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Asbestos Class Action Litigation Asbestos suits can offer compensation to victims and their families. Anyone who has been exposed to asbestos and developed a mesothelioma, lung cancer, or other asbestos-related diseases can start a class or individual action lawsuit. Your attorney will have to submit medical bills, employment records, and other documents as part of the litigation process. You may also need to be present during depositions. Why Asbestos Illnesses? Asbestos, a cancer-causing substance was once widely used in commercial and building projects. When asbestos-containing materials break down, tiny fibers are released into the air, and are inhaled by everyone who is in the vicinity. In time they can cause serious and life-threatening illnesses like asbestosis, mesothelioma and plaques in the pleural region. Mesothelioma is a fatal type of lung cancer triggered by exposure to asbestos fibers. The disease can take years to develop. Mesothelioma symptoms include chest pain, persistent coughing, and difficulty breathing. An experienced lawyer can assist victims and their families receive compensation from asbestos-related companies for past and future medical expenses, lost wages and other damages. A mesothelioma case can also provide punitive damages in order to punish defendants who have acted recklessly. Although every asbestos claim is different however the basic elements are the same. Every victim must prove that they were exposed, that they have a diagnosis of a disease that is linked to the asbestos exposure, and that compensation is due. Why Seek Justice for Asbestos Illnesses? Mesothelioma and asbestos-related diseases as well as other diseases can be crippling. Victims require compensation to cover their treatment. Many companies who used, distributed or produced asbestos exposed their employees to the dangerous substance. Victims deserve justice. A mesothelioma suit permits victims to hold negligent companies responsible for their actions. Milwaukee asbestos lawsuits ensure that victims and their families are paid for funeral costs and lost wages. In addition to the money that is awarded in a lawsuit victims of mesothelioma could be eligible for punitive damages that is intended to penalize the defendant and discourage others from engaging similar conduct. These damages are not mandatory but may be awarded by the judge at his discretion. A class action lawsuit is a convenient method of filing a claim against multiple negligent asbestos-related companies simultaneously. It is crucial that each victim receives an experienced attorney who can provide individualized representation and fight for the most favorable outcome. Kennedy & Associates has extensive experience fighting for the rights of asbestos victims. Contact us today to find out more about our services. We can help you receive the compensation you deserve. What is Asbestos Litigation? Filing a lawsuit after being diagnosed with mesothelioma or another asbestos-related illness is an excellent method of holding the manufacturers accountable for their wrongful actions. A successful mesothelioma lawsuit requires proof that you were exposed to asbestos and that exposure was the cause of your condition. Your lawyer might need to obtain employment records, speak with unions or coworkers, and review medical records to prove that you suffered an injury. Asbestos litigation has been going on for decades in the United States. Dozens have declared bankruptcy and put trust funds to pay victims. Scientists have been aware for many years that asbestos can cause lung diseases and damage. Mesothelioma lawsuits seek compensation for victims of medical expenses, lost wages and suffering and pain. In the past mesothelioma lawsuits had been filed as class actions. It was believed that a single suit would be fair to victims. However nowadays, it is recognized that individual mesothelioma cases are more likely to result in significant settlements for victims. Asbestos lawsuits may be personal injury or wrongful death claims. Each case is unique. It is crucial to partner with a mesothelioma attorney firm that has a nationwide network of lawyers. Their knowledge of asbestos litigation, as well as mesothelioma treatment options can help you get the most favorable settlement or verdict. When should I file a Lawsuit? It is essential that victims and their families act as fast as they can, even though it may take a while to file a lawsuit. The statutes of limitations vary from state to state, however for the majority of asbestos victims, they are allowed between one and five years from diagnosis or discovery before they are able to make a claim. Mesothelioma can manifest from 10 to 40 years after exposure, and many patients with mesothelioma have been exposed to various asbestos products at various times in their lives. A lawsuit could hold asbestos manufacturers accountable for their negligence and help compensate victims. A class action settlement is a way for multiple mesothelioma patients to seek compensation from the same company. The U.S. Supreme Court ruled, however, that companies should not settle with class members prior to their diagnosis of asbestos-related diseases. Asbestos claims are primarily filed today as individual mesothelioma lawsuits. These lawsuits are similar to class action lawsuits however they have separate defendants and a more targeted approach to litigation. Individual cases permit victims to be awarded a higher amount of damages. This is because the jury hears every victim's individual exposure history and their specific asbestos-related ailments. The more mesothelioma lawyers are aware of each case in its own way, the better they can ensure compensation for victims and their families. How Do I Know whether I have a case? Each asbestos case is unique and has its own features. A mesothelioma lawyer with experience will conduct a thorough investigation into your individual exposure history symptoms, medical records and more to determine the potential strength of your case. They will also go through documents from the company and conduct depositions, if needed, to collect additional details. Many manufacturers of asbestos products were aware of the dangers of the material however they continued to use the material and concealed these dangers from their employees. A lawsuit against asbestos-related companies is an effective way to hold them accountable and get compensation for the costs that are incurred due to the disease. Some asbestos companies were able stay out of liability by declaring bankruptcy, but the courts were not going to allow them to do it. In the end, they were forced to deposit money into trust funds that pay mesothelioma victims and other asbestos-related diseases. If you have been diagnosed with an asbestos-related illness, an experienced attorney will ensure you receive the highest settlement that is possible. However, it is important to understand that it can take eighteen months for victims to receive a settlement, and a few cases could go to trial before being settled. A trial can be a lengthy process that can take years. However, it exposes defendants to the public and provides a jury with additional evidence about the asbestos exposure you have suffered. What is the Difference Between Settlements and Trials? While each asbestos lawsuit is distinct but most follow the same legal procedures. The plaintiff, also known as the person who files the suit, must prove that they were exposed and developed an asbestos-related illness. They must also show that the company responsible for the exposure was responsible for the exposure. This can be accomplished through a variety means including documents regarding employment and medical documents, expert witnesses, etc. Traditionally, many asbestos cases were filed as class action lawsuits. Class action lawsuits provide a means for one person to sue on behalf of a group that has been similarly affected. The class is represented in court by a group of attorneys who determine the members of the class and present the case to the court. The law has changed, and class actions cannot longer help people get justice in mesothelioma claims. Mesothelioma attorneys and judges have noted that a single case does not always look like the other cases that are part of the proposed class. It is therefore more efficient for victims of mesothelioma to file their personal injury or wrongful-death claims individually. Certain individuals may be able to file claims through bankruptcy trusts created by the bankrupt asbestos firms. 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've been diagnosed with mesothelioma, asbestosis or other asbestos-related diseases, you may be entitled to compensation. Consult a mesothelioma attorney who can assist you in gathering evidence of your previous asbestos exposure and identify the responsible companies. Your lawyer can tell you whether a trial or settling is best for you and work with companies to reach a resolution. In the past, victims who had similar injuries would bring class action lawsuits against asbestos companies. This reduced the burden on the courts. However, each person's case is unique, so filing a class action lawsuit is not a good idea for all victims. It is essential to act fast, regardless of the type of lawsuit that you are seeking. The time limits for mesothelioma as well as other asbestos-related diseases varies by state, so you should consult an experienced mesothelioma lawyer to defend your rights. Your attorney will examine your medical records and employment background to determine if you have a compelling case and a chance of receiving compensation. They can assist you in obtaining any documents required by the asbestos company in order to demonstrate your claim. Moreover, they can explain the process of litigation and make sure you are well-informed throughout your case.