4 Dirty Little Secrets About The Asbestos Class Action Lawsuit Industry

Class Action Lawsuits and Mesothelioma

There are many ways to receive compensation if you've been diagnosed with mesothelioma. You can make a personal injury claim or, if a loved one has died from mesothelioma you can make a wrongful death claim.

A mesothelioma lawyer can help you determine the best option for your specific situation.

The First Case

In the late 1970s and into the beginning of the 1980s, a flurry of asbestos-related cases began to overwhelm the New Jersey judiciary system. These cases were brought on behalf of individuals 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 large that it spawned an unusual legal phenomenon referred to as "mass torts."

In this sense mass tort is a kind of lawsuit in which an entire group of people is represented by one lawyer or law firm. The plaintiffs are faced with similar legal issues due to their asbestos exposure. The cases are filed in a variety of courts. The number of cases filed was so high that it prompted judges to create specialized rules and schedules, procedures and protocols for handling asbestos cases.

Nellie Kershaw, a factory worker from Rochdale in England was the one who filed one of the earliest known asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers when working in a factory. She was diagnosed with health issues as a result. Kershaw asked her employer to pay for her treatment, however, the company declined. Kershaw passed away in her 33s from fibrosis, which was caused by asbestos attorneys particles.

Many companies that mined asbestos, manufactured asbestos or asbestos attorney-containing products, and attempted to conceal the dangers. In the 1960s and 1970s, the connections between asbestos and ailments such as mesothelioma became well-known in medical journals and other major news publications. Asbestos's dangers were so well known that company executives could not keep it a secret.

Lawyers representing asbestos victims also uncovered evidence that asbestos companies and manufacturers conspired to cover up asbestos' 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 lawsuit lawsuits in the latter part of the 1970s and 1980s. These cases overwhelmed the justice system, prompting attempts to streamline litigation through class action lawsuits. However, the complexities of each victim's individual vulnerability and symptoms have proved to be the greatest barrier to the success of class action lawsuits.

The court's decision on the dollar amount an individual plaintiff receives for their asbestos-related injuries is contingent on numerous factors. These include the severity of a person's mesothelioma diagnosis, the cost of medical treatments, as well as the degree of their suffering. Patients with a more serious diagnosis such as mesothelioma or pleural plaques require substantial compensation to cover their financial costs. This includes lost wages and ongoing costs.

People suffering from asbestos-related illnesses, such as mesothelioma, may need money from the settlement to pay for expensive treatment, hospitalizations, home care, or funeral costs. They might also need to secure future earnings in order to replace the income they lost due to their disease. A financial award can help the victim and their family members feel at ease knowing that the business responsible for their asbestos exposure has been held accountable for their damages.

Although there have been numerous successful mesothelioma-related class actions, it is usually more beneficial for victims to file individual lawsuits. The unique nature of each asbestos exposure case and the differences between different mesothelioma diagnoses mean that a class-action lawsuit will not effectively represent all victims' rights in a fair and equitable manner.

As the result, asbestos victims are more likely to make individual lawsuits than are to file claims in a class. In fact the lawsuits have been found to offer victims greater compensation than a class-action lawsuit could offer.

A mesothelioma lawyer with experience can assist families of victims seek justice through filing a personal lawsuit or VA benefits claim. A lawyer can help veterans connect with top mesothelioma specialists and other resources to improve their treatment outcomes. Contact us today for a no-cost consultation to begin your legal journey.

The Fourth Case

The Borel case, and other similar to it have helped establish the the strict liability of asbestos manufacturers. Many victims died before they could see the verdicts and settlements. Instead their families were left with funeral costs as well as medical bills and the loss of companionship. It is important to choose mesothelioma attorneys who have experience in these cases.

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

A New York mesothelioma attorney can assist victims to file claims against the businesses responsible for their asbestos exposure. Those individuals should be prepared to go through the process of litigation, as it is often a complicated process. However, the mesothelioma attorneys are by their clients' assistance every step of the way to ensure that they receive the money they are entitled to.

Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related diseases. They must also be able to build strong cases by analyzing the evidence in each individual case. This information can be obtained from medical records or workplace histories.

A mesothelioma lawyer must be able to read the law. They must also be able to explain legal concepts in a manner that is simple for those who aren't experts on the law to comprehend. Mesothelioma lawyers should be able to connect their clients with experts who can provide them with an understanding of the details of their asbestos-related illnesses.

Mesothelioma lawyers must be knowledgeable about 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. The mesothelioma lawyers must be capable, at the end of the day, to make negligent asbestos producers accountable and ensure that victims receive the justice they deserve. Contact an asbestos law firm for a free consultation today.