Class Action Lawsuits and Mesothelioma
There are a myriad of ways to receive compensation if diagnosed as having mesothelioma. You can make a personal injury claim or, if your loved one has died from 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 the early 1980s, an avalanche of asbestos cases began to flood the New Jersey judicial system. These cases were brought on behalf of people who were suffering from mesothelioma and other asbestos diseases, or complications related to exposure to raw or finished asbestos products or asbestos. The asbestos lawsuit grew so large that it spawned an unusual legal phenomenon referred to as "mass torts."
In this context mass tort is a kind of lawsuit in which many people is represented by one lawyer or law firm. The plaintiffs are faced with similar legal problems due to their asbestos lawyer exposure. The cases are filed in a variety of courts. The number of asbestos cases was so high that judges had to come up with special rules, procedures and schedules.
One of the first well-known asbestos class action lawsuits was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She was diagnosed with health issues due to the exposure. Her employer asked her to cover her treatment, but the company refused. Kershaw died in her 33s due to fibrosis. It was caused by asbestos particles.
Many companies that mined asbestos, produced asbestos lawyers-containing products, and attempted to hide their risks. In the 1960s and 1970s medical journals and news magazines began to make connections between asbestos lawyer and diseases like mesothelioma. The information about the dangers of asbestos was so widespread that it became impossible for executives of companies to keep the information a secret.
Lawyers representing asbestos victims also discovered evidence that asbestos companies and manufacturers conspired to cover up the dangers of asbestos. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville discovered that the company deliberately concealed the dangers of asbestos to protect its profits.
The Third Case
In the latter part of the 1970s and into the early 1980s, a flurry of lawsuits filed by asbestos attorney victims began to overflow New Jersey courts. These cases overwhelmed the judicial system and led to efforts to streamline litigation through class action suits. However, the complexity of each victim's specific vulnerability and symptoms have proved to be the biggest obstacle to a successful class action claim.
The amount of money a court will pay a plaintiff for their asbestos-related injuries is determined by dozens of factors. These include the severity of a mesothelioma diagnosis, the expense of medical treatments, as well as the degree of their suffering. Victims who have been diagnosed with a more severe diagnosis, like those suffering from pleural plaques or mesothelioma are often required to pay substantial compensation to cover a range of financial expenses, such as lost wages and ongoing healthcare costs.
Individuals diagnosed with mesothelioma and other asbestos-related illnesses require money from their settlement or jury award to pay for expensive treatments, hospitalizations, in-home care, or funeral costs. They may also be required to get future earnings to replace the income they lost due to their disease. A financial award could aid the families of victims find peace of mind knowing that the company responsible has been held accountable.
Although there have been a number of successful mesothelioma group actions, it is usually more efficient for patients to pursue individual lawsuits. The individuality of each asbestos exposure case and the differences between mesothelioma diagnoses differ, which means that a class action will not effectively represent all victims' interests in a fair way.
In the end, individual lawsuits have become more common than class action claims for asbestos victims. These lawsuits have been found to provide victims more compensation than class actions.
A mesothelioma lawyer with experience can assist families of victims pursue justice by filing a lawsuit on their own or VA benefits claim. A lawyer can also assist veterans access top mesothelioma specialists and other resources that can enhance their treatment outcomes. Get started on your legal journey today by requesting a a free consultation with an attorney.
The Fourth Case
The Borel case, and other like it, helped establish an obligation of strict liability for asbestos producers. Many victims passed away before they could receive the settlements and verdicts. Instead their families were left with funeral costs, medical bills, and the loss of companionship. It is essential to work with a mesothelioma lawyer who has experience in these kinds of cases.
asbestos attorneys lawsuits must be filed within the timeframe of limitations. The time frame is different from state to state and begins when the victim suffered their first asbestos-related illness or injury. It is important to consult with mesothelioma lawyers who can determine the best timeframe for filing an action.
A New York mesothelioma attorney can help victims file claims against the companies responsible for their asbestos exposure. The litigation process can be complicated, so the people who are affected should be prepared to go through it. However, mesothelioma lawyers can be by their client's assistance every step of the way to ensure that they receive the money they deserve.
Asbestos lawyers must understand the science behind mesothelioma as well as other asbestos-related illnesses. They should be able to build solid arguments using the evidence that is presented in each case. This information can be gathered from medical records or workplace records.
A mesothelioma lawyer needs to be able to read the law. They should be able explain legal concepts to people who have no knowledge of law. Additionally mesothelioma lawyers should be able to connect their clients with experts who can provide information on the complicated details of their asbestos-related illnesses.
Mesothelioma lawyers must be knowledgeable about the asbestos litigation process and the time limits in every state. They should also be able to assist their clients to file an appropriate lawsuit in the right court. The mesothelioma attorneys must be able, in the end, to hold negligent asbestos producers accountable and ensure that victims receive the justice they deserve. Contact an experienced asbestos law firm today for a no-cost consultation.