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Asbestos Class Action Litigation Asbestos lawsuits may provide compensation to victims and their families. Anyone who has been exposed to asbestos and then developed mesothelioma or lung cancer or any other asbestos-related disease, may bring a class action or individual lawsuit. The litigation process includes submitting medical bills, employment and other records to your attorney. You may also have to be present during depositions. Why Asbestos Illnesses? Asbestos, which is a cancer-causing chemical was once widely employed in construction and commercial projects. Asbestos-containing products are destroyed by releasing tiny fibers into the air. These can be inhaled. These fibers could cause life-threatening, fatal illnesses such as mesothelioma and asbestosis. Mesothelioma is a fatal form of lung cancer triggered by exposure to asbestos fibers. The disease can take decades to develop. Mesothelioma symptoms include chest pain, persistent coughing, and difficulty breathing. An experienced lawyer can assist the families of victims in obtaining compensation from asbestos-related companies to pay future and past medical expenses, lost wages and other damages. Additionally mesothelioma lawsuits can award punitive damages in order to penalize defendants for their reckless behavior. The basic elements of each asbestos claim are the same even though each case is unique. Every victim must prove that they were exposed to asbestos, have a diagnosed illness due to exposure, and that they have the right to compensation. Why Seek Justice for Asbestos Infections? Mesothelioma and asbestos-related diseases as well as other diseases can be crippling. Victims require compensation to pay for their treatment. Many companies that manufactured or distributed asbestos were aware of the dangers of the dangerous substance and those who were exposed need justice. A mesothelioma suit allows victims to hold negligent companies responsible for their actions. Albany asbestos lawsuit ensure that victims and their families receive a fair compensation to pay for funeral expenses, lost wages and other damages. In addition to the compensation awarded by a lawsuit mesothelioma patients may also be entitled to punitive damages, which are designed to punish the defendant and discourage others from engaging in similar misconduct. 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 companies simultaneously. It is crucial that each victim receives a dedicated attorney who can offer a personalised representation, and fight for the best possible outcome. Kennedy & Associates has extensive experience in fighting for asbestos victims' rights. 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? If you've been diagnosed with mesothelioma or another asbestos-related illness having a lawsuit filed is an effective method of holding manufacturers accountable for their negligence. A successful mesothelioma claim requires evidence that you were exposed to asbestos and that exposure to asbestos was the reason for your illness. To prove your injury, your lawyer may need to look over medical records, obtain employment records, or talk with coworkers, unions, or other workers. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Hundreds of people have declared bankruptcy and put up trust funds to compensate victims. Scientists have long proven that asbestos is responsible for lung damage and illnesses. Mesothelioma lawsuits seek to recover medical expenses, lost wages, and pain and suffering. Historically, 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 cases are more likely to result in significant compensation for the victims. Asbestos lawsuits may be personal injury or claims for wrongful death. Every case is unique. It is nevertheless important to choose a reputable mesothelioma law firm that has a nationwide network of lawyers. Their expertise in asbestos litigation and mesothelioma treatment options will ensure that you receive the best possible settlement or verdict. When should I file a Lawsuit? It is crucial that the victims and their families take action promptly even though it could take some time to file a suit. The statutes of limitation vary by state, but most asbestos victims have between one and five years from the time of diagnosis or discovery to make a claim. Mesothelioma can develop 10-40 years after exposure. Many people who suffer from mesothelioma have had exposure to asbestos-containing products at different times during their lives. A lawsuit could make asbestos manufacturers accountable for their negligence and help the victims get compensation. A class action settlement allows multiple mesothelioma patients to claim 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 currently primarily filed as individual mesothelioma claims. These lawsuits are similar to class action claims, but have individual defendants. They also take an approach to litigation that is more specific. Individual cases allow victims to receive a greater level of damages. This is due to the jury hearing each victim's unique exposure history and the specific asbestos-related diseases they suffer from. The better mesothelioma lawyers understand each case, the more they can assist victims and their families receive compensation. 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 individual 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 use the material and hid the dangers from their employees. An asbestos lawsuit can be a chance to hold these companies accountable and obtain compensation to aid in the payment of costs associated with the disease. Certain asbestos companies declared bankruptcy to avoid liability However, the courts wouldn't allow them to go on. As a result, they were required to deposit money into trust funds that pay mesothelioma victims and other asbestos-related diseases. An experienced lawyer will fight for you to receive the most compensation possible in the event that you've been diagnosed with asbestos-related disease. You should be aware that victims can expect to wait an average of 18 months to receive settlement. Some cases may even go to trial. A trial is a lengthy process that can take several years, but it does have the advantage of making defendants subject to public scrutiny and providing a jury with more evidence of how you were exposed to asbestos. What is the Difference Between Settlements and Trials? Although each asbestos lawsuit is different but the majority of cases follow a similar legal process. The plaintiff, also known as the person who files the lawsuit must prove that they were exposed to asbestos 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 accomplished through many different methods, such as medical and employment documents, expert witnesses, etc. In the past asbestos victims have filed numerous cases as class actions. Class action lawsuits are a way for one person to sue on behalf of an entire group that has been similarly affected. The class is represented in court by a group of attorneys who determine the class members and submit the case to the court. However, the law has evolved and class actions are no longer a great way to help people access justice in mesothelioma cases. Mesothelioma attorneys and judges have pointed out that a single case does not always match the other cases that are part of a proposed class. It is therefore more efficient for patients of mesothelioma to file their personal injury or wrongful death claims on their own. Some individuals might also be able to file claims with trusts in bankruptcy that were established from the bankrupt asbestos companies. 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 or asbestosis, or other asbestos-related diseases you may be entitled to compensation. Contact a mesothelioma lawyer who can assist you in obtaining proof about your past asbestos exposure and determine the companies responsible. Your attorney can also help you decide whether a settlement or trial is in your best interest and work with the companies to reach an agreement. In the past, those with similar injuries would bring a class action lawsuit against asbestos producers. This helped reduce the burden on the courts. However, every situation is unique, which is why filing an action class-wide is not ideal for many victims. Regardless of what type of lawsuit you are seeking, it is important to act fast. The time limits for mesothelioma and other asbestos-related diseases vary in each state, and you need to consult with an experienced mesothelioma lawyer in order to ensure your rights are protected. Your lawyer will go over your medical records as well as your employment history to determine if you have a valid claim and a high chance of winning compensation. They can also assist you in obtaining the necessary documents from the asbestos company to support your claim. They can also explain the litigation process to you and ensure that you are informed throughout the course of your case.