Class Action Lawsuits and Mesothelioma

If you have been diagnosed with mesothelioma there are many options to seek compensation. You can file either a personal injury lawsuit or a wrongful death lawsuit if you have a loved one who died of mesothelioma.

A mesothelioma lawyer can help you choose the best solution for your situation.

The First Case

In the latter part of the 1970s and into the early 1980s, an avalanche of asbestos-related cases began to take over the New Jersey judicial system. These claims were brought by people suffering from different types of mesothelioma, asbestos diseases or other issues related to exposure to either finished or raw asbestos or products that contained asbestos. The asbestos litigation became so significant that it created an unusual legal phenomenon referred to as "mass torts."

In this sense, mass tort refers a kind of lawsuit in which many people are represented by a single attorney or law firm. The cases are filed in a wide number of courts and the plaintiffs share the same legal issues as a result of their exposure to asbestos attorneys. The volume of cases was so high that it led judges to develop special rules and schedules, procedures and protocols for handling asbestos cases.

One of the first asbestos class action cases was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw worked in a plant which spun asbestos fibers into yarn and she developed health problems due to the exposure. Kershaw asked her employer to pay for her treatments but they refused. Kershaw died at the age of 33 from fibrosis of the lungs that was directly caused by the inhalation of asbestos particles.

Many companies that mined asbestos, made asbestos-containing products, and attempted to conceal their dangers. By the 1960s and 70s medical journals and news media began to make connections between asbestos and diseases like mesothelioma. The information about asbestos lawsuits's dangers was so widespread that it became impossible for executives of companies to keep the information from being kept secret.

Attorneys representing asbestos victims also uncovered evidence that asbestos companies and manufacturers conspired to cover up asbestos' dangers. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville discovered that the company purposely covered up asbestos' dangers in order to safeguard its profits.

The Third Case

New Jersey courts were inundated with asbestos-related lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judicial systems and led to efforts to streamline litigation through class action suits. The difficulty of each victim's specific ailments and exposure has proven to be the greatest obstacle to claims for class action.

The court's decision about the dollar amount an individual plaintiff receives for their asbestos-related injuries is contingent on a variety of factors. The severity of the mesothelioma diagnosis, the cost of treatment and the degree of suffering are all factors that can be taken into consideration. Victims who have had an even more severe diagnosis, such as those with pleural plaques or mesothelioma, typically require substantial compensation to cover a variety of financial costs, including lost wages and ongoing healthcare costs.

Individuals with asbestos-related diseases like mesothelioma may require money from the settlement to pay for expensive treatment, hospitalizations, home care, or funeral expenses. They may also need to find future income to make up for the loss of income due to their illness. A cash award can help victims and their families have peace of mind knowing that the company responsible is accountable.

Although there have been a number of successful mesothelioma group actions, it's usually more effective for victims to pursue individual lawsuits. The individuality of each asbestos lawyer exposure case as well as the differing characteristics between different mesothelioma diagnoses means that a class action cannot effectively represent all victims' interests in a fair manner.

In the end, individual 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 lawsuit could offer.

A mesothelioma attorney can help victims and families seek justice by filing a lawsuit or VA benefit claim. A lawyer can also assist veterans find access to top mesothelioma doctors and other resources that could make the difference in their treatment outcomes. Start your legal journey today by requesting no-cost consultation with an attorney.

The Fourth Case

The Borel case, and others similar to it have helped establish the strict liability of asbestos manufacturers. However, many victims did not live to see the verdicts and settlements. Instead, their families were left with funeral costs and medical bills, as well as the loss of companionship. It is crucial to work with mesothelioma attorneys who have expertise in these kinds of cases.

Asbestos lawsuits must be filed within the statute of limitations. This is a period that varies by state and begins when the victim first suffered an asbestos-related injury or illness. It is essential to speak with mesothelioma attorneys who will determine the ideal time frame for filing an action.

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 litigation process is a bit complicated, and people should be prepared to go through it. The mesothelioma lawyers will be with their clients at throughout the entire process to ensure that they receive the amount they deserve.

Asbestos lawyers must understand the science behind mesothelioma as well as other asbestos-related diseases. They must be able to construct strong cases by analyzing the evidence in each case. This information can be gleaned from medical records or workplace records.

A mesothelioma lawyer must be able to read the law. They must be competent in explaining legal concepts in a way that is simple for those with no knowledge of the law to understand. Mesothelioma lawyers should also be able to connect their clients to experts who can give them information about the specifics of their asbestos-related illnesses.

Mesothelioma lawyers must be familiar with the asbestos litigation process and the statute of limitations for each state. They should be able to assist clients in bringing a lawsuit before the appropriate court. Ultimately, the mesothelioma lawyers need to be capable of holding accountable the negligent asbestos manufacturers and get the victims the justice they deserve. Contact an asbestos law firm for a free consultation today.