Class Action Lawsuits and Mesothelioma
If you've been diagnosed with mesothelioma there are several ways you can get compensation. You can file a personal injury lawsuit or a wrongful-death suit in the case of a loved one who died of mesothelioma.
A mesothelioma lawyer can help you decide on the best choice for your specific situation.
The First Case
In the latter part of the 1970s until the early 1980s, a flood of asbestos-related cases began to overtake the New Jersey judiciary system. These lawsuits were filed on behalf of individuals who suffered from mesothelioma or other asbestos diseases, or from complications relating to exposure to finished or raw asbestos products or asbestos. The asbestos lawsuit grew so significant that it created an unusual legal phenomenon referred to as "mass torts."
In this context mass tort is a kind of lawsuit in which a large group of people are represented by a single attorney or law firm. The plaintiffs are faced with similar legal problems due to their exposure to asbestos. Cases are filed in a variety of courts. The number of cases filed was so large that it prompted judges to develop specialized rules and schedules, procedures and protocols to manage asbestos cases.
Nellie Kershaw, a factory worker from Rochdale in England, filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers while working in a factory. She was diagnosed with health issues due to the exposure. Her employer asked her to pay for her treatment, however, the company declined. Kershaw died in her 33s from fibrosis, which was caused by asbestos particles.
Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and tried to conceal the dangers. But by the 1960s and 1970s the links between asbestos and illnesses like mesothelioma were becoming well-known in medical journals and major news publications. Asbestos ' dangers were so widely acknowledged that business executives could not keep it a secret.
Attorneys representing asbestos victims have also uncovered evidence that asbestos companies and manufacturers conspired to hide asbestos' 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 knew about asbestos's dangers to ensure their profits.
The Third Case
In the late 1970s and early 1980s, an avalanche of lawsuits filed by asbestos victims began to flood New Jersey courts. These cases overwhelmed the judiciary, leading to attempts at streamlining litigation through class action lawsuits. The difficulty of each victim's specific symptoms and exposure has proven to be the greatest obstacle to class action claims.
The amount a court will give a plaintiff in compensation for their asbestos injury is determined by a myriad of factors. These include the severity of a mesothelioma diagnosis, the expense of medical treatments, as well as the severity of their suffering. Victims who have had a more serious diagnosis, like those with pleural plaques or mesothelioma, often require significant compensation to cover a wide range of financial expenses, including lost wages and ongoing healthcare costs.
Patients diagnosed with mesothelioma or other asbestos-related diseases require money from their settlement or jury award to cover expensive hospitalizations, treatments and in-home medical care, as well as funeral costs. They may also need to find future income to replace their lost income due to their illness. A monetary award may aid victims and their families find peace of mind knowing that the responsible company is accountable.
Despite the fact that there have been a variety of successful mesothelioma class actions however, patients are usually better in pursuing individual lawsuits. The distinct nature of each asbestos exposure case as well as the differing characteristics between different mesothelioma diagnoses means that a class action cannot effectively represent all the victims' interests in a fair and equitable manner.
Consequently, individualized lawsuits are now more common than class action claims for asbestos victims. In fact the lawsuits have been found to offer victims greater compensation than a class action could provide.
An experienced mesothelioma lawyer can assist families of victims seek justice through filing a personal lawsuit or VA benefits claim. An attorney can assist veterans connect with top mesothelioma specialists and other resources to enhance their treatment outcomes. Contact us today for a no-cost consultation to get started on your legal journey.
The Fourth Case
The Borel case, and other similar cases, helped establish strict liability of asbestos manufacturers. Many victims passed away before they could receive the settlements and verdicts. Instead their families were left with funeral expenses as well as medical bills and the loss of companionship. It is important to find a mesothelioma lawyer who has asbestos lawsuit settlement expertise in these kinds of cases.
Asbestos suits must be filed before the statute of limitation expires. This time period varies from state to state, and begins when the victim suffered their first asbestos-related illness or injury. It is essential to speak with mesothelioma attorneys who can determine the best time to file an action.
A New York mesothelioma lawyer can aid victims in filing an individual claim against the businesses that are responsible for their exposure to asbestos. The process of suing is a bit complicated, and people should be prepared to go through it. However, the mesothelioma attorneys can be by their client's side every step of the way to ensure they receive the compensation they deserve.
Asbestos lawyers must understand the science behind mesothelioma as well as other asbestos-related diseases. They should be able to build strong arguments based on the evidence presented in each case. This can be done by analyzing information from medical records, work reports and other sources.
A mesothelioma lawyer needs to know how to read the law. They should be able to explain legal concepts to people who have limited knowledge of the law. Additionally, mesothelioma lawyers should be capable of connecting their clients with experts who are able to give insight into the intricate details of their asbestos-related illnesses.
The asbestos litigation process in every state and the statutes of limitations should be well-known to the mesothelioma lawyers. They should also be able to assist their clients to file an appropriate lawsuit in the right court. The mesothelioma lawyers must be in a position to hold negligent asbestos manufacturers accountable and get the victims the justice they need. Contact an asbestos law firm for a no-cost consultation today.