Class Action Lawsuits and Mesothelioma
If you have been diagnosed with mesothelioma, there are several ways to get compensated. You can file a personal injury lawsuit or, if your loved ones have died due to mesothelioma you can bring a wrongful-death lawsuit.
A mesothelioma lawyer can assist you choose the option that is the best option for your particular 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 cases were brought by people suffering from different types of mesothelioma, asbestos-related diseases, or other ailments resulting from exposure to raw or finished asbestos or products that contained asbestos. The asbestos lawsuit grew to the point that it led to an unique legal phenomenon referred to as "mass torts."
In this case the term "mass tort" is a term used to describe a type of lawsuit wherein a large number of people are represented by one lawyer or law firm. The cases are filed in a wide number of different courts, and the plaintiffs face similar legal issues resulting from their common exposure to asbestos. The number of asbestos cases so large that judges had to create special rules, procedures, and schedules.
One of the first well-known asbestos class action lawsuits was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw worked in a factory that made asbestos fibers into yarn and she was diagnosed with health issues due to the exposure. Kershaw asked her employer to cover her treatment but they refused. Kershaw passed away at the age of 33 from lung fibrosis, which was directly caused by inhalation of asbestos particles.
Many companies that mined asbestos made asbestos-containing products, and tried to conceal the dangers. In the 1960s and 70s, medical journals and news publications began to make connections between asbestos and diseases like mesothelioma. The information on 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 hide the dangers of asbestos. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company deliberately concealed the dangers of asbestos to safeguard its profits.
The Third Case
In the late 1970s and early 1980s, an avalanche of lawsuits filed by asbestos victims began to overflow New Jersey courts. These cases overwhelmed the judicial systems, which led to attempts to streamline litigation using class action suits. The difficulty of each victim's specific ailments and exposure has proven to be the most significant obstacle to class action claims.
The court's decision on the dollar amount the plaintiff is awarded for their asbestos-related injuries is contingent on a variety 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 with a more serious diagnosis such as mesothelioma or pleural plaques require significant compensation in order to pay for their financial obligations. This includes lost wages and ongoing costs.
People who are diagnosed with mesothelioma and other asbestos illnesses need the funds from their settlement or jury award to pay for expensive treatments, hospitalizations, in-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 cash award can help victims and their families have peace of mind knowing that the company responsible is accountable.
Despite the fact that there have been a number of successful mesothelioma class actions, victims are often better off filing individual lawsuits. The individuality of each asbestos exposure case and the different characteristics between different mesothelioma diagnoses mean that a class action cannot effectively represent all victims' interests in a fair way.
As a result, asbestos victims are more likely to make individual lawsuits than are to file claims in a class. In fact, these lawsuits have been proven to offer victims more compensation than a class action could offer.
A mesothelioma lawyer with experience can help families of victims seek justice by filing an individual lawsuit or VA benefits claim. A lawyer can also help veterans get access to the top mesothelioma doctors and other resources that could enhance their treatment outcomes. Begin your legal journey today by requesting a no-cost consultation with an attorney.
The Fourth Case
The Borel case and the others similar to it helped establish the legal liability of asbestos manufacturers. However, many of the victims didn't live to witness the settlements and verdicts. Their families were left to pay for funeral costs, medical bills and lost companionship. This is why it is crucial to partner with a mesothelioma lawyer who has experience with these claims.
Asbestos lawsuits must be filed before the statute of limitation expires. The deadline is different from state to state and starts at the point that the victim has suffered their first asbestos-related illness or injury. It is recommended that individuals consult an attorney who specializes in mesothelioma lawsuits and can assist them in determining the best timeline to file an action.
A New York mesothelioma lawyer can help victims file 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 can be complex. The mesothelioma lawyers can be at their clients' side every step of the process to ensure that they get the compensation that they deserve.
Asbestos lawyers should be familiar with the research behind asbestosis, mesothelioma and other asbestos-related diseases. They should be able to build solid arguments using the evidence in every case. This can be done by analyzing information from medical records, workplace histories and other sources.
A mesothelioma attorney must be able to comprehend the law. They must be able to explain legal concepts in a way that is simple for those with no knowledge of the law to understand. Mesothelioma lawyers should also be able connect their clients with experts who can provide them with an understanding of the details of their asbestos-related injuries.
The asbestos litigation process in every state and the statutes of limitation should be well-known to the mesothelioma lawyers. They should be able to assist their clients in bringing a lawsuit before the appropriate court. In Huntington Beach asbestos attorney , mesothelioma lawyers need to be capable of holding negligent asbestos manufacturers accountable and get the victims the justice they need. Contact an asbestos law firm for a free consultation today.