Class Action Lawsuits and Mesothelioma
There are a myriad of ways to receive compensation if you've been diagnosed as having mesothelioma. You can file a personal injury lawsuit or, if your loved ones have died due to mesothelioma, you may make a wrongful death claim.
A mesothelioma attorney can help you choose the option that is best for you.
The First Case
In the late 1970s and into the early 1980s, a flood of asbestos-related cases began to overtake the New Jersey judiciary system. These lawsuits were filed on behalf of people who suffered from mesothelioma or other asbestos-related diseases, or complications related to exposure to finished or raw asbestos products or asbestos. The asbestos lawsuit grew so significant that it created a unique legal phenomenon known as "mass torts."
In this context, mass tort refers a type lawsuit in which many individuals are represented by one attorney or law firm. The cases are filed in a wide number of courts and the plaintiffs have similar legal issues resulting from their common exposure to asbestos. The volume of cases was so large that judges were compelled to create specialized rules, procedures and schedules for handling asbestos cases.
Nellie Kershaw, factory worker from Rochdale in England was the one who filed one of the first known asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers when working in a factory. She was diagnosed with health issues due to the exposure. Kershaw asked her employer to pay for her treatment, however, the company declined. Kershaw died at 33 years old from fibrosis of the lungs that was directly caused by inhalation of asbestos particles.
Many companies that mined asbestos, made asbestos-containing products, and tried to conceal their dangers. By the 1960s and 70s medical journals and news publications began to draw connections between asbestos and diseases like mesothelioma. Asbestos ' dangers were so widely recognized that executives of companies could not keep the information secret.
Additionally, lawyers representing asbestos victims discovered evidence of the conspiracy that existed between asbestos companies and manufacturers to conceal asbestos's 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 had knowingly concealed the risks of asbestos to ensure their profits.
The Third Case
New Jersey courts were inundated with asbestos lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judicial system which led to efforts to streamline litigation through class action suits. However, the complexities of each victim's specific circumstances and symptoms have proven to be the most significant obstacle to a successful class action claim.
The amount a court will pay a plaintiff for their asbestos-related injuries is determined by a variety of factors. The severity of the mesothelioma diagnosis, cost of treatment and the degree of suffering are all elements to be considered. Victims who have had an even more severe diagnosis, like those with pleural plaques or mesothelioma, typically require significant compensation to cover a variety of financial costs, including lost wages and ongoing care costs.
Patients diagnosed with mesothelioma or other asbestos-related illnesses require funds from their settlement or jury award to cover expensive treatments, hospitalizations as well as in-home care or funeral costs. They may also require get future earnings to make up for lost income due to their disease. A financial award could help victims and their families have peace of mind knowing that the company responsible has been held accountable.
Despite the fact that there have been numerous instances of successful mesothelioma-related class actions the majority of victims are better to file individual lawsuits. The distinct nature of each asbestos exposure case and the different characteristics between different mesothelioma diagnoses means that a class action will not effectively represent all the victims' interests in a fair and equitable manner.
As a result, asbestos victims are more likely to make individual lawsuits than are to file a class action claim. These lawsuits have been found to provide victims more compensation than class actions.
An experienced mesothelioma attorney can assist families of victims 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. Get a free consultation today to begin your legal journey.
The Fourth Case
The Borel case and others like it helped establish strict liability for asbestos manufacturers. However, many of the victims did not live to see the settlements and verdicts. Instead, their families were left with funeral expenses as well as medical bills and the loss of companionship. This is why it is crucial to partner with a mesothelioma law firm who has experience with these claims.
Asbestos suits must be filed before the time limit expires. This is a period that varies from state to state and starts when the victim first was injured by top asbestos law firms asbestos or suffered an illness. It is crucial to consult with mesothelioma lawyers who will determine the ideal time to file an action.
A New York mesothelioma lawyer can assist victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. The process of suing isn't easy, so people should be prepared to go through it. The mesothelioma lawyers can be at their clients' side every step of the process to ensure they receive the compensation they deserve.
Asbestos lawyers must be acquainted with the science behind mesothelioma, asbestosis and other asbestos-related diseases. They should be able to create solid cases based on the evidence of each case. This information can be gathered from medical records and work histories.
A mesothelioma attorney must be able to read the law. They must be able to explain legal concepts to people who are not familiar with law. In addition mesothelioma lawyers should be able to connect their clients to experts who can provide information on the complicated details of their asbestos-related injuries.
The asbestos litigation process in every state and the statutes of limitations should be well-known to mesothelioma lawyers. They should be able assist their clients in bringing a lawsuit before the appropriate court. Mesothelioma lawyers should be competent, at the end, to ensure that negligent asbestos producers are held accountable and ensure that victims receive the justice they are entitled to. Contact an asbestos law firm for a free consultation today.