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Asbestos Class Action Litigation Asbestos lawsuits may provide compensation for families of victims. 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. The process of litigation involves the submission of medical bills, employment and other records to your attorney. You may be required to attend depositions. Why Asbestos Illnesses? Asbestos is a hazard cancer-causing material that was once used extensively in building and other commercial projects. When asbestos-containing products break down, tiny fibers are released into the air, and are inhaled by everyone who is in the vicinity. In time the fibers can lead to life-threatening, serious diseases such as mesothelioma, asbestosis and plaques in the pleural cavity. Mesothelioma is a fatal type of lung cancer caused by exposure to asbestos fibers. It usually takes decades for victims to develop the cancer. The symptoms of mesothelioma may include difficulty breathing, constant coughing, and chest pain. An experienced lawyer can assist the families of victims in recovering compensation from asbestos companies to cover the medical expenses of the past and future, lost wages and other damages. A mesothelioma case can also award punitive damages to punish defendants who have been reckless. Although each asbestos claim is different, the underlying elements are similar. Every victim must prove that they were exposed to asbestos, that they have a medical condition that they can prove is related to that exposure, and that they have the right to compensation. What are the reasons to seek justice for Asbestos Infections? Mesothelioma, asbestos-related diseases and other diseases can be debilitating. Victims need compensation to cover the cost of their treatment. Many companies who used, distributed or produced asbestos exposed people to dangerous substances. Victims deserve justice. A mesothelioma lawsuit allows victims to hold negligent businesses accountable for their actions. The lawsuits ensure that victims and their families are compensated for medical expenses, funeral costs, and lost wages. In addition to money that is awarded in a lawsuit mesothelioma patients might be eligible for punitive damages that are designed to punish the defendant, and deter others from engaging in similar misconduct. These damages are not mandatory, but can be awarded by the judge at his discretion. A class action lawsuit is an efficient method to file a claim against multiple negligent asbestos-related companies at once. It is crucial that each victim receives an experienced attorney who can provide individualized representation and fight for the most favorable outcome. The lawyers at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. Contact us to learn more about the services we offer. We can help you receive the compensation you deserve. What is Asbestos Litigation? If you've been diagnosed with mesothelioma or another asbestos-related illness having a lawsuit filed is a good method of holding manufacturers accountable for their negligence. A successful mesothelioma case requires proof that you were exposed to asbestos and that exposure caused your condition. To prove your claim, your lawyer may need to examine medical records, obtain employment records, or speak with unions, coworkers, or other workers. Asbestos litigation has been going on for decades in the United States. Dozens have declared bankruptcy and put 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 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 be fair to victims. It is now widely accepted that individual mesothelioma cases are more likely than not to be the cause of significant compensation. Asbestos lawsuits can be filed as personal injury claims or wrongful death cases. Knoxville asbestos lawyers is unique. It is nevertheless important to work with an experienced mesothelioma law firm with a national network of attorneys. Their expertise in asbestos cases and mesothelioma treatment options will ensure that you receive the most favorable settlement or verdict. When Should I File A Lawsuit? It is crucial that the victims and their families take action as quickly as possible, even though it may take a while to file a suit. The statutes of limitations vary according to state, but for the majority of asbestos sufferers, they are allowed between one and five years from diagnosis or discovery before they are able to file a claim. Mesothelioma may develop from 10 to 40 years after exposure. many patients with mesothelioma were exposed to different asbestos products at different instances throughout their lives. A lawsuit could bring asbestos manufacturers to account for their negligence and compensate victims. A class action settlement is a way for multiple mesothelioma plaintiffs to seek compensation from the same company. However the U.S. Supreme Court has ruled that it is inappropriate for companies to settle with class members prior to the time they are diagnosed with an asbestos-related illness. Asbestos lawsuits are presently filed as individual mesothelioma claims. These lawsuits are similar to class action claims however, they have individual defendants and a more targeted approach to litigation. Individual cases offer victims a higher level in damages. The jury will listen to the unique asbestos-related illnesses and exposure experiences of each victim. The more mesothelioma lawyers are knowledgeable about each case, the more they can help families of victims receive compensation. How Do I Know If I Have a Case? Every asbestos case is unique and has its own characteristics. An attorney for mesothelioma will look into your exposure history, symptoms, and medical records in order to determine the strength or your case. They will also go through company documents and conduct depositions when necessary to collect more details. Many companies that manufacture asbestos-based products knew about the dangers of the material however they continued to use the material and concealed these risks from their workers. A lawsuit against asbestos companies is an opportunity to make them accountable and obtain compensation for the expenses associated with the disease. Certain asbestos companies declared bankruptcy to avoid liability, but the courts refused to let them off. They were obliged to set funds aside in trust funds to help mesothelioma patients or other asbestos-related illnesses. If you've been diagnosed with an asbestos-related health issue A seasoned attorney will fight for the maximum settlement that is possible. Be aware that patients can expect to wait an average of 18 months to receive a settlement. Certain cases could go to trial. A trial can be a long process that can last for several years. However it exposes defendants the public and provides the jury with additional evidence about the exposure to asbestos. What is the Difference Between Settlements and Trials? While every asbestos lawsuit is unique but the majority of cases follow a similar legal process. The person filing the case (also known as 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 should be awarded compensation. This can be done by various methods like medical and employment records, expert witnesses, etc. In the past, asbestos victims have filed many cases as class actions. Class action lawsuits allow for one person to sue on behalf of a group that has been similarly affected. The class is represented by a team of lawyers who identify the members of the class and then submit the lawsuit to the court for approval. However the law has changed and class actions are no longer a good method of helping people gain access to justice in mesothelioma cases. Mesothelioma lawyers and judges have noted that a single lawsuit usually 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 the wrongful death of a loved one. Some individuals may also be able to claim compensation through trusts in bankruptcy that were created from bankruptcy asbestos companies. Trust fund claims require less proof than a typical lawsuit, and offer victims a quicker route to compensation. How Can I Get Help? If you have been diagnosed with mesothelioma, asbestosis, or another asbestos-related disease you may be qualified for compensation. Contact an attorney for mesothelioma who can assist you in gathering evidence of your previous exposure to asbestos and identify which companies are responsible. Your attorney can advise you whether a settlement or trial is in your best interests and collaborate with companies to reach a resolution. In the past, those who suffered similar injuries could bring a class action lawsuit against asbestos manufacturers. This reduced the burden on the courts. However, each person's case is unique, so the filing of a class action lawsuit is not a good idea for all victims. Regardless of what type of lawsuit you are seeking, it is essential to act quickly. The statute of limitations for mesothelioma and the other asbestos-related diseases vary in each state, and you need to consult with an experienced mesothelioma lawyer in order to defend your rights. Your attorney can review your medical and employment records to ensure you have a strong case and have a great chance of obtaining compensation. They can assist you in obtaining any documents required by the asbestos company to prove your claim. They can explain the process of litigation to you and make sure that you are informed throughout the course of your case.