Class Action Lawsuits and Mesothelioma

There are many ways to get compensation if diagnosed with mesothelioma. You can file a personal injury suit or a wrongful-death lawsuit if you have a loved one who died of mesothelioma.

A mesothelioma lawyer can assist you determine the best option for your particular situation.

The First Case

In the latter part of the 1970s and into the early 1980s, an avalanche of asbestos-related cases began to engulf the New Jersey judicial system. These cases were brought by people suffering from various types of mesothelioma, other asbestos-related diseases, or other complications related to exposure to either finished or raw asbestos or products containing asbestos. The asbestos lawsuit grew to the point that it led to an unusual legal phenomenon referred to as "mass torts."

In this context, mass tort refers a type lawsuit in which a large group of people is represented by one attorney or law firm. The plaintiffs have similar legal issues as a result of their asbestos lawyers exposure. Cases are filed in a variety of courts. The case load was so high that it led judges to develop specialized rules, procedures and schedules to manage asbestos cases.

Nellie Kershaw, a factory worker from Rochdale in England was the one who filed one of the first asbestos class action lawsuits in 1924. Kershaw was employed in a factory that spun asbestos fibers into yarn and she suffered health issues as a result of the exposure. Her employer was able to pay for her medical treatments but they refused. Kershaw died at the age of 33 from lung fibrosis that was directly caused by the inhalation of asbestos particles.

Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and tried to conceal their dangers. By the 1960s and 70s, medical journals and news media began to make connections between asbestos and diseases such as mesothelioma. The information on asbestos's dangers was so widespread that it was impossible for company executives to keep the knowledge a secret.

Lawyers representing asbestos victims also discovered evidence that asbestos firms and manufacturers conspired to cover up the dangers of asbestos attorney. For instance, the personal papers of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville was discovered that showed the company knowingly concealed asbestos' dangers to safeguard their profits.

The Third Case

New Jersey courts were inundated with asbestos lawsuits during the late 1970s and 1980s. These cases overwhelmed the judicial system which led to efforts to streamline litigation through class action suits. However, the complexity of each victim's unique vulnerability and symptoms have proved to be the biggest obstacle to a successful class action claim.

The amount a court will give a plaintiff in compensation for their asbestos-related injuries is determined by a myriad of factors. The severity of the mesothelioma diagnosis, cost of treatment, and the extent of suffering are all factors to be taken into consideration. Victims who have had an even more severe diagnosis, like those who have pleural plaques, or mesothelioma, typically require substantial compensation to cover a range of financial costs, including lost wages and ongoing healthcare costs.

People who are diagnosed with mesothelioma and other asbestos-related illnesses require money from their settlement or jury award to cover expensive treatments, hospitalizations as well as in-home care or funeral costs. They could also be required to ensure future earnings to make up for the income they lost due to their disease. A monetary award may aid the families of victims have peace of mind knowing that the company responsible has been held accountable.

Although there have been a number of successful mesothelioma-related class actions, it is usually more efficient for patients to file individual lawsuits. A class action cannot represent the interests of all victims in a fair manner due to the individuality of each asbestos exposure and distinct mesothelioma diagnosis.

As the result, asbestos victims are more likely to pursue individual lawsuits than they are to file claims in a class. These lawsuits were found to give victims more compensation than class actions.

A mesothelioma attorney can help families and victims to seek justice by filing a lawsuit or VA benefit claim. An attorney can assist veterans access top mesothelioma physicians and other resources to improve their treatment outcomes. Begin your legal journey today by requesting a an initial consultation with an attorney.

The Fourth Case

The Borel case and others similar to it helped establish strict liability for asbestos lawyer manufacturers. Many victims died before they were able to see the verdicts and settlements. Their families were left to pay funeral costs as well as medical bills and the loss of companionship. This is why it is crucial to partner with a mesothelioma law firm that has experience in these cases.

Asbestos suits must be filed before the statute of limitation expires. This is a time frame that is different for each state and begins when the victim first suffered an asbestos-related injury or illness. It is recommended that individuals consult an attorney who is specialized in mesothelioma claims and can assist them in determining the best timeframe for filing an action.

A New York mesothelioma lawyer can help victims file an individual claim against the businesses that are responsible for their exposure to asbestos. The litigation process can be complicated, so the people who are affected should be prepared to go through it. However, mesothelioma lawyers are by their clients' assistance every step of the way to ensure that they receive the compensation they deserve.

Asbestos lawyers need to be aware of the science behind mesothelioma as well as other asbestos-related illnesses. They should be able build strong cases using the evidence presented in every case. This information can be gathered from medical records and workplace history.

A mesothelioma lawyer must be able to read the law. They must be able to explain legal concepts to people who have no knowledge of the law. Mesothelioma lawyers should also be able to connect their clients to experts who can provide them with an understanding of the details of their asbestos-related injuries.

The mesothelioma attorneys should be familiar with the asbestos litigation process and the statute of limitations in each state. They should be able to assist clients in filing a lawsuit with the appropriate court. Mesothelioma lawyers should be competent, at the end, to make negligent asbestos producers accountable and get victims the justice they deserve. Contact an asbestos law firm for a no-cost consultation today.