Class Action Lawsuits and Mesothelioma

If you have been diagnosed with mesothelioma there are several ways to get compensated. You can file either an individual injury lawsuit or a wrongful death lawsuit in the case of a loved one who passed away from mesothelioma.

A mesothelioma attorney can help you determine the best option for your specific situation.

The First Case

In the late 1970s through the early 1980s a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These claims were filed on behalf of those who suffered from mesothelioma or other asbestos-related illnesses, or complications due to exposure raw or finished asbestos products or asbestos. The asbestos litigation was so significant that it created an unusual legal phenomenon known as "mass torts."

In this context mass tort is a type lawsuit in which an entire group of individuals are represented by one attorney or law firm. The cases are filed in a large number of courts, and the plaintiffs face similar legal issues due to their common exposure to asbestos. The number of cases filed was so huge that it prompted judges to develop specialized rules and procedures, as well as schedules to handle asbestos lawsuit cases.

One of the first asbestos class action lawsuits was filed in 1924 by a factory worker from Rochdale, England named Nellie Kershaw. Kershaw worked in a plant that made asbestos fibers into yarn and she suffered health issues due to her exposure. Kershaw asked her employer to pay for her treatments, but the company refused. Kershaw passed away in her 33s from fibrosis, which was caused by asbestos particles.

Many companies that mined asbestos produced asbestos-containing products, and tried to hide their risks. However, by the 1960s and 1970s, the connections between asbestos and illnesses like mesothelioma were becoming widely known in medical journals as well as major news publications. The information about asbestos' dangers was so widespread that it became impossible for corporate executives to keep the information to themselves.

In addition, attorneys representing asbestos victims discovered evidence of a collusion between asbestos-related companies and manufacturers to conceal asbestos's dangers. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville was discovered that revealed that the company had knowingly concealed asbestos's dangers to protect their profits.

The Third Case

In the late 1970s and in the early 1980s, an avalanche of asbestos attorney-related lawsuits began to flood New Jersey courts. These cases overwhelmed the judiciary, leading to attempts to streamline litigation with class action lawsuits. However, the complexity of each victim's specific vulnerability and symptoms have proved to be the biggest obstacle to the success of class action lawsuits.

The amount a court will award a plaintiff for their asbestos-related injury is determined by a myriad of factors. These include the severity of a mesothelioma-related diagnosis, the cost of medical treatment, and the degree of their suffering. Victims with a more serious diagnosis, such as pleural plaques or mesothelioma require substantial compensation to pay for their financial obligations. This includes lost wages and ongoing costs.

Individuals diagnosed with mesothelioma and other asbestos illnesses need the money from their settlement or jury award to cover costly hospitalizations, expensive treatments as well as in-home care or funeral costs. They may also have to secure future earnings to replace their lost income due to their disease. A financial award could help the victim and their family find peace of mind, knowing that the company responsible for their asbestos exposure has been held accountable for the harm they caused.

While there have been several successful mesothelioma-related class actions, it is often more efficient for patients to file individual lawsuits. A class action can't represent the interests of all victims in a fair and equitable manner because of the uniqueness of each asbestos exposure and different mesothelioma diagnoses.

Therefore, individual lawsuits have become more popular than claims based on class action for asbestos victims. These lawsuits were found to give victims more compensation than class actions.

A mesothelioma attorney can help victims and families get justice through filing a lawsuit or VA benefit claim. An attorney can also help veterans get access to the top mesothelioma physicians and other resources that can enhance their treatment results. Begin your legal journey today by requesting no-cost consultation with an attorney.

The Fourth Case

The Borel case and the others similar to it helped establish the strict liability of asbestos producers. However, many of the victims didn't live to witness the verdicts and settlements. Instead their families were left with funeral expenses as well as medical bills and the loss of companionship. This is why it's important to work closely with a mesothelioma attorney with experience in these claims.

asbestos lawyers lawsuits must be filed within the timeframe of limitations. This is a period that varies by state and starts when the victim first suffered an asbestos-related injury or illness. It is important to consult with mesothelioma lawyers who will determine the ideal time frame for filing a lawsuit.

A New York mesothelioma attorney can assist victims to file an action against the businesses responsible for their asbestos exposure. Those individuals should be prepared to undergo the litigation process, as it is often a complicated process. The mesothelioma lawyers can be at their clients' side throughout the entire process to ensure that they receive the compensation they deserve.

Asbestos lawyers must be knowledgeable about the science of mesothelioma and other asbestos-related illnesses. They should be able to construct strong arguments based on the evidence of each case. This information can be gleaned from medical records and workplace histories.

A mesothelioma lawyer must be able to comprehend the law. They should be able explain legal concepts to people who have limited knowledge of the law. Additionally mesothelioma lawyers should also be capable of connecting their clients to experts who can provide insight into the complex details of their asbestos-related illnesses.

Mesothelioma lawyers must be familiar with the asbestos litigation process as well as the time limits in every state. They must also be able to help their clients file a lawsuit in the proper court. The mesothelioma attorneys must be capable, at the end of the day to make negligent asbestos producers accountable and provide victims with the justice they need. Contact an asbestos law firm for a free consultation today.