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Asbestos Class Action Litigation Asbestos suits can provide compensation to victims and their families. Anyone who was exposed asbestos and developed a mesothelioma, lung cancer or other asbestos-related disease can start a class or individual action lawsuit. The process of litigation involves providing medical bills as well as employment and other documents to your attorney. You may need 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. When asbestos-containing products break down, tiny fibers are released into air, where they are inhaled by everyone nearby. As Brockton asbestos attorneys , these fibers can cause life-threatening, serious diseases such as asbestosis, mesothelioma and plaques in the pleural region. Mesothelioma is a fatal form of lung cancer, is caused by asbestos fibers. It can take years for patients to develop the disease. Symptoms of mesothelioma can include breathing difficulties, frequent coughing, chest pain and apnea. An experienced lawyer can assist victims and their families receive compensation from asbestos companies for past and future medical expenses, lost wages and other damages. Additionally mesothelioma lawsuits may award punitive damages in order to penalize defendants for their reckless conduct. Although each asbestos claim is different, the underlying elements are similar. Every victim must prove that they were exposed, that they have a diagnosis of a disease that is linked to the asbestos exposure, and that compensation is due. Why should you seek justice for Asbestos Infections? Mesothelioma and asbestos-related diseases as well as other diseases can be crippling. Victims require compensation to cover their treatment. Many of the companies that produced or distributed asbestos knowingly exposed people to this dangerous substance and those who were exposed need justice. A mesothelioma lawsuit permits victims to hold companies responsible 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 the money paid in a lawsuit, mesothelioma victims could be able to claim punitive damages, which is designed to punish the defendant, and discourage others from engaging similar conduct. These damages aren't mandatory but may be awarded by the judge at his discretion. A class action lawsuit can be a practical and effective method of bringing claims against several negligent asbestos-related businesses at once. It is crucial that each victim receives an attorney who is devoted to offer a personalised representation, and fight for the most favorable outcome. Kennedy & Associates has 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? A lawsuit filed after being diagnosed with mesothelioma, or any other asbestos-related disease, is a great way to hold the manufacturers accountable for their wrongful actions. A successful mesothelioma claim requires proof that you were exposed to asbestos and that exposure to asbestos was the reason for your illness. Your lawyer may need to obtain employment records, talk to co-workers or unions, and review medical records to prove your injury. Asbestos lawsuits have been ongoing for decades in the United US. Dozens have declared bankruptcy and put trust funds to compensate victims. Scientists have been aware for an extended time that asbestos causes lung disease and damage. Mesothelioma lawsuits seek to recover victims' medical expenses, lost wages and pain and suffering. Historically, mesothelioma cases were brought as class actions because it was thought that a single lawsuit could be fair to victims. However, it is now recognized that individual mesothelioma lawsuits are more likely to result in significant settlements for victims. Asbestos lawsuits can be filed as personal injury claims or wrongful-death cases. Each case is unique. It is crucial to partner with a mesothelioma lawyer firm that has a nationwide network of lawyers. Their knowledge of asbestos litigation, and mesothelioma treatment options can assist you in obtaining the most favorable settlement or verdict. When should I file a Lawsuit? Although it takes time to file a lawsuit it is essential for victims and their families to act as soon as they can. 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 are able to make an action. Mesothelioma can develop between 10 to 40 years after exposure. many people who have mesothelioma were exposed to different asbestos products at various times in their lives. A lawsuit can help compensate victims and hold asbestos producers accountable for their negligence. A class action settlement permits multiple mesothelioma victims to claim 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 with asbestos-related illnesses. Asbestos claims are filed today as individual mesothelioma lawsuits. These lawsuits are similar in nature to class action claims but have defendants who are individuals. They also use a more targeted approach to litigation. Individual cases offer victims a higher level in damages. The jury will be able to hear the specific asbestos-related diseases and exposure experiences of each victim. The better mesothelioma lawyers understand 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 is unique. A mesothelioma lawyer will study your exposure history as well as your symptoms and medical records to determine the strength of your case. They will also go through the company's documents and take depositions when necessary to gather additional information. Many asbestos product manufacturers knew the dangers but continued to make use of the material, and concealed the risks from their employees. A lawsuit against asbestos companies is an opportunity to ensure that they are accountable and receive compensation for the costs associated with the disease. Some asbestos companies declared bankruptcy to avoid liability however, the courts wouldn't allow them to go on. In the end, they were forced to deposit money in trust funds to pay victims with mesothelioma and other asbestos-related illnesses. If you were diagnosed with an asbestos-related health issue, an experienced attorney will fight for the maximum amount of compensation that is feasible. You should be aware that patients can expect to wait on average 18 months before receiving a settlement. Some cases may even go to trial. A trial can be a lengthy process that can last for many years. However it exposes defendants the public and provides jurors with additional evidence about the asbestos exposure you have suffered. What is the difference between trials and settlements? While each asbestos lawsuit is unique, most follow the same legal procedure. The person filing the case also known as the plaintiff must prove that they were exposed to asbestos and then developed an asbestos-related illness, and that the responsible company caused the exposure, and that they are entitled to compensation. This can be done through a variety means, such as documents regarding employment and medical documents, expert witnesses, etc. In the past asbestos victims have filed a variety of cases as class actions. Class action lawsuits allow a person to make a claim on behalf of a group that is similarly affected. The class is represented by a group of attorneys who define the members of the class and then submit the lawsuit to the court for approval. However, the law has evolved and class actions are no longer a viable way to help people access justice in mesothelioma-related cases. Mesothelioma lawyers and judges have noted that a single suit often does not sufficiently resemble other cases in the proposed class, and it is more efficient for victims to file individual claims for personal injury or wrongful death. Certain individuals may be able to claim compensation through bankruptcy trusts set up by the bankrupt asbestos firms. Trust fund claims require less proof than a typical lawsuit and give victims a quicker path to compensation. How Can I get help? You may be entitled to compensation if you've been diagnosed with mesothelioma or asbestosis. It is recommended to contact a mesothelioma attorney who can assist you in gathering evidence of your exposure to asbestos and determine the companies accountable. Your lawyer can tell you whether a trial or settling is in your best interest and work with companies to come to an agreement. In the past, those with similar injuries would file a class action lawsuit against asbestos manufacturers. This reduced the burden on the court system. However, each person's situation is unique, which is why filing an action class-wide is not ideal for many victims. Whatever type of lawsuit you're seeking, it is essential to act fast. The statute of limitations for mesothelioma and the other asbestos-related diseases vary according to state, which is why you should consult an experienced mesothelioma attorney to protect your rights. Your attorney will review your medical records and work history to determine if you have a valid claim and a chance of receiving compensation. They can also assist in obtaining the necessary documents from the asbestos company to support your claim. They can also explain the litigation process and make sure you are well-informed throughout your case.