Class Action Lawsuits and Mesothelioma
If you've been diagnosed with mesothelioma, there are a variety of options to seek compensation. You can file a personal injury lawsuit or, if a loved one has passed away from mesothelioma, you can file a wrongful death lawsuit.
A mesothelioma lawyer can help you decide on the best choice 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 by people suffering from various types of mesothelioma, asbestos-related diseases, or other issues related to exposure to finished or raw asbestos or products that contained asbestos. The asbestos litigation was so significant that it led to an uncommon legal phenomenon known as "mass torts."
In this context the term "mass tort" refers to a type of lawsuit in which a large number of people are represented by a single lawyer or law firm. The plaintiffs have similar legal problems due to their asbestos exposure. The cases are filed in various courts. The number of cases filed was so huge that judges were compelled to develop special rules and procedures, as well as schedules to manage asbestos cases.
One of the first well-known asbestos class action cases was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw worked in a factory which spun asbestos fibers into yarn and she suffered health issues due to her exposure. Her employer was able to pay for her treatments however, the company declined. Kershaw died at the age of 33 from lung fibrosis that was directly caused by the exposure to asbestos particles.
Many companies that mined, produced or used asbestos and asbestos-containing products attempted to hide the dangers of these deadly substances. By the 1960s and 70s, medical journals and news media began to draw connections between asbestos and diseases such as mesothelioma. The information about asbestos's dangers was so widespread that it became impossible for executives of companies to keep the information a secret.
Attorneys representing asbestos victims also discovered evidence that asbestos firms and manufacturers conspired to conceal asbestos' dangers. For instance, the personal papers of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville, were discovered that revealed that the company knew about asbestos's dangers to ensure their profits.
The Third Case
In the latter part of the 1970s and into the early 1980s, a flurry of asbestos-related lawsuits began to overflow New Jersey courts. These cases overwhelmed the judicial systems and led to efforts to streamline litigation by utilizing class action suits. However, the complexity of each victim's unique circumstances and symptoms have proven to be the most significant obstacle to the success of class action lawsuits.
A court's determination of the amount of money a plaintiff receives for their asbestos-related injury is based on numerous factors. The severity of the mesothelioma diagnosis, the cost of treatment, as well as the level of suffering are all elements that are considered. Patients with a more serious diagnosis, such as mesothelioma or pleural plaques, require significant compensation in order to cover their financial expenses. This includes the loss of wages and ongoing expenses.
People suffering from asbestos-related illnesses such as mesothelioma may need money from their settlement to pay for expensive hospitalizations, treatment as well as home care or funeral costs. They may also be required to secure future earnings in order to replace the income they lost due to their disease. A financial award could help the victim and their family find peace of mind in knowing that the company responsible for their asbestos exposure has been held accountable for the harm they caused.
Although there have been numerous successful mesothelioma-related class actions, it's usually more beneficial for victims to pursue individual lawsuits. The unique nature of each asbestos exposure case and the different characteristics between different mesothelioma diagnoses means that a class action cannot effectively represent all the victims' interests in a fair way.
Therefore, Bellingham asbestos attorneys have become more common than claims based on class action for asbestos victims. In fact the lawsuits have been found to offer victims greater compensation than a class action would provide.
An experienced mesothelioma lawyer can help victims and their families pursue justice through filing a personal lawsuit or VA benefits claim. An attorney can assist veterans access top mesothelioma physicians and other resources to enhance their treatment outcomes. Start your legal journey today by scheduling a an initial consultation with an attorney.
The Fourth Case
The Borel case and the others similar to it have helped establish the strict liability of asbestos producers. Many victims died before they were able to see the settlements and verdicts. Instead, their families were left with funeral costs, medical bills, and the loss of companionship. This is why it's crucial to work closely with a mesothelioma attorney that has experience in these claims.
Asbestos lawsuits must be filed before the statute of limitation expires. This is a period that varies from state to state and begins when the victim first suffered an asbestos-related injury or illness. It is recommended that individuals consult an attorney who specializes in mesothelioma claims and can help them determine the most appropriate timeframe to file lawsuit.
A New York mesothelioma lawyer can assist victims in filing an individual claim against the businesses that are responsible for their exposure to asbestos. Individuals who suffer from asbestos should be prepared to go through the legal process, since it is often a complicated process. However, mesothelioma lawyers can be by their client's side every step of the way to make sure they get the compensation they deserve.
Asbestos lawyers must be knowledgeable about the science behind mesothelioma and other asbestos-related illnesses. They should be able to construct strong arguments using the evidence from each case. This information can be gleaned from medical records or workplace history.
A mesothelioma lawyer needs to know how to read the law. They must be able to explain legal concepts to people who have no knowledge of law. Additionally, mesothelioma lawyers should be in a position to connect their clients with experts who are able to provide insight into the complex details of their asbestos-related injuries.
Mesothelioma lawyers must be aware of the asbestos litigation process and the statute of limitations in every state. They should be able assist their clients in bringing a lawsuit before the appropriate court. The mesothelioma lawyers must be capable, at the end of the day, to hold negligent asbestos producers accountable and get victims the justice they need. Contact an asbestos law firm for a free consultation today.