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Asbestos Class Action Litigation Asbestos lawsuits may provide compensation to families of victims. Anyone who has been exposed to asbestos and later developed mesothelioma, lung cancer or another asbestos-related disease, can bring a class action or individual lawsuit. Your attorney will need to submit medical bills, employment records, and other documents as part of the litigation process. You may be required to be present for depositions. Why Asbestos Illnesses? Asbestos is a hazard cancer-causing material that was once used extensively in commercial and building projects. When asbestos-containing materials break down, tiny fibers are released into the air, where they can be inhaled by any who is in the vicinity. These fibers can cause serious and life-threatening diseases like asbestosis and mesothelioma. Mesothelioma, a lethal form of lung cancer is caused by asbestos fibers. The disease can take years to develop. Mesothelioma symptoms include chest pain, constant coughing, and difficulty breathing. An experienced attorney can assist victims and their families in obtaining compensation from asbestos-related companies to pay past and future medical costs as well as lost wages and other damages. A mesothelioma lawsuit can also award punitive damages to punish defendants who have been reckless. The basic elements of each asbestos claim are the same, even though each case is distinct. Each victim must prove that they were exposed to asbestos, suffer from a medical condition that is caused by exposure and that they have the right to compensation. Why should we seek justice for asbestos-related diseases? Mesothelioma, asbestos-related illnesses and other illnesses can be debilitating. Victims require compensation to cover the cost of their treatment. Many companies who employed, distributed or manufactured asbestos exposed their workers to the harmful substance. Victims deserve justice. A mesothelioma lawsuit allows victims to hold negligent companies accountable for their actions. The lawsuits also guarantee that victims and their families receive a fair compensation to pay for funeral costs, lost wages and other damages. In Bellingham asbestos attorneys to the compensation that a lawsuit awards, mesothelioma victims may be entitled to punitive damages, which are intended to punish the defendant and prevent others from engaging in similar conduct. These damages aren't mandatory however they can be granted by the judge at his discretion. A class action lawsuit is a practical method to file an action against a number of negligent asbestos-related companies simultaneously. However, it is essential that each victim has an experienced lawyer who can provide personalized representation and fight for the most favorable outcome. The attorneys at Kennedy & Associates have extensive experience fighting for the rights of asbestos victims. Contact us to learn more about the services we provide. We can help you receive the compensation you deserve. What is Asbestos Litigation? When you have been diagnosed with mesothelioma or another asbestos illness and you want to file a lawsuit, it is a great way to hold manufacturers responsible for their negligence. A successful mesothelioma lawsuit requires evidence that you were exposed to asbestos and that exposure caused the illness. Your lawyer might need to obtain employment records, speak with unions or coworkers, and look over medical documents to prove your injuries. Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Dozens have declared bankruptcy and set up trust funds to compensate victims. Scientists have been aware for an extended time asbestos is a major cause of lung diseases and damages. Mesothelioma suits seek to compensate medical expenses, lost wages, and pain 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 acknowledged that mesothelioma cases that are handled individually are more likely than not to lead to substantial compensation. Asbestos lawsuits may be personal injury or claims for wrongful death. Each case is different. It is crucial to collaborate with a mesothelioma lawyer firm with a nationwide network of lawyers. Their expertise in asbestos cases and mesothelioma treatment options will ensure that you receive the most effective settlement or verdict. When should I file a Lawsuit? While it can take time to file a lawsuit, it is essential for victims and their families to take action as soon as they can. The statutes of limitations vary by state, but generally asbestos victims are given one to five years from diagnosis or discovery to start a claim. Mesothelioma may develop 10 to 40 years after exposure. Many people who suffer from mesothelioma have had exposure to asbestos products at different dates throughout their lives. A lawsuit could hold asbestos manufacturers accountable for their wrongful conduct and help compensate victims. A class action settlement provides a means for multiple mesothelioma patients to pursue compensation from the same company. However, the U.S. Supreme Court has ruled that it is inappropriate for companies to settle with class members before they are diagnosed with an asbestos-related condition. Asbestos lawsuits are typically filed as individual mesothelioma cases. These lawsuits are similar in nature to class action lawsuits, but have defendants who are individuals. They also take a more focused litigation approach. Individual cases allow victims to be awarded higher damages. This is because the jury considers every victim's individual exposure history and the specific asbestos-related diseases they suffer from. The more mesothelioma attorneys understand each case in its own way the better they will be able to secure compensation for the victims and their loved ones. How can I tell if I have a case? Each asbestos case is unique. An experienced mesothelioma lawyer will conduct an extensive investigation into your personal exposure history symptoms, medical records and more to determine the strength of your case. They will also review documents from the company and conduct depositions if needed to gather more details. Many asbestos product manufacturers were aware of the dangers, but continued to employ the material and conceal the risks from their employees. A lawsuit against asbestos companies is an opportunity to hold them accountable and get compensation for the costs associated with the disease. Certain asbestos companies declared bankruptcy to avoid liability However, the courts refused to let them off. They were obliged to set funds aside in trust funds for victims of mesothelioma or other asbestos-related illnesses. If you've been diagnosed with an asbestos-related disease, an experienced attorney will fight for the maximum amount of compensation that is feasible. But, it is important to know that it takes on average 18 months for victims to receive a settlement, and some cases could go to trial before they are resolved. A trial is a long 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 the extent to which you were exposed to asbestos. What is the Difference Between Settlements and Trials? Although every asbestos lawsuit is distinct but most follow the same legal procedure. The person who files the case also known as the plaintiff must prove they were exposed to asbestos and 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 through various methods that include documents regarding employment and medical documents, expert witnesses, and more. Traditionally, the majority of asbestos cases were filed as class action lawsuits. Class action lawsuits permit one person to make a claim on behalf of a group that is similarly affected. The class is represented in court by a group of attorneys who determine the class members and then submit the case to the court. However, the law has evolved and class actions are no longer a good method to assist people in obtaining justice in mesothelioma-related cases. Mesothelioma lawyers and judges have observed that a single lawsuit usually isn't sufficiently similar to other cases in the proposed class and is more effective for the victims to individually file their claims for personal injury or the wrongful death of a loved one. Some individuals may also be able claim compensation through trusts in bankruptcy that were made from asbestos-related bankruptcy 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, asbestosis or other asbestos-related diseases you could be eligible for compensation. You should contact mesothelioma lawyers who can assist you in gathering evidence about your past exposure to asbestos and determine the companies accountable. Your attorney can discuss with you whether a trial or settling is in your best interest and work with companies to come to an agreement. In the past, victims who had similar injuries would file class action lawsuits against asbestos manufacturers. This eased the burden on the courts. However, each person's case is unique, therefore the filing of an action class-wide is not ideal for many victims. No matter what kind of lawsuit you're seeking, it is important to act fast. The time limit for mesothelioma and the other asbestos-related diseases varies according to state, which is why you should consult an experienced mesothelioma lawyer to defend your rights. Your lawyer will review your medical and employment documents to ensure you have strong claims and have a great chance of winning compensation. They can assist you with obtaining all the documents required by the asbestos company to demonstrate your claim. They can also explain the litigation process and make sure you are fully informed throughout your case.