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Asbestos Class Action Litigation Asbestos suits can provide compensation for victims and their families. Anyone who was exposed to asbestos and then developed mesothelioma or 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 as part of the litigation process. You may also have to be available for depositions. Why Asbestos Illnesses? Asbestos is a hazard, cancer-causing material which was once extensively used in building and other commercial projects. Asbestos-containing products are destroyed and release tiny fibers into the air. They can be inhaled. These fibers can cause serious and life-threatening diseases like asbestosis and mesothelioma. Mesothelioma is a fatal type 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, constant coughing, and chest pain. An experienced attorney can assist victims and their families collect compensation from asbestos-related companies for past and future medical expenses, lost wages, and other damages. In Tampa asbestos lawsuit may award punitive damages that aim to penalize defendants for their reckless conduct. The basic elements of each asbestos claim are the same even though every case is unique. Each victim must prove that they were exposed to asbestos, that they have a diagnosed illness caused by exposure and that they are entitled 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 their treatment. Many companies that produced, distributed, or used asbestos were aware of the dangers of this dangerous substance and the victims deserve justice. A mesothelioma lawsuit allows victims to hold negligent companies responsible for their actions. The lawsuits ensure that victims and their families are paid for funeral costs, and lost wages. In addition to money paid in a lawsuit, mesothelioma victims may be eligible for punitive damage, which is designed to punish the defendant, and discourage others from engaging in similar acts. These damages aren't mandatory, but can be awarded by the judge at his discretion. A class action lawsuit is an efficient method of filing an action against a number of negligent asbestos-related businesses at one time. It is essential that each victim has an experienced attorney who can provide individualized representation and fight for the best 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 get the compensation you deserve. What is Asbestos Litigation? The filing of a lawsuit after being diagnosed with mesothelioma or another asbestos-related illness is an excellent way to hold manufacturers accountable for their negligence. To prove that exposure to asbestos caused your illness, you must provide proof. To prove your claim your lawyer might need to look over medical records, gather employment records, or talk with unions, coworkers or other workers. Asbestos litigation has been going on for decades in the United America. Hundreds of people have declared bankruptcy and set up up trust funds to compensate victims. Scientists have known for an extended time that asbestos causes lung disease and damage. Mesothelioma lawsuits seek compensation for victims of medical expenses, lost wages, and pain and suffering. In the past, mesothelioma lawsuits were brought as class actions because it was believed that a single lawsuit could be fair to victims. It is now widely recognized that mesothelioma cases involving individuals are more likely than not to result in substantial compensation. Asbestos lawsuits can be personal injury or claims for wrongful death. Each case is different. However, it is important to work with an experienced mesothelioma lawyer firm that has an extensive network of attorneys. Their expertise in asbestos litigation, as well as mesothelioma treatments will help you obtain the most favorable settlement or verdict. When should I file a Lawsuit? Although it takes time to file a lawsuit, it is essential for victims and their families to take action as soon as possible. Statutes of limitations differ according to state, but for the majority of asbestos sufferers, they have between one and five years from diagnosis or discovery before they can file a claim. Mesothelioma can develop 10-40 years after exposure. Many people with mesothelioma have been exposed to asbestos-containing products at various times during their lives. A lawsuit could help compensate victims and hold asbestos producers accountable for their wrongful conduct. A class action settlement is a way for multiple mesothelioma plaintiffs to pursue compensation from the same company. The U.S. Supreme Court ruled, however, that companies should not make settlements with the class members prior to a diagnosis of asbestos-related illnesses. Asbestos claims are typically filed as individual mesothelioma lawsuits. These lawsuits are similar to class action lawsuits however, they have individual defendants and a more focused legal strategy. Individual cases permit victims to receive a higher amount of damages. This is because the jury considers each victim's unique exposure history and the specific asbestos-related diseases they suffer from. The more mesothelioma lawyers are aware of each individual case, the better they can secure compensation for the victims and their loved ones. How Do I Know whether I have a case? Every asbestos case is unique. A mesothelioma lawyer will study your exposure history symptoms, exposure history, and medical records to determine the strength or your case. They will also review documents from the company and conduct depositions if necessary to gather additional information. Many of the companies that make asbestos-related products were aware of the dangers associated with the material but they continued to use it and hid these hazards from their workers. A lawsuit against asbestos-related companies is an effective way to make them accountable and obtain compensation for the expenses related to the disease. Some asbestos companies were able to avoid liability by declaring bankruptcy but courts were not willing to let them get away with it. As a result, they were forced to deposit money in trust funds to pay mesothelioma victims and other asbestos-related diseases. An experienced lawyer will fight to secure the most money you deserve if you have been diagnosed with asbestos-related disease. Be aware that asbestos-related victims are likely to wait for an average of 18 months before receiving an award. Certain cases could go to trial. A trial can be a long process that can take several years. However, it exposes defendants to the public and provides the jury with additional evidence of the exposure to asbestos. What is the difference between trials and settlements? While each asbestos lawsuit is distinct however, the majority follow the same legal procedure. The plaintiff, also known as the person who files the lawsuit, must prove that they were exposed to asbestos and was diagnosed with an asbestos-related disease. They also need to prove that the company responsible for the exposure triggered the exposure. This can be done through various methods such as documents regarding employment and medical documents, expert witnesses and many other methods. In the past, asbestos victims have filed a variety of cases as class actions. Class action lawsuits allow for a single person to sue on behalf of an entire group that is similarly affected. The class is represented in court by a group of lawyers who decide the class members and submit the case to the court. However, the law has evolved and class actions are no longer a viable way to help people access justice in mesothelioma-related cases. Mesothelioma lawyers and judges have observed that a single lawsuit may not always resemble the other cases that are part of a class. It is therefore more effective for those suffering from mesothelioma to bring their personal injury or wrongful death claims separately. Certain individuals might also be able to claim compensation through trusts in bankruptcy that were created from bankruptcy asbestos companies. Trust fund claims require less evidence than a typical lawsuit, and give victims a quicker path to compensation. How Can I Get Help? If you've been diagnosed with mesothelioma, asbestosis or other asbestos-related diseases you may be eligible for compensation. Contact mesothelioma lawyers who can help you gather evidence of your previous exposure to asbestos and identify which companies are accountable. Your attorney can also help you decide whether a trial or settlement is in your best interests and work with the companies to reach an agreement. In the past, victims with similar injuries would file a class action lawsuit against asbestos manufacturers. This helped reduce the burden on the court system. However, every case is unique, therefore the filing of a class action lawsuit is not a good idea for all victims. It is essential to act swiftly, regardless of the type of lawsuit you are seeking. To ensure your rights are protected it is recommended that you seek out an experienced mesothelioma lawyer. Your lawyer will go over your medical records as well as your employment history to determine if you have a compelling case and a good chance at receiving compensation. They can help you obtain any documents required by the asbestos company in order to demonstrate your claim. They can explain the process of litigation to you and make sure that you are kept informed throughout the course of your case.