Class Action Lawsuits and Mesothelioma
If you've been diagnosed with mesothelioma there are several ways to get compensated. You can file a personal injury suit or a wrongful-death lawsuit if you have a loved one who passed away from mesothelioma.
A mesothelioma lawyer can assist 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 cases began to overwhelm the New Jersey judiciary system. These claims were brought by people suffering from different types of mesothelioma, other asbestos-related diseases, and other issues related to exposure to finished or raw asbestos or products that contained asbestos. The asbestos litigation grew to the point that it led to an unique legal phenomenon referred to as "mass torts."
In this sense, mass tort refers a type lawsuit in which an entire group of people are represented by a single attorney or law firm. The cases are filed in a large number of courts, and the plaintiffs have similar legal issues resulting from their exposure to asbestos. The number of cases filed was so high that judges were compelled to develop special rules, procedures and schedules to manage asbestos cases.
Nellie Kershaw, a factory worker from Rochdale in England was the one who filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos attorneys fibers when working in a factory. She developed health issues as a result. Her employer was able to cover her treatment, but the company refused. Kershaw died in her 30s from fibrosis, a condition caused by asbestos particles.
Many companies that mined asbestos, produced asbestos-containing products and tried to hide their risks. 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. The information about the dangers of asbestos was so widespread that it was impossible for company executives to keep the knowledge to themselves.
Attorneys representing asbestos attorneys victims have 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 was discovered that revealed that the company knew about the risks of asbestos to safeguard their profits.
The Third Case
New Jersey courts were inundated with asbestos-related lawsuits in the latter part of the 1970s and 1980s. These cases overwhelmed the judicial systems, which led to attempts to streamline litigation by utilizing class action suits. However, the complexities of each victim's specific exposure and symptoms have proven to be the biggest obstacle to successful class action claims.
The dollar amount that a court will award a plaintiff for their asbestos-related injury is determined by dozens of factors. The severity of mesothelioma diagnosis, the cost of treatment and the extent of suffering are all elements that can be taken into consideration. Victims who have suffered a more severe diagnosis, like those suffering from pleural plaques or mesothelioma, typically require significant compensation to cover a wide range of financial expenses, such as lost wages and ongoing healthcare costs.
Individuals with asbestos-related diseases such as mesothelioma may require money from their settlement to cover expensive hospitalizations, treatment, home care, or funeral expenses. They could also be required to get future earnings to recoup the income they lost due to their disease. A cash award can help victims and their families have peace of mind knowing that the responsible company is accountable.
Despite the fact that there have been numerous instances of successful mesothelioma-related class actions, victims are often better off filing individual lawsuits. A class action is not able to represent the interests of all victims in a fair way due to the uniqueness of each asbestos exposure and distinct mesothelioma diagnoses.
In the end, individual lawsuits are now more common than class action claims for asbestos victims. In fact, these lawsuits have been proven to offer victims greater compensation than a class action could provide.
A mesothelioma lawyer can assist victims and families seek justice by filing a lawsuit or VA benefit claim. An attorney can also help veterans find access to top mesothelioma doctors and other resources that can help them improve their treatment outcomes. Get a free consultation today to begin your legal journey.
The Fourth Case
The Borel case and the others like it helped establish the strict liability of asbestos producers. Many victims died before they could see the verdicts and settlements. Instead, their families were left with funeral expenses as well as medical bills and the loss of companionship. This is why it's crucial to work closely with a mesothelioma attorney that has experience in these cases.
Asbestos lawsuits must be filed within the statute of limitations. This time period is different from state to state, and begins at the point that the victim suffered their first asbestos-related illness or injury. It is essential to speak with mesothelioma attorneys who can help you determine the most suitable timeframe for filing 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 lawyer (writeablog.net). The litigation process isn't easy, so the people who are affected 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 compensation that they deserve.
Asbestos lawyers need to be aware of the science behind mesothelioma as well as other asbestos-related illnesses. They should be able to build solid arguments using the evidence in every case. This information can be gathered from medical records and work histories.
A mesothelioma lawyer needs to be able to read the law. They should also be competent in explaining legal concepts in a manner that is simple for those with limited knowledge of the law to understand. Additionally mesothelioma lawyers should also be in a position to connect their clients to experts who can 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 known to mesothelioma lawyers. They should also be able help their clients file a lawsuit in the appropriate court. Mesothelioma lawyers should be capable, at the end of the day, to ensure that negligent asbestos producers are held accountable and get victims the justice they deserve. Contact a knowledgeable asbestos law firm today to get an initial consultation for free.