Class Action Lawsuits and Mesothelioma
There are a myriad of ways to get compensation if you have been diagnosed as having mesothelioma. You can file either an individual injury lawsuit or a wrongful-death lawsuit if you have loved ones who have died of mesothelioma.
A mesothelioma attorney can help you decide on the best choice for your specific situation.
The First Case
In the late 1970s and early 1980s, a flood of asbestos-related cases began to take over the New Jersey judicial system. These lawsuits were filed on behalf of those who were suffering from mesothelioma and other asbestos-related diseases, or from complications relating to exposure to raw or finished asbestos products or asbestos. The asbestos litigation became so important that it led to an uncommon legal phenomenon known as "mass torts."
In this context mass tort refers to a type lawsuit in which a large group of people is represented by one lawyer or law firm. Plaintiffs face similar legal issues due to their exposure to asbestos. The cases are filed in various courts. The amount of asbestos cases so high that judges had to develop specific rules, procedures, and schedules.
Nellie Kershaw, factory worker from Rochdale in England was the one who filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She suffered health issues as a result. She asked her employer to pay for her medical treatments, but the company refused. Kershaw died in her 30s from fibrosis, a condition caused by asbestos particles.
Many companies that mined, manufactured or used asbestos and asbestos-containing products attempted to hide the dangers of these dangerous substances. In the 1960s and 1970s, medical journals and news magazines began to draw connections between asbestos and diseases like mesothelioma. Asbestos dangers were so widely recognized that executives of companies could not keep it a secret.
Additionally, lawyers representing asbestos victims discovered evidence of the collaboration between asbestos manufacturers and asbestos companies to conceal asbestos's dangers. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company deliberately kept asbestos's dangers a secret in order to protect its profits.
The Third Case
In the latter part of the 1970s and into the early 1980s, an avalanche of asbestos-related lawsuits began to inundate 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 unique vulnerability and symptoms have proved to be the most significant obstacle to successful class action claims.
The amount a court will award a plaintiff for their asbestos injury is determined by dozens of factors. This includes the severity of a person's mesothelioma diagnosis, the expense of medical treatments, as well as the degree of their suffering. Victims who have suffered an even more severe diagnosis, such as those with pleural plaques or mesothelioma are often required to pay substantial compensation to cover a variety of financial costs, including lost wages and ongoing healthcare costs.
People suffering from asbestos-related illnesses like mesothelioma might require funds from the settlement to pay for expensive treatment, hospitalizations as well as home care or funeral costs. They may also be required to get future earnings to make up for the income they lost due to their illness. A financial award can help a victim and their family members feel at ease, knowing that the company responsible for their asbestos exposure has been held accountable for their harm.
Despite the fact that there have been numerous instances of mesothelioma-related class actions that have been successful, victims are often better to file individual lawsuits. A class action can't represent the interests of all victims in a fair way due to the individuality of each asbestos exposure and different mesothelioma types.
As as a result, asbestos sufferers are more likely to pursue individual lawsuits than they are to file a class action claim. These lawsuits have been found to provide victims more compensation than class actions.
An experienced mesothelioma lawyer can assist victims and their families pursue justice through filing a personal lawsuit or VA benefits claim. A lawyer can also help veterans access top mesothelioma specialists and other resources that could help them improve their treatment results. Begin your legal journey today by requesting a a free consultation with an attorney.
The Fourth Case
The Borel case and other similar to it have helped establish strict liability for asbestos manufacturers. However, many victims were not alive to witness the verdicts and settlements. Their families were left to pay funeral costs, medical bills and lost companionship. It is essential to work with mesothelioma lawyers who have experience in these types of cases.
Asbestos lawsuits must be filed before the statute of limitations expires. This is a time frame that varies by state and starts when the victim first was injured by asbestos or suffered an illness. It is essential to speak with mesothelioma attorneys who can help you determine the most suitable time to file a lawsuit.
A New York mesothelioma lawyer can aid victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. The process of suing can be complicated, so those individuals should be ready to go through it. Mesothelioma lawyers are at their clients' side throughout the entire process to ensure that they receive the compensation that they deserve.
Asbestos lawyers must be acquainted with the research behind mesothelioma, asbestosis, and other asbestos-related diseases. They should also be able to build strong cases based on the evidence of each case. This could include information gathered from medical records, workplace reports, and other sources.
A mesothelioma attorney should be able to comprehend the law. They must be capable of explaining legal concepts in a manner that is easy for people with no knowledge of the law to understand. Mesothelioma lawyers should also be able connect their clients with experts who can give them insight into the details of their asbestos-related ailments.
The mesothelioma lawyers should be knowledgeable about the asbestos litigation process and the statute of limitations for every state. They should also be able to assist their clients to file a lawsuit in the appropriate court. The mesothelioma lawyers need to be capable of holding negligent asbestos manufacturers accountable and provide the victims with lawsuit asbestos the justice they need. Contact a reputable asbestos law firm today to get a no-cost consultation.