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Asbestos Class Action Litigation Asbestos suits can offer compensation for victims and their families. Anyone who has been exposed to asbestos and then developed mesothelioma or lung cancer or another asbestos-related illness, can make a class action or an individual lawsuit. The process of bringing a lawsuit involves submitting medical bills, employment and other records to your attorney. You may also need to be available for depositions. Why Asbestos Illnesses? Asbestos, a substance that causes cancer was once extensively employed in construction and commercial projects. When asbestos-containing products break down, tiny fibers are released into air, and can be inhaled by any who is in the vicinity. Over time, these fibers can cause life-threatening, serious diseases such as asbestosis, mesothelioma and pleural plaques. 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 attorney can assist victims and their families receive compensation from asbestos-related companies for past and future 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 case is unique but the fundamental elements are the same. Every victim must prove that they were exposed to asbestos, that they have a diagnosis of an illness that is related to asbestos exposure, and that they are entitled to compensation. Why Seek Justice for Asbestos Infections? Mesothelioma and other asbestos-related diseases can be very debilitating and victims require compensation to pay for their treatment. Many companies that utilized, distributed or made asbestos exposed their workers to the dangerous substance. Victims deserve justice. A mesothelioma lawsuit allows victims to hold negligent companies accountable for their actions. The lawsuits also ensure that victims and their families receive the proper compensation to pay for medical expenses, funeral expenses, lost wages and other damages. In addition to money that is awarded in a lawsuit mesothelioma victims could be eligible for punitive damage, which is designed to punish the defendant, and discourage others from engaging in similar acts. These damages are not required however they can be granted by the judge at his discretion. A class action lawsuit is a convenient method to file an action against several negligent asbestos-related companies simultaneously. It is essential that each victim has an attorney who is devoted to provide personalized representation, and fight for the most favorable outcome. The attorneys at Kennedy & Associates have extensive experience fighting for asbestos victims' rights. Contact us to learn more about the services we provide. 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 the manufacturers accountable for their wrongful actions. To prove that exposure to asbestos caused your illness, you must provide proof. To prove your injury, your lawyer may need to review medical records, collect employment documents, or speak with unions, coworkers or other workers. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous people have declared bankruptcy and put trust funds to pay victims. Scientists have proven for a long time that asbestos is responsible for lung damage and causes diseases. Mesothelioma suits seek compensation for medical expenses, lost wages, and suffering and pain. Historically, mesothelioma cases were brought as class actions since it was thought that a single suit would be fair to victims. However, it is now recognized that individual mesothelioma lawsuits are more likely to result in significant compensation for the victims. Asbestos lawsuits can be filed as personal injury claims or wrongful death claims. Each case is unique. But, it is crucial to choose a reputable mesothelioma lawyer firm that has a national network of attorneys. Their knowledge of asbestos litigation, and mesothelioma treatments can assist you in obtaining the most favorable settlement or verdict. When Should I File A Lawsuit? Although it can take a while to file a lawsuit, it is important for families of victims to act as quickly as they can. The statutes of limitations vary by state, but for most asbestos victims they have between one and five years from diagnosis or discovery before they are able to make an action. Mesothelioma is a cancer that can develop between 10 and 40 years after exposure. Many people with mesothelioma have been exposed to asbestos-containing products at various times during their lives. A lawsuit can aid in the compensation of victims and hold asbestos manufacturers responsible for their negligence. A class action settlement allows multiple mesothelioma victims to pursue 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 with asbestos-related illnesses. Asbestos lawsuits are presently filed as individual mesothelioma cases. These lawsuits are similar in nature to class action claims, but have individual defendants. They also follow a more targeted approach to litigation. Individual cases permit victims to receive a higher amount of damages. This is due to the jury hearing each victim's unique exposure history and their specific asbestos-related ailments. The more mesothelioma lawyers know about each case, the more they can help victims and their families receive the compensation they deserve. How Do I Know whether I have a case? Every asbestos case has its own unique features. A mesothelioma lawyer with experience will conduct a thorough investigation into your specific exposure history symptoms, medical records and other information to determine the quality of your case. They will also go through documents from the company and take depositions, if necessary, to collect additional information. Many asbestos-related companies were aware of the dangers, yet continued to make use of the material, and concealed the dangers from their employees. A lawsuit against asbestos is an opportunity to hold these companies responsible and secure compensation that will assist in covering the costs associated with the disease. Some asbestos companies were able stay out of the risk of bankruptcy by declaring bankruptcy, however, courts were not prepared to let them get away with it. In the end, they were forced to deposit money into trust funds that pay victims with mesothelioma and other asbestos-related diseases. If you were diagnosed with an asbestos-related disease An experienced lawyer will fight to secure the highest settlement that is possible. However, you should know that it takes on average 18 months for victims to receive a settlement and a few cases could be tried in court before being resolved. Trials are a lengthy process that could last for many years, but it can have the advantage of the defendants being exposed to scrutiny by the public and providing a jury with more evidence of how you were exposed asbestos. What is Akron asbestos lawsuit between Settlements and Trials? While each asbestos lawsuit is distinct however, the majority follow the same legal procedure. The person who files the case also known as the plaintiff must prove that they were exposed to asbestos and then developed an asbestos-related disease, that the responsible company caused this exposure and they deserve compensation. This can be accomplished through a variety means like medical and employment documents, expert witnesses, etc. Traditionally, many asbestos cases were filed as class action lawsuits. Class action lawsuits allow one person to bring a lawsuit on behalf of a group similarly affected. The class is represented in court by a group of attorneys who decide on the class members and then submit the case to the court. However the law has changed and class actions are no longer a viable method to assist people in obtaining justice in mesothelioma cases. Mesothelioma lawyers and judges have noted that a single lawsuit often does not sufficiently resemble the other cases in the class being proposed and is more efficient for victims to file individual claims for personal injury or wrongful death. Some individuals may be able file claims through bankruptcy trusts created by asbestos firms that are bankrupt. Trust fund claims require less evidence than a typical lawsuit and offer victims a quicker route to compensation. How Can I Get Help? If you've been diagnosed with mesothelioma or asbestosis, or other asbestos-related diseases you could be eligible for compensation. Contact a mesothelioma lawyer who can assist you in obtaining evidence of your previous asbestos exposure and pinpoint the responsible companies. Your attorney can also discuss whether a settlement or trial is in your best interests and work with the companies to reach an agreement. In the past, victims who had similar injuries would bring class action lawsuits against asbestos manufacturers. This reduced the burden for the courts. Each case is different. Therefore the filing of a lawsuit as a group is not the best option for many victims. Whatever type of lawsuit you're seeking, it is essential to act fast. To ensure your rights are protected, you should consult a mesothelioma attorney who is experienced. Your attorney will examine your medical records as well as your employment information to determine if have a strong claim and a chance of receiving compensation. They can assist you with obtaining all the documents required by the asbestos company in order to support your claim. Moreover, they can explain the process of litigation and ensure you are informed throughout the course of your case.