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Asbestos Class Action Litigation Asbestos suits can provide compensation for victims and their families. Anyone who was exposed asbestos and then developed mesothelioma or lung cancer or any other asbestos-related disease, can bring a class action or individual lawsuit. The litigation process includes providing medical bills as well as employment and other documents to your attorney. You may also need to be present during depositions. Why Asbestos Illnesses? Asbestos, a substance that causes cancer was once extensively used in commercial and building projects. When asbestos-containing products break down, tiny fibers are released into the air, where they can be inhaled by anyone near. Baldwin Park asbestos lawsuit can cause life-threatening, fatal illnesses like asbestosis and mesothelioma. Mesothelioma is a deadly form of lung cancer caused by exposure to asbestos fibers. It can take many years for victims to develop the cancer. The symptoms of mesothelioma may include difficulty breathing, persistent coughing, and chest pain. An experienced attorney can assist victims and their families recover compensation from asbestos companies for future and past medical expenses, lost wages and other damages. Additionally mesothelioma lawsuits may be awarded punitive damages, which aim to penalize defendants for their reckless conduct. Although each asbestos case is unique, the underlying elements are the same. Each plaintiff must prove that they were exposed, that they are suffering from a disease related to the asbestos exposure, and that compensation is due. Why should you seek justice for Asbestos Diseases? Mesothelioma and other asbestos-related diseases can be very debilitating and sufferers require compensation to pay for their treatment. Many companies that utilized, distributed or made asbestos exposed people to dangerous substances. Victims deserve justice. A mesothelioma suit allows victims to hold negligent companies accountable for their actions. The lawsuits ensure that the victims and their families are paid for funeral costs and lost wages. In addition to the money paid in a lawsuit, mesothelioma victims might be able to claim punitive damages that is intended to penalize the defendant and discourage others from engaging similar conduct. These damages are not mandatory however they can be granted at the discretion of the judge. A class action lawsuit could be a simple and effective way to file a claim against several asbestos-related companies that are negligent at the same time. However, it is important for each victim to have a dedicated lawyer who can offer a personalised representation and fight for the best possible outcome. The lawyers at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. Contact us today to learn more about the services we offer. We can assist you in obtaining the compensation you deserve. What is Asbestos Litigation? When you have been diagnosed with mesothelioma or another asbestos-related illness and you want to file a lawsuit, it is a great 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 the illness. To prove your claim, your lawyer may need to review medical records, gather employment records, or talk with unions, coworkers or other workers. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous companies have filed for bankruptcy and set up trust funds to compensate victims. Scientists have known for an extended time that asbestos causes lung diseases and damage. 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 pay victims fairly. However nowadays, it is recognized that individual mesothelioma lawsuits are more likely to result in substantial compensation for the victims. Asbestos lawsuits can be personal injury or wrongful death claims. Each case is unique. It is important to work closely with a mesothelioma lawyer firm with a nationwide network of lawyers. Their expertise in asbestos litigation and mesothelioma treatments can help you get the best settlement or verdict. When should I file a Lawsuit? While it can take time to file a lawsuit, it is important for families of victims to act as quickly as they can. The statutes of limitations differ by state, but generally asbestos victims are given one to five years from diagnosis or discovery to file a claim. Mesothelioma can manifest from 10 to 40 years after exposure. many people who have mesothelioma have been exposed to various asbestos-containing products at different times in their lives. A lawsuit could bring asbestos manufacturers to account for their negligence and the victims get compensation. A class action settlement is a way for 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 group members prior to their diagnosis with asbestos-related illnesses. Asbestos lawsuits are presently filed as individual mesothelioma claims. These lawsuits are similar in nature to class action lawsuits, but have individual defendants. They also use a more focused litigation approach. Individual cases allow victims to receive a higher amount of damages. The jury will be able to hear the unique asbestos-related ailments and exposure stories of each victim. The more mesothelioma attorneys understand each case's specifics the better they will be able to secure compensation for victims and their families. How do I tell if I have a case? Every asbestos case is unique and has its own features. An experienced mesothelioma lawyer will conduct a thorough investigation into your individual exposure history symptoms, medical records and more to determine the potential strength of your case. They will also go through documents from the company and conduct depositions if needed to gather additional information. Many manufacturers of asbestos products knew about the dangers associated with the material but they continued to use it and hid these dangers from their employees. A lawsuit against asbestos companies is an effective way to make them accountable and obtain compensation for the costs related to the disease. Some asbestos companies declared bankruptcy to avoid liability However, the courts wouldn't let them off. This meant that they were required to save money in trust funds to pay victims with mesothelioma and other asbestos-related illnesses. A skilled attorney will fight to secure the most compensation possible if you have been diagnosed with asbestos-related diseases. You should be aware that asbestos-related victims are likely to wait for an average of 18 months before receiving an award. Some cases may even go to trial. A trial can be a long process that can last for many years. However it exposes defendants to the public and provides jurors with additional evidence of the exposure to asbestos. What is the difference between settlements and trials? Although every asbestos lawsuit is unique but the majority of cases follow a similar legal process. The plaintiff, the person who files the lawsuit, must prove that they were exposed and developed an asbestos-related illness. They must also prove that the company responsible for the exposure triggered the exposure. This is accomplished through many different methods such as medical and employment documents, expert witnesses and more. In the past asbestos victims have filed a variety of cases as class actions. Class action lawsuits are a way for one person to sue on behalf of an entire group of people who have been similarly affected. The class is represented by a team of lawyers who identify the class's members and submit the lawsuit to the court for approval. However the law has changed and class actions are no longer a viable way to help people access justice in mesothelioma cases. Mesothelioma lawyers and judges have noted that a single suit often does not sufficiently resemble the other cases in the proposed class, and it is more efficient for victims to individually file their claims for personal injury or the wrongful death of a loved one. Certain individuals may be able to claim compensation through bankruptcy trusts created by asbestos firms that are bankrupt. Trust fund claims require less proof than a typical lawsuit, and provide victims with a faster route to compensation. How Can I Get Help? If you were diagnosed with mesothelioma, asbestosis, or another asbestos-related illness you may be entitled to compensation. Consult a mesothelioma attorney who can help you gather evidence of your asbestos exposure and identify the companies responsible. Your attorney can also discuss whether a trial or settlement is best for you and work with the companies to reach an agreement. In the past, those with similar injuries would make a class action suit against asbestos producers. This helped reduce the burden on the courts. Each case is unique. Therefore the filing of a lawsuit as a group is not the best choice for all victims. No matter what kind of lawsuit you are seeking, it is crucial to act quickly. The time limits for mesothelioma as well as other asbestos-related illnesses differs in each state, and you need to consult with an experienced mesothelioma lawyer in order to defend your rights. Your lawyer will review your medical and employment records to make sure that you have a strong claim and have a great chance of obtaining compensation. They can also aid you in obtaining the necessary documents from asbestos companies to prove your claim. They can explain the process of litigation to you and make sure that you are aware throughout your case.