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Asbestos Class Action Litigation Asbestos suits can provide compensation to victims and their families. Anyone who has been exposed to asbestos and later developed mesothelioma, lung cancer, or any other asbestos-related illness, can bring a class action or individual 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 is a dangerous cancer-causing substance which was once extensively used in commercial and construction projects. When asbestos-containing materials break down, tiny fibers are released into the air, and can be inhaled by any near. Over time they can cause life-threatening, serious diseases such as mesothelioma, asbestosis and plaques in the pleural cavity. Mesothelioma is a fatal form of lung cancer that is caused by exposure to asbestos fibers. The disease can take a long time to develop. The symptoms of mesothelioma may include difficulty breathing, persistent coughing, and chest pain. An experienced lawyer can assist victims and their families collect compensation from asbestos-related companies for future and past medical expenses, lost wages, and other damages. A mesothelioma lawsuit can also be awarded punitive damages to penalize defendants who have been reckless. While every asbestos claim is unique, the underlying elements are the same. Each victim must prove that they were exposed to asbestos, have a diagnosed illness related to that exposure, and that they have the right to compensation. Why seek justice for asbestos illnesses? Mesothelioma, asbestos-related illnesses and other diseases can be crippling. The victims need compensation to cover the cost of their treatment. Many companies who utilized, distributed or made asbestos exposed people to the dangerous substance. The victims deserve justice. A mesothelioma suit allows victims to hold companies responsible for their actions. The lawsuits also guarantee that victims and their families receive adequate compensation to pay for funeral costs, lost wages, and other damages. In addition to the amount awarded by a lawsuit mesothelioma patients may also be qualified for punitive damages which are intended to punish the defendant and deter others from engaging in similar misconduct. These damages are not mandatory however they may be awarded at the judge's discretion. A class action lawsuit could be a convenient and efficient way to file claims against several negligent asbestos-related businesses at once. It is important that each victim has a dedicated attorney who can provide individualized representation and fight for the best outcome. The attorneys at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. Contact us today to find out more about our services. 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 a great method of holding manufacturers accountable for their negligence. To prove that asbestos exposure caused your illness, you must provide proof. Your lawyer might need to gather employment records, talk with unions or coworkers, 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. Hundreds of people have declared bankruptcy and set trust funds to compensate victims. Scientists have proven for a long time that asbestos is responsible for lung damage and causes diseases. Mesothelioma lawsuits seek to recover victims' medical expenses, lost wages and pain and suffering. In the past, mesothelioma cases were brought as class actions because it was thought that a single suit would compensate victims fairly. It is now widely acknowledged that individual mesothelioma cases are more likely than not to be the cause of substantial compensation. Asbestos lawsuits can be personal injury or claims for wrongful deaths. Each case is different. But, it is crucial to work with an experienced mesothelioma lawyer firm that has a nationwide network of lawyers. Their expertise in asbestos cases 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 promptly even if it will take time to file a lawsuit. The statutes of limitation vary according to state, but the majority of asbestos victims have one to five years from the time of diagnosis or discovery to start a claim. Mesothelioma can develop between 10 to 40 years after exposure. many patients with mesothelioma were exposed to different asbestos-containing products at different times in their lives. A lawsuit can help compensate victims and hold asbestos manufacturers responsible for their wrongful conduct. A class action settlement allows multiple mesothelioma victims 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 lawsuits are presently filed as individual mesothelioma claims. These lawsuits are similar to class action claims, but have defendants who are individuals. They also use a more targeted approach to litigation. Individual cases enable victims to be awarded a higher level of damages. This is due to the jury hearing the individual exposure history of each victim and the specific asbestos-related diseases they suffer from. The more mesothelioma lawyers know about each case, the better they can assist families of victims receive compensation. How do I tell when I'm dealing with a case? Each asbestos case has its own unique features. An experienced mesothelioma lawyer will conduct a thorough investigation into your specific exposure history symptoms, medical records and other information to determine the strength of your case. They will also review the company's documents and take depositions when necessary to gather additional details. Many companies that manufacture asbestos-based products knew about the dangers of asbestos but they continued to use it and concealed the hazards from their workers. A lawsuit against asbestos is an opportunity to hold these companies accountable and seek compensation to help cover expenses related to the disease. Certain asbestos companies declared bankruptcy to avoid liability However, the courts would not let them go. They were obliged to set funds aside in trust funds for victims of mesothelioma or other asbestos-related illnesses. An experienced attorney will fight to secure the most compensation possible in the event that you've been diagnosed with asbestos-related diseases. Be aware that patients can expect to wait on average 18 months before receiving settlement. Certain cases could go to trial. 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 a jury with more evidence about how you were exposed to asbestos. What is the difference between Settlements and Trials? While each asbestos lawsuit is different but most follow the same legal procedure. The person who files the case – called the plaintiff – must prove that they were exposed to asbestos and later developed an asbestos-related condition, and that the company responsible for this caused this exposure and they deserve compensation. This can be done by many different methods including medical and employment documents, expert witnesses, etc. Traditionally, many cases for asbestos victims were filed as class action lawsuits. Class action lawsuits allow a person to make a claim on behalf of a group similarly affected. The class is represented in court by a team of lawyers who decide the class members and submit the case to the court. The law has changed, and class actions cannot longer assist in obtaining justice for mesothelioma cases. Mesothelioma lawyers and judges have noticed that a single lawsuit usually isn't sufficiently similar to other cases in the proposed class and 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 claim compensation through bankruptcy trusts created by asbestos companies that have gone bankrupt. Trust fund claims require less proof than a typical lawsuit, and give victims a quicker path to compensation. How Can Springfield asbestos attorney get help? If you were diagnosed with mesothelioma, asbestosis or another asbestos-related disease you may be qualified for compensation. Consult a mesothelioma attorney who can assist you in gathering evidence of your asbestos exposure and pinpoint the responsible companies. Your attorney can discuss with you whether a settlement or trial is best for you and work with companies to reach a resolution. In the past, people who suffered similar injuries could make a class action suit against asbestos manufacturers. This helped reduce the burden on the court system. However, each person's situation is unique, which is why filing an action class-wide is not the best option for all victims. No matter what kind of lawsuit you are seeking, it is important to act swiftly. To protect your rights it is recommended that you consult an experienced mesothelioma attorney. Your lawyer will go over your medical records and work history to determine if you have a valid claim and a good chance at receiving compensation. They can assist you in obtaining all the documents required by the asbestos company to support your claim. Additionally, they can explain the process of litigation and ensure you are fully informed throughout your case.