Asbestos Class Action Litigation
Asbestos lawsuits may provide compensation for families of victims. Anyone who was exposed asbestos and later developed mesothelioma, lung cancer, or any other asbestos-related disease, can make a class action or an individual lawsuit.
Your attorney will have to submit medical bills, employment documents and other documents in the course of the litigation process. You may be required to be present at depositions.
Why Asbestos Illnesses?
Asbestos, a substance that causes cancer was once widely used in commercial and building projects. When asbestos-containing products break down, tiny fibers are released into air, and are inhaled by everyone near. As time passes the fibers can lead to life-threatening and serious illnesses like asbestosis, mesothelioma and plaques in the pleural region.
Mesothelioma is a deadly form of lung cancer triggered by exposure to asbestos fibers. It usually takes years for patients to develop the cancer. Mesothelioma symptoms include chest pain, persistent coughing and breathing difficulties.
An experienced attorney can assist victims and their families collect compensation from asbestos companies for future and past medical expenses, lost wages, and other damages. In addition, a mesothelioma lawsuit can award punitive damages that aim to punish defendants for their reckless actions.
The fundamental elements of every asbestos claim are the same, even though each case is distinct. Every victim must prove that they were exposed to asbestos, that they have a medical condition that they can prove is due to exposure, and that they have the right to compensation.
Why seek justice for asbestos-related illnesses?
Mesothelioma, asbestos-related diseases and other diseases can be debilitating. The victims need compensation to pay for their treatment. Many companies who employed, distributed or manufactured asbestos exposed their workers to the dangerous substance. The victims deserve justice.
A mesothelioma suit allows victims to hold negligent companies accountable for their actions. The lawsuits also guarantee that victims and their families receive a fair compensation to pay for funeral costs, lost wages, and other damages.
In addition to the compensation that a lawsuit awards, mesothelioma victims may be qualified for punitive damages that are intended to penalize the defendant and discourage others from engaging in similar conduct. The amount of these damages is not required however they can be granted at the discretion of the judge.
A class action lawsuit can be a simple and effective method of bringing an action against a variety of asbestos-related businesses that are negligent all at once. Tacoma asbestos lawyer is essential that each victim has a dedicated attorney who can provide personalized representation, and fight for the most favorable outcome. The lawyers at Kennedy & Associates have extensive experience fighting for asbestos victims' rights. Contact us today to learn more about our services. We can help you get 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 way to hold manufacturers responsible for their negligence. A successful mesothelioma case requires proof that you were exposed to asbestos and that exposure was the cause of your illness. Your lawyer may have to collect employment records, talk to co-workers or unions, and examine medical records to prove your injury.
Asbestos litigation has been ongoing for decades in the United States. Dozens of companies have filed for bankruptcy and established trust funds to pay victims. Scientists have been aware for an extended time that asbestos can cause lung diseases and damage.
Mesothelioma lawsuits seek to recover victims medical expenses, lost wages and pain and suffering. In the past mesothelioma lawsuits had been filed as class actions. It was believed that a single lawsuit would fairly compensate 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 cases. Every case is unique. However, it is important to partner with a reputable mesothelioma lawyer firm that has a nationwide network of lawyers. Their expertise in asbestos litigation and treatment options for mesothelioma can ensure you receive the best possible settlement or verdict.
When Should I File a Lawsuit?
It is essential that victims and their families act as fast as they can even if it will take some 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 before they can file an action.
Mesothelioma may develop 10 to 40 years after exposure. Many patients with mesothelioma were exposed to asbestos products at different times during their lives. A lawsuit can help compensate victims and hold asbestos manufacturers responsible for their negligence.
A class action settlement is a way for multiple mesothelioma patients to pursue compensation from the same company. However, the U.S. Supreme Court has decided that it is not appropriate for companies to settle with class members prior to the time they are diagnosed with an asbestos-related condition.
Asbestos claims are typically filed today as mesothelioma individual lawsuits. These lawsuits are similar in nature to class action lawsuits, but have defendants who are individuals. They also follow a more targeted approach to litigation. Individual cases offer victims to receive a greater amount of damages. The jury will consider the unique asbestos-related illnesses and exposure stories of each victim. 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 unique and has its own features. A mesothelioma attorney will investigate your exposure history as well as your symptoms and medical records to determine the strength or your case. They will also go through documents from the company and conduct depositions if needed to collect more information.
Many of the companies that make asbestos-related products were aware of the dangers of asbestos but they continued to use it and hid these dangers from their employees. A lawsuit against asbestos-related companies is a way to make them accountable and obtain compensation for the costs associated with the disease.
Certain asbestos firms were able to avoid liability by declaring bankruptcy, but courts were not willing to let them get away with it. They were forced to set funds in trust for victims of mesothelioma or other asbestos-related illnesses.
An experienced attorney will fight for you to receive the most compensation possible when you've been diagnosed with asbestos-related diseases. You should be aware that patients can expect to wait an average of 18 months to receive settlement. Certain cases could go to trial. A trial is a lengthy process that can take several years, but it does have the advantage of making defendants subject to public scrutiny and providing a jury with more evidence of how you were exposed to asbestos.
What is the difference between Settlements and Trials?
While every asbestos lawsuit is different but the majority of cases follow a similar legal process. The plaintiff, also known as the person who files the lawsuit must prove that they were exposed and was diagnosed with an asbestos-related disease. They must also prove that the company responsible for the exposure was responsible for the exposure. This is done by various methods such as documents regarding employment and medical records, expert witnesses, and more.
In the past asbestos victims have filed a variety of cases as class actions. Class action lawsuits provide a means for a single person to file a lawsuit on behalf of an entire 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 approval.
The law has changed and class actions no anymore assist people in obtaining justice in mesothelioma claims. Mesothelioma attorneys and judges have noted that a single lawsuit may not always resemble the other cases in a proposed class. Therefore, it is more efficient for victims of mesothelioma to bring their personal injury or wrongful-death claims individually.
Certain individuals may be able to claim compensation through bankruptcy trusts created by asbestos companies that have gone bankrupt. Trust fund claims are less demanding than typical lawsuits and provide victims with the opportunity to receive compensation faster.
How Can I Get Help?
You could be eligible for compensation if you have been diagnosed with mesothelioma or asbestosis. Consult a mesothelioma attorney who can assist you in obtaining proof about your past asbestos exposure and identify the companies responsible. Your lawyer can tell you whether a trial or settling is in your best interests and work with companies to reach an agreement.
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. Each case is unique. Therefore making a case as a whole isn't the best choice for all victims.
Regardless of what type of lawsuit you're seeking, it is crucial to act swiftly. To protect your rights, you should seek out an experienced mesothelioma lawyer. Your attorney will examine your medical records as well as your employment history to determine if you have a valid claim and a good chance at winning compensation. They can also assist you in obtaining the necessary documents from the asbestos company to support your claim. They can also explain the litigation process to you and ensure that you are kept informed throughout your case.