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Asbestos Class Action Litigation Asbestos lawsuits can provide compensation for families of victims. Anyone who was exposed asbestos and later developed mesothelioma, lung cancer, or other asbestos-related diseases can make an individual or a class action lawsuit. The process of litigation involves submitting medical bills as well as employment and other documents to your attorney. You may be required to attend depositions. Why Asbestos Illnesses? Asbestos, a cancer-causing substance, was once widely used in commercial and building projects. Asbestos-containing products are destroyed, releasing tiny fibers into the air. They can be inhaled. These fibers could cause life-threatening, fatal illnesses like mesothelioma or asbestosis. Mesothelioma is a fatal form 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, chest pain and apnea. An experienced lawyer can help victims and their families in recovering compensation from asbestos companies to cover past and future medical costs as well as lost wages and other damages. Additionally, a mesothelioma lawsuit can award punitive damages that aim to penalize defendants for their reckless actions. Although every asbestos claim is different however the basic elements are similar. Every victim must prove that they were exposed, that they have a diagnosis of a disease that is linked to asbestos exposure, and that they are entitled to compensation. What are the reasons to seek justice for Asbestos Diseases? Mesothelioma, asbestos-related illnesses and other diseases can be debilitating. Victims need compensation to cover their treatment. Many companies that produced or distributed asbestos knowingly exposed people to the dangerous substance and the victims are entitled to justice. A mesothelioma lawsuit allows victims to hold companies that are negligent accountable for their actions. The lawsuits guarantee that victims and their families are compensated for medical expenses, funeral costs and lost wages. In addition to the money that a lawsuit awards mesothelioma patients may also be qualified for punitive damages which are designed to punish the defendant and discourage others from engaging in similar misconduct. These damages are not required however they can be granted by the judge at his discretion. A class action lawsuit could be a simple and effective method of bringing a claim against several asbestos-related businesses that are negligent all at once. It is important that each victim receives a dedicated attorney who can provide personalized representation, and fight for the most favorable outcome. Kennedy & Associates has extensive experience in fighting for asbestos victims' rights. Contact us for more information about the services we provide. We can assist you in getting the compensation you deserve. What is Asbestos Litigation? A lawsuit filed after being diagnosed with mesothelioma or any other asbestos-related disease, is a great way to hold 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 the illness. Your lawyer may have to obtain employment records, talk with unions or coworkers, and look over medical records to prove your injury. 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 long known that asbestos can cause lung damage and diseases. Mesothelioma lawsuits seek to recover victims medical expenses, lost wages and pain and suffering. In the past, mesothelioma lawsuits were filed as class actions since it was believed that a single lawsuit could be fair to victims. It is now widely accepted that mesothelioma cases involving individuals are more likely than not to result in significant compensation. Asbestos lawsuits can be filed as personal injury claims or wrongful death cases. Each case is unique. However, it is important to work with an experienced mesothelioma lawyer firm that has a national network of attorneys. Their knowledge of asbestos litigation, as well as mesothelioma treatments options will help you obtain the best settlement or verdict. When should Minneapolis asbestos lawyer file a Lawsuit? Although it can take a while to file a lawsuit it is crucial for the family members of victims to take action as soon as possible. Statutes of limitations differ from state to state, however for most asbestos victims they have between one and five years following diagnosis or discovery before they can submit a claim. Mesothelioma may develop from 10 to 40 years after exposure. many people who have mesothelioma had exposure to different asbestos-containing products at different moments in their lives. A lawsuit can bring asbestos manufacturers to account for their negligence and help the victims get compensation. A class settlement is a method for multiple mesothelioma plaintiffs to seek compensation from the same company. However, the U.S. Supreme Court has ruled that it is inappropriate for companies to settle with class members prior to the time they are diagnosed with an asbestos-related condition. 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 specialized legal strategy. Individual cases allow victims to receive a greater level of damages. This is due to the jury hearing the individual exposure history of each victim and their specific asbestos-related ailments. The more mesothelioma lawyers know about each case, the more they can assist families of victims receive the compensation they deserve. How do I know whether I have a case? Each asbestos case is unique. An attorney for mesothelioma will look into your exposure history symptoms, exposure history, and medical records in order to determine the strength of your case. They will also look over documents from the company and conduct depositions if necessary to gather additional information. Many asbestos product manufacturers knew the dangers, yet continued to use the material and hid the risks from their employees. A lawsuit against asbestos companies is an effective way to make them accountable and obtain compensation for the costs related to the disease. Some asbestos firms were able to stay out of liability by declaring bankruptcy however, courts were not prepared to let them get away with it. This meant that they were forced to put money aside into trust funds that pay victims with mesothelioma and other asbestos-related diseases. An experienced attorney will fight to secure the most compensation possible in the event that you've been diagnosed with an asbestos-related illness. However, it is important to understand that it takes on average 18 months for victims to receive a settlement, and some cases may go to trial before they are resolved. A trial can be a long process that can take years. However it exposes defendants the public and provides a jury with additional evidence of your asbestos exposure. What is the Difference Between Settlements and Trials? While each asbestos lawsuit is distinct, most follow the same legal process. The person filing the case – called the plaintiff – must demonstrate they were exposed to asbestos and then developed an asbestos-related illness, and that the company responsible caused the exposure, and that they are entitled to compensation. This can be done through various methods including 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 a person to file a lawsuit on behalf of a group similarly affected. The class is represented in court by a team of attorneys who decide on 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 cases. Mesothelioma lawyers and judges have noticed that a single lawsuit often does not have enough similarities to other cases within the class being proposed and it is more effective for the victims to individually file their claims for personal injury or wrongful death. Some individuals may also be able to claim compensation through trusts in bankruptcy that were established from the bankrupt asbestos companies. Trust claims for funds are less prone to proof than typical lawsuits and offer victims an easier route to compensation. How Can I get help? If you were diagnosed with mesothelioma or asbestosis, or another asbestos-related disease you could be eligible for compensation. You should contact an attorney for mesothelioma who can help you gather evidence of your exposure to asbestos and identify the companies accountable. Your attorney can also discuss whether a settlement or trial is in your best interests and work with the companies to negotiate a settlement. In the past, those who suffered similar injuries were able to file class action lawsuits against asbestos producers. This helped reduce the burden on the court system. Each case is different. Therefore the filing of a lawsuit in a group isn't the best option for many victims. Whatever type of lawsuit you are seeking, it is essential to act swiftly. To protect your rights, you should consult an experienced mesothelioma attorney. Your attorney can review your medical and employment records to ensure you have strong claims and have a great chance of winning compensation. They can also assist you in obtaining the necessary documents from asbestos companies to prove your claim. They can also explain the process of litigation and ensure you are informed throughout your case.