Asbestos Class Action Litigation
Asbestos lawsuits can provide compensation to families of victims. Anyone who was exposed to asbestos and later developed mesothelioma, lung cancer or any other asbestos-related disease, may make a class action or an individual lawsuit.
Folsom asbestos attorneys will have to provide medical bills, employment records and other documents in the course of the litigation process. You may also need to be present for depositions.
Why Asbestos Illnesses?
Asbestos, a cancer-causing substance, was once widely used in building and commercial projects. Asbestos-containing products are destroyed, releasing tiny fibers into the air. These can be inhaled. These fibers can lead to serious and life-threatening diseases like asbestosis and mesothelioma.
Mesothelioma, a deadly form of lung cancer is caused by asbestos fibers. It usually takes many years for victims to develop the cancer. Mesothelioma symptoms include chest pain, frequent coughing and breathing difficulties.
An experienced lawyer can assist victims and their families recover compensation from asbestos-related companies for future and past medical expenses, lost wages and other damages. A mesothelioma case can also provide punitive damages in order to punish defendants who have committed reckless acts.
The underlying elements of each asbestos claim are the same however, every case is unique. Every victim must prove that they were exposed to asbestos, that they suffer from a medical condition that is related to that exposure, and that they are entitled to compensation.
What are the reasons to seek justice for Asbestos Illnesses?
Mesothelioma, along with other asbestos-related illnesses can be debilitating, and victims require compensation to pay for their treatment. Many of the companies that produced or distributed asbestos knew that they exposed their employees to the hazard of asbestos, and victims need justice.
A mesothelioma suit allows victims to hold negligent companies accountable for their actions. The lawsuits also ensure that the victims and their families receive the proper compensation to pay for funeral expenses, lost wages and other damages.
In addition to money paid in a lawsuit, victims of mesothelioma might be eligible for punitive damages that is intended to penalize the defendant and deter others from engaging in similar conduct. These damages are not mandatory however they can be granted by the judge at his discretion.
A class action lawsuit is a convenient method of filing an action against a number of negligent asbestos-related companies at once. However, it is important for each victim to have an attorney who is able to provide personalized 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 our services. We can help you receive the compensation you deserve.
What is Asbestos Litigation?
The filing of 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 condition you must show proof. To prove your claim your lawyer might need to examine medical records, collect employment records, or speak with coworkers, unions, or other workers.
Asbestos lawsuits have been ongoing for decades in the United States. Numerous people have declared bankruptcy and set up trust funds to pay victims. Scientists have proven for a long time that asbestos can cause lung damage and illnesses.
Mesothelioma suits seek compensation for medical expenses, lost wages and suffering. In the past mesothelioma lawsuits had been filed as class actions. It was believed that a single suit would fairly compensate victims. However it is now acknowledged that individual mesothelioma claims are more likely to result in significant compensation for the victims. Asbestos lawsuits can be personal injury or claims for wrongful death. Each case is unique. It is important to collaborate with a mesothelioma lawyer firm with a nationwide network of attorneys. Their knowledge of asbestos litigation and mesothelioma treatment options can ensure you receive the most favorable settlement or verdict.
When should I file a Lawsuit?
It is essential that victims and their families act as quickly as possible even if it will take time to file a suit. The statutes of limitations vary according to state, but the majority of asbestos victims have one to five years from the time of diagnosis or discovery to start an action.
Mesothelioma may develop 10 to 40 years after exposure. Many people who suffer from mesothelioma have had exposure to asbestos products at different times during their lives. A lawsuit could help compensate victims and hold asbestos manufacturers 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 that businesses should not settle with the class members prior to a diagnosis of asbestos-related illnesses.
Asbestos lawsuits are presently filed as individual mesothelioma cases. These lawsuits are similar to class action lawsuits however, they have individual defendants and a specialized litigation strategy. Individual cases allow victims to be awarded higher damages. The jury will consider the unique asbestos-related illnesses and exposure stories of each victim. The more mesothelioma lawyers know about each case's specifics the better they will be able to get compensation for the victims and their families.
How Do I Tell whether I have a case?
Each asbestos case is unique. An experienced mesothelioma lawyer will conduct an extensive investigation into your personal exposure history, symptoms and medical records to determine the strength of your case. They will also look over documents from the company and conduct depositions if necessary to gather additional details.
Many companies that manufacture asbestos-based products knew about the dangers associated with the material but continued to use it and concealed these dangers from their employees. An asbestos lawsuit can be a chance to hold these companies responsible and secure compensation that will assist in covering the costs related to the disease.
Some asbestos companies declared bankruptcy to avoid liability, but the courts refused to let them off. They were forced to set funds in trust to help mesothelioma patients or other asbestos-related diseases.
An experienced lawyer will fight to secure the most compensation possible when you've been diagnosed with an asbestos-related illness. However, you should know that it can take eighteen months for victims to receive a settlement and some cases may go to trial before being resolved. A trial is a lengthy process that can take 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 about how you were exposed to asbestos.
What is the Difference Between Settlements and Trials?
Although every asbestos lawsuit is different however, most follow a similar process. The plaintiff, the person who files the suit, must prove that they were exposed and suffered from an asbestos-related illness. They also need to prove that the company responsible for the exposure triggered the exposure. This can be done by a variety means including medical and employment records, expert witnesses, etc.
Traditionally, many asbestos cases were filed as class action lawsuits. Class action lawsuits allow one person to make a claim on behalf of a group similarly affected. The class is represented by a group of lawyers who determine the members of the class and submit the lawsuit to the court for approval.
The law has changed and class actions no longer assist in obtaining justice in mesothelioma claims. Mesothelioma lawyers and judges have noted that a single suit often does not sufficiently resemble other cases within the proposed class and it is more efficient for victims to file individual claims for personal injury or wrongful death.
A few people might also be able to file claims with bankruptcy trusts made from asbestos-related bankruptcy companies. Trust claims for funds are less prone to proof than typical lawsuits, and offer victims an easier route to compensation.
How Can I Get Help?
You could be eligible for compensation if you've been diagnosed with mesothelioma or asbestosis. Contact a mesothelioma attorney who can assist you in gathering evidence of your previous exposure to asbestos and determine the companies accountable. Your lawyer can tell you whether a trial or settling is best for you and work with companies to reach an agreement.
In the past, those who suffered similar injuries were able to file class action lawsuits against asbestos companies. This reduced the burden on the courts. Each case is unique. Therefore making a case in a group isn't the best option for many victims.
No matter what kind of lawsuit you're seeking, it is essential to act fast. The time limit for mesothelioma and other asbestos-related diseases vary by state, so you need to consult with an experienced mesothelioma lawyer to protect your rights. Your lawyer will go over your medical records and work history to determine if you have a valid claim and a good chance at getting compensation. They can assist you in obtaining any documentation required by the asbestos company in order to demonstrate your claim. They can explain the process of litigation to you and ensure that you are informed about your case.