10 Asbestos Class Action Litigation That Are Unexpected
Asbestos Class Action Litigation
Asbestos lawsuits can offer compensation to families of victims. Anyone who has been exposed to asbestos and developed mesothelioma or lung cancer, or any other asbestos-related illness, can bring a class action or individual lawsuit.
The process of bringing a lawsuit involves submitting medical bills, employment and other records to your attorney. You may need to be present for depositions.
Why Asbestos Illnesses?
Asbestos is a dangerous cancer-causing material that was once used extensively in commercial and construction projects. When asbestos-containing products break down, tiny fibers are released into the air, and are inhaled by everyone who is in the vicinity. These fibers can lead to life-threatening, fatal illnesses like asbestosis and mesothelioma.
Mesothelioma, a lethal form of lung cancer is caused by asbestos fibers. It typically takes years for patients to develop the cancer. Mesothelioma symptoms include chest pain, constant coughing and difficulty breathing.
An experienced attorney can assist victims and their families collect compensation from asbestos-related companies for future and past medical expenses, lost wages, and other damages. Additionally mesothelioma lawsuits may be awarded punitive damages, which aim to punish defendants for their reckless actions.
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 diagnosis of a disease related to the asbestos exposure, and that compensation is due.
Why do we need to seek justice for asbestos-related diseases?
Mesothelioma and asbestos-related diseases as well as other diseases can be debilitating. The victims need compensation to cover the cost of their treatment. Many companies who employed, distributed or manufactured asbestos exposed their workers to dangerous substances. Victims deserve justice.
A mesothelioma lawsuit allows victims to hold negligent companies accountable for their actions. The lawsuits guarantee that victims and their families are paid for medical expenses, funeral costs and lost wages.
In addition to the amount of money awarded in a lawsuit, mesothelioma victims may be eligible for punitive damage, which is designed to punish the defendant, and discourage others from engaging similar misconduct. These damages are not mandatory, but they can be given at the discretion of a judge.
A class action lawsuit can be a practical and effective way to bring an action against a variety of asbestos-related companies that are negligent at the same time. It is crucial that each victim has an attorney who is devoted to 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 assist you in getting the compensation you deserve.
What is Asbestos Litigation?
If you've been diagnosed with mesothelioma, or another asbestos-related disease having a lawsuit filed is an effective method of holding manufacturers accountable for their negligence. A successful mesothelioma claim requires proof that you were exposed to asbestos and that exposure caused the illness. Your lawyer might need to obtain employment records, talk with co-workers or unions, and look over medical records to prove your injury.

Asbestos litigation is the longest-running mass tort in U.S. history, spanning decades. Numerous companies have filed for bankruptcy and established trust funds to compensate victims. Scientists have long known that asbestos is responsible for lung damage and illnesses.
Mesothelioma lawsuits seek compensation for victims' medical expenses, lost wages, and pain and suffering. In the past, mesothelioma lawsuits were filed as class actions. It was believed that a single suit would be fair to victims. However nowadays, it is recognized that individual mesothelioma claims are more likely to result in substantial compensation for the victims. Asbestos lawsuits can be filed as personal injury claims or wrongful death cases. Each case is unique. However, it is important to partner with a reputable mesothelioma law firm with a nationwide network of lawyers. Their knowledge of asbestos litigation and mesothelioma treatments can assist you in obtaining the most favorable settlement or verdict.
When should I file a Lawsuit?
While it can take time to file a lawsuit it is crucial for victims and their families to act as soon as possible. The statutes of limitations differ by state, but most asbestos victims are given one to five years from the time of diagnosis or discovery to file a claim.
Mesothelioma may develop 10 to 40 years after exposure. Many patients with mesothelioma have had exposure to asbestos products at different times during their lives. A lawsuit could help compensate victims and hold asbestos producers accountable for their negligence.
A class action settlement allows multiple mesothelioma sufferers to seek compensation from the same company. The U.S. Supreme Court ruled however that companies should not settle with group members prior to their diagnosis of asbestos-related diseases.
Asbestos claims are typically filed today as mesothelioma individual lawsuits. These lawsuits are similar to class action claims, but have individual defendants. They also follow a more focused litigation approach. Individual cases allow victims to receive a greater amount of damages. This is because the jury hears every victim's individual exposure history and the specific asbestos-related diseases they suffer from. Lawrence asbestos lawsuit know about each individual case, the better they can secure compensation for victims and their families.
How Do I Tell if I Have a Case?
Every asbestos case has its own unique features. An experienced mesothelioma lawyer will conduct an extensive investigation into your individual exposure history symptoms, medical records and more to determine the quality of your case. They will also look over documents from the company and take depositions, if needed, to collect additional information.
Many asbestos product manufacturers knew the dangers but continued to use the material and hid the dangers from their employees. A lawsuit against asbestos-related companies is an opportunity to hold them accountable and get compensation for the expenses associated with the disease.
Certain asbestos companies declared bankruptcy to avoid liability, but the courts refused to let them go. They were forced to set money aside in trust funds for victims of mesothelioma or other asbestos-related illnesses.
A skilled attorney will fight to get you the most compensation possible when you've been diagnosed with asbestos-related diseases. You should be aware that asbestos-related victims are likely to wait for an average of 18 months before receiving an award. Some cases may even go to trial. A trial can be a lengthy process that takes several years. However it exposes defendants to the public and provides the jury with additional evidence about the asbestos exposure you have suffered.
What is the difference between Settlements and Trials?
Although every asbestos lawsuit is unique but the majority of cases follow a similar legal process. The plaintiff, the person who files the suit, must prove that they were exposed to asbestos and developed an asbestos-related illness. They must also prove that the company responsible for the exposure was responsible for the exposure. This can be done through many different methods, such as documents regarding employment and medical records, experts witnesses, etc.
In the past asbestos victims have filed many cases as class actions. Class action lawsuits allow one person to make a claim on behalf of a group similarly affected. The class is represented in court by a group of attorneys who decide on the class members and then submit the case to the court.
The law has changed, and class actions cannot longer help people get justice in mesothelioma lawsuits. Mesothelioma lawyers and judges have noted that a single lawsuit usually isn't sufficiently similar to other cases in the class being proposed and it is more effective for the victims to individually file their claims for personal injury or wrongful death.
Certain individuals may be able claim compensation through bankruptcy trusts created by asbestos firms that are bankrupt. 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 other asbestos-related diseases you could be qualified for compensation. It is recommended to contact an attorney for mesothelioma who can assist you in gathering evidence of your previous exposure to asbestos and determine which companies are responsible. Your attorney can discuss with you whether a trial or settling is in your best interest and work with companies to reach a resolution.
In the past, those with similar injuries would file a class action lawsuit against asbestos producers. This reduced the burden for the courts. However, each person's case is unique, therefore the filing of an action class-wide is not the best option for all victims.
It is important to act quickly regardless of the kind of lawsuit that you are seeking. The time limit for mesothelioma as well as other asbestos-related diseases varies according to state, which is why it is important to speak with an experienced mesothelioma lawyer in order to defend your rights. Your lawyer can go over your medical and employment records to ensure you have a strong case and have a great chance of winning compensation. They can assist you with obtaining all the documents required by the asbestos company in order to demonstrate your claim. Additionally, they can explain the litigation process and ensure you are informed throughout your case.