projects. Asbestos-containing products are destroyed and release tiny fibers into the air. These can be inhaled. As time passes they can cause life-threatening, serious diseases such as asbestosis, mesothelioma and plaques in the pleural region.
Mesothelioma is a deadly form of lung cancer triggered by exposure to asbestos fibers. The disease can take years to develop. Mesothelioma symptoms include chest pain, constant coughing, and difficulty breathing.
An experienced attorney can assist victims and their families in obtaining compensation from asbestos companies to cover past and future medical costs, lost wages, and other damages. A mesothelioma case can also be awarded punitive damages to penalize defendants who have been reckless.
Although every asbestos claim is unique, the underlying elements are the same. Each plaintiff must prove that they were exposed to asbestos, that they have been diagnosed with an illness that is related to the asbestos exposure, and that they are entitled to compensation.
Why Seek Justice for Asbestos Illnesses?
Mesothelioma, asbestos-related illnesses and other diseases can be crippling. Victims require compensation to pay for their treatment. Many companies that produced or distributed asbestos knowingly exposed people to the dangerous substance and those who were exposed need justice.
South Gate asbestos lawyers allows victims to hold negligent businesses accountable for their actions. The lawsuits also ensure that the victims and their families receive adequate compensation to pay for medical expenses, funeral expenses, lost wages and other damages.
In addition to the amount awarded by a lawsuit mesothelioma patients may also be eligible for punitive damages, which are designed to punish the defendant and discourage others from engaging in similar misconduct. These damages are not required however they can be given at the discretion of a judge.
A class action lawsuit is an efficient method to file an action against a number of negligent asbestos-related businesses at one time. It is essential that each victim has an experienced attorney who can offer a personalised representation, and fight for the best 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?
A lawsuit filed after being diagnosed with mesothelioma or any other asbestos-related disease, is a great method of holding the manufacturers accountable for their wrongful actions. A successful mesothelioma case requires proof 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, talk with co-workers or unions, and review medical records to prove that you suffered an injury.
Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Dozens of companies have filed for bankruptcy and set up trust funds to pay victims. Scientists have known for a long time asbestos is a major cause of lung diseases and damages.
Mesothelioma lawsuits seek compensation for victims' medical expenses, lost wages and suffering and pain. In the past mesothelioma lawsuits had been filed as class actions. It was believed that a single lawsuit would fairly compensate victims. However it is now acknowledged that individual mesothelioma cases are more likely to result in significant compensation for the victims. Asbestos lawsuits can be filed as personal injury claims or wrongful-death cases. Every case is unique. It is nevertheless important to choose a reputable mesothelioma lawyer firm that has a national network of attorneys. Their expertise in asbestos litigation, and mesothelioma treatments options can help you get the most favorable settlement or verdict.
When Should I File A Lawsuit?
It is crucial that the victims and their families take action promptly, even though it may take time to file a lawsuit. Statutes of limitations differ from state to state, however for the majority of asbestos victims, they have between one and five years from diagnosis or discovery to make an action.
Mesothelioma can develop 10-40 years after exposure. Many patients with mesothelioma were exposed to asbestos products at different times during their lives. A lawsuit could help compensate victims and hold asbestos manufacturers accountable for their negligence.
A class action settlement permits multiple mesothelioma patients to pursue compensation from the same company. The U.S. Supreme Court ruled however that companies should not agree to settlements with the class members prior to a diagnosis of asbestos-related diseases.
Asbestos claims are filed as individual mesothelioma lawsuits. These lawsuits are similar to class action claims, but have individual defendants. They also take a more targeted approach to litigation. Individual cases offer victims a higher level in damages. This is because the jury considers the individual exposure history of each victim and their specific asbestos-related illnesses. The better mesothelioma lawyers understand each case, the more they can help victims and their families receive the compensation they deserve.
How do I know if I Have a Case?
Every asbestos case is different. A mesothelioma lawyer with experience will conduct a thorough investigation into your personal exposure history, symptoms and medical records to determine the quality of your case. They will also go through company documents and conduct depositions when necessary to gather additional information.
Many asbestos product manufacturers were aware of the dangers, yet continued to use the material and hid the risks from their employees. A lawsuit against asbestos gives the chance to hold these companies accountable and secure compensation that will help cover expenses related to the disease.
Some asbestos companies declared bankruptcy to avoid liability, but the courts would not let them off. This meant that they were forced to deposit money in trust funds to pay mesothelioma victims and other asbestos-related diseases.
If you have been diagnosed with an asbestos-related disease, an experienced attorney will fight for the maximum settlement that is possible. But, it is important to know that it takes on average 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 can take many years, but it can have the advantage of making defendants subject 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 every asbestos lawsuit is different, the majority follow a similar legal procedure. The plaintiff, the person who files the lawsuit 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 through many different methods, including medical and employment documents, expert witnesses, and many other methods.
In the past asbestos victims have filed many cases as class actions. Class action lawsuits provide a means for a single person to sue on behalf of a group that is similarly affected. The class is represented in court by a group of lawyers who decide the class members and submit 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 observed that a single lawsuit may not always look like the other cases in a proposed class. Therefore, it is more efficient for victims of mesothelioma to file their personal injury or wrongful death claims on their own.
Some individuals may be able file claims through bankruptcy trusts set up by the bankrupt asbestos firms. Trust fund claims are less demanding than typical lawsuits, and offer victims a faster route to compensation.
How Can I Get Help?
If you were diagnosed with mesothelioma or asbestosis, or another asbestos-related disease you may be entitled to compensation. You should contact mesothelioma lawyers who can assist you in gathering evidence about your past exposure to asbestos, and determine the companies accountable. Your attorney can advise you whether a trial or settling is in your best interest and work with companies to reach a resolution.
In the past, those who suffered similar injuries could bring a class action lawsuit against asbestos producers. This reduced the burden for the courts. Each case is different. Therefore the filing of a lawsuit in a group isn't the best option for a lot of victims.
It is important to act quickly, regardless of the type of lawsuit that you are seeking. The time limits for mesothelioma and the other asbestos-related illnesses differs in each state, and you need to consult with an experienced mesothelioma lawyer to protect your rights. Your lawyer will review your medical and employment records to ensure you have a strong case and have a great chance of obtaining compensation. They can also assist in obtaining any required documents from the asbestos company to prove your claim. They can explain the process of litigation to you and make sure that you are informed throughout the course of your case.