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Asbestos Class Action Litigation Asbestos lawsuits can result in compensation to victims and their families. Anyone who has been exposed to asbestos and developed a mesothelioma, lung cancer or other asbestos-related disease can file an individual or class action lawsuit. The process of bringing a lawsuit involves providing medical bills, employment and other records to your attorney. You may also have to be available for depositions. Why Asbestos Illnesses? Asbestos is a dangerous, cancer-causing material that was previously extensively used in commercial and construction projects. Asbestos-containing products are destroyed, releasing tiny fibers into the air. These can be inhaled. In time the fibers can lead to life-threatening, serious diseases like asbestosis, mesothelioma and plaques in the pleural region. Mesothelioma, a lethal form of lung cancer is caused by asbestos fibers. The disease can take a long time to develop. Mesothelioma symptoms can include difficulty breathing, persistent coughing, and chest pain. An experienced lawyer can help the families of victims in recovering compensation from asbestos-related companies to pay the medical expenses of the past and future, lost wages, and other damages. A mesothelioma case can also award punitive damages to punish defendants who have been reckless. The underlying elements of each asbestos claim are the same, however, every case is unique. Each plaintiff must prove that they were exposed to asbestos, that they have a diagnosis of a disease that is linked to asbestos exposure and that compensation is due. Why should you seek justice for Asbestos Infections? Mesothelioma, asbestos-related diseases and other diseases can be debilitating. Victims require compensation to pay for their treatment. Many companies that produced, distributed, or used asbestos were aware of the dangers of the dangerous substance and those who were exposed are entitled to justice. A mesothelioma suit permits victims to hold negligent companies responsible for their actions. The lawsuits ensure that the victims and their families are compensated for funeral costs and lost wages. In addition to money awarded in a lawsuit, mesothelioma victims may be able to claim punitive damages, which is designed to punish the defendant, and deter others from engaging in similar misconduct. These damages are not required, but they can be awarded at the judge's discretion. A class action lawsuit can be a simple and effective way to file claims against several negligent asbestos-related businesses at once. It is crucial that each victim has a dedicated attorney who can provide personalized representation, and fight for the best outcome. Kennedy & Associates has extensive experience in fighting for the rights of asbestos victims. Contact us today to learn more about our services. We can help you receive the compensation you deserve. What is Asbestos Litigation? When you have been diagnosed with mesothelioma, or another asbestos-related disease, filing a lawsuit 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 condition. Your lawyer may need to obtain employment records, talk with unions or coworkers, as well as look over medical records to prove your injury. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Hundreds of people have declared bankruptcy and put trust funds to compensate victims. Scientists have long known that asbestos is responsible for lung damage and causes diseases. Mesothelioma lawsuits seek to recover victims 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. However it is now acknowledged that individual mesothelioma claims are more likely to result in significant compensation for the victims. Asbestos lawsuits can be filed as personal injury claims or wrongful death cases. Each case is unique. It is essential to partner with a mesothelioma lawyer company with a national network of attorneys. Their expertise in asbestos litigation and mesothelioma treatment options will ensure you get the best possible settlement or verdict. When Should I File a Lawsuit? It is crucial that the victims and their families take action as fast as they can even though it could take a while to file a suit. The statutes of limitations differ by state, but most asbestos victims have between one and five years from the time of diagnosis or discovery to start an action. Mesothelioma may develop 10 to 40 years after exposure. Many patients with mesothelioma were exposed to asbestos products at different dates throughout their lives. A lawsuit could help compensate victims and hold asbestos manufacturers responsible for their wrongful conduct. A class action settlement allows multiple mesothelioma sufferers to seek compensation from the same company. The U.S. Supreme Court ruled that businesses should not agree to settlements with group members prior to their diagnosis of asbestos-related diseases. Asbestos claims are primarily 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 allow victims a higher level in damages. This is due to the jury hearing the individual exposure history of each victim and their specific asbestos-related ailments. The more mesothelioma lawyers know about each case, the more they can help victims and their families receive compensation. How do I know whether I have a case? Each asbestos case has its own unique characteristics. A mesothelioma lawyer with experience will conduct an extensive investigation into your personal exposure history symptoms, medical records and more to determine the quality of your case. They will also review company documents and conduct depositions when necessary to collect more details. Many companies that manufacture asbestos-based products were aware of the dangers of the material but they continued to use it and concealed the risks from their workers. Fort Lauderdale asbestos lawyer against asbestos-related companies is a way to hold them accountable and get compensation for the expenses associated with the disease. Certain asbestos firms were able to stay out of the risk of bankruptcy by declaring bankruptcy, however, courts were not prepared to allow them to do it. As a result, they were forced to save money in trust funds that would pay victims with mesothelioma and other asbestos-related diseases. If you have been diagnosed with an asbestos-related illness, an experienced attorney will fight for the maximum amount of compensation that is feasible. You should be aware that asbestos-related victims are likely to wait on average 18 months before receiving settlement. Certain cases could go to trial. Trials are a lengthy process that could last for many years, but it can have the benefit of the defendants being exposed to scrutiny by the public and providing a jury with more evidence about how you were exposed to asbestos. What is the difference between trials and settlements? While every asbestos lawsuit is unique but the majority of cases follow a similar legal procedure. The plaintiff, the person who files the lawsuit, must prove that they were exposed to asbestos and suffered from an asbestos-related illness. They must also show that the company responsible for the exposure triggered the exposure. This is done by various methods such as 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 one person to sue on behalf of a group that has been 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 approval. The law has changed, and class actions cannot longer assist in obtaining justice in mesothelioma claims. Mesothelioma attorneys and judges have noted that a single lawsuit does not always match the other cases that are part of a proposed class. Therefore, it is more efficient for victims of mesothelioma to bring their personal injury or wrongful death claims separately. Some individuals may be able make claims through bankruptcy trusts established by asbestos companies that have gone bankrupt. Trust fund claims are less demanding than typical lawsuits and provide victims with a faster route to compensation. How Can I Get Help? If you've been diagnosed with mesothelioma, asbestosis, or another asbestos-related disease you could be qualified for compensation. Consult a mesothelioma attorney who can assist you in gathering evidence of your previous asbestos exposure and pinpoint the companies responsible. Your attorney can advise you whether a settlement or trial is in your best interest and work with companies to reach an agreement. In the past, people who suffered similar injuries could make a class action suit against asbestos manufacturers. This reduced the burden for the courts. Each case is unique. Therefore the filing of a lawsuit as a group is not the best option for many victims. It is essential to act quickly regardless of the kind of lawsuit you are seeking. The statute of limitations for mesothelioma and the other asbestos-related diseases vary according to state, which is why you need to consult with an experienced mesothelioma attorney to ensure your rights are protected. Your lawyer can go over your medical and employment documents to ensure you have a strong case and will have a good chance of winning compensation. They can assist you in obtaining any documentation required by the asbestos company in order to demonstrate your claim. They can also explain the litigation process and ensure you are informed throughout your case.