Class Action Lawsuits and Mesothelioma

There are a myriad of options to seek compensation if diagnosed as having mesothelioma. You can make a personal injury claim or, if a loved one has died from mesothelioma, you may make a wrongful death claim.

A mesothelioma lawyer can help you decide which option is best for you.

The First Case

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

In this sense mass tort refers to a type of lawsuit where an entire group of people are represented by a single lawyer or law firm. The cases are filed in a vast number of different courts, and the plaintiffs face similar legal issues due to their common exposure to asbestos lawsuit. The number of cases filed was so high that it led judges to develop specialized rules and schedules, procedures and protocols to handle asbestos cases.

Nellie Kershaw, factory worker from Rochdale in England, filed one of the first asbestos class action lawsuits in 1924. Kershaw was employed in a factory that made asbestos fibers into yarn and she suffered health issues as a result of her exposure. She asked her employer to pay for her treatment, however, the company declined. Kershaw died in her 33s due to fibrosis. It was caused by asbestos particles.

Many companies that mined, produced or used asbestos or asbestos-containing products attempted to hide the dangers of these dangerous substances. By the 1960s and 70s medical journals and news publications began to make connections between asbestos and illnesses like mesothelioma. Asbestos dangers were so widely recognized that executives of companies could not keep it a secret.

Attorneys representing asbestos victims have also uncovered evidence that asbestos companies and manufacturers conspired to conceal asbestos' dangers. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville were discovered and revealed that the company had knowingly concealed asbestos' dangers to ensure their profits.

The Third Case

In the late 1970s and in the early 1980s, an avalanche of asbestos lawsuits began to overflow New Jersey courts. These cases overwhelmed the judicial systems and led to efforts to streamline litigation using class action suits. However, the complexity of each victim's individual circumstances and symptoms have proven to be the most significant obstacle to the success of class action lawsuits.

The court's decision about the dollar amount a plaintiff receives for their asbestos-related injury is based on numerous factors. The severity of mesothelioma diagnosis, cost of treatment and the degree of suffering are all elements that are taken into consideration. Victims who have had a more severe diagnosis, such as those suffering from pleural plaques or mesothelioma, often require significant compensation to cover a variety of financial costs, including lost wages and ongoing healthcare costs.

People who are diagnosed with mesothelioma and other asbestos-related illnesses require funds from their settlement or jury award to pay for expensive treatments, hospitalizations and in-home medical care, as well as funeral expenses. They may also need to secure future earnings to replace their lost income due to their disease. A monetary award may help victims and their families have peace of mind knowing that the company responsible is accountable.

Although there have been numerous successful mesothelioma-related class actions, it is often more beneficial for victims to file individual lawsuits. The distinct nature of each asbestos attorneys exposure case and the different characteristics between different mesothelioma diagnoses mean that a class-action lawsuit will not effectively represent all victims' rights in a fair manner.

As a result, asbestos victims are more likely to make individual lawsuits than are to file class action claims. These lawsuits have been found to provide victims more compensation than class actions.

An experienced mesothelioma attorney can help victims and their families pursue justice by filing a lawsuit on their own or VA benefits claim. A lawyer can also help veterans get access to the top mesothelioma doctors and other resources that can make the difference in their treatment results. Request a free consultation today to begin your legal journey.

The Fourth Case

The Borel case and the others similar to it have helped establish the legal liability of asbestos manufacturers. Many victims passed away before they could receive 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 law firm with experience in these claims.

Asbestos lawsuits must be filed within the statute of limitations. The time frame varies from state to state, and begins at the moment that the victim was diagnosed with their first asbestos-related injury or illness. It is important to consult with a mesothelioma lawyer who can determine the best time frame for filing a lawsuit.

A New York mesothelioma attorney can assist victims to file a claim against the businesses responsible for their asbestos exposure. Individuals who suffer from asbestos should be prepared for the process of litigation, as it can be complex. However, the mesothelioma attorneys are by their clients' side every step of the way to make sure they get the compensation they are entitled to.

Asbestos lawyers need to be aware of the science of mesothelioma and other asbestos-related illnesses. They must be able to construct solid arguments using the evidence that is presented in every case. This information can be gleaned from medical records and workplace history.

A mesothelioma attorney must be able to comprehend the law. They should also be able to explain legal concepts in a way that is easy for people with limited knowledge of the law to understand. In addition mesothelioma lawyers should be in a position to connect their clients to experts who can provide information on the complicated details of their asbestos-related illnesses.

The mesothelioma lawyers should be aware of the asbestos litigation process as well as the statute of limitations for each state. They must also be able to assist their clients in filing a lawsuit in the appropriate court. The mesothelioma lawyers must be capable, at the end of the day to ensure that negligent asbestos producers are held accountable and get victims the justice they deserve. Contact an asbestos law firm for a no-cost consultation today.