Class Action Lawsuits and Mesothelioma
If you have been diagnosed with mesothelioma there are many ways to get compensated. You can file either an individual injury lawsuit or a wrongful-death suit if you have a loved one who has died of mesothelioma.
A mesothelioma attorney can help you decide which option is best for your situation.
The First Case
In the latter part of the 1970s and into the early 1980s, a flurry of asbestos cases began to take over the New Jersey judicial system. These cases were brought on behalf of those who suffered from mesothelioma or other asbestos diseases, or complications related to exposure to raw or finished asbestos products or asbestos. The asbestos litigation became so important that it led to an uncommon legal phenomenon known as "mass torts."
In this context, the term mass tort is a term used to describe a type of lawsuit where a significant number of people are represented by a single attorney or law firm. The cases are filed in a vast number of courts, and the plaintiffs share similar legal issues resulting from their common exposure to asbestos. The case load was so high that it prompted judges to develop special rules and schedules, procedures and protocols for handling asbestos cases.
One of the first asbestos lawsuit class action cases was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She was diagnosed with health issues as a result. Her employer was able to pay for her treatments but they refused. Kershaw passed away at 33 years old of lung fibrosis that was directly caused by exposure to asbestos particles.
Many companies that mined, made or used asbestos and asbestos-containing products tried to hide the dangers of these deadly substances. In the 1960s and 1970s, medical journals and news magazines began to draw connections between asbestos and illnesses like mesothelioma. Asbestos dangers were so widely known that company executives could not keep it a secret.
Lawyers representing asbestos victims also discovered evidence that asbestos companies and manufacturers conspired to hide asbestos' dangers. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville were discovered and showed the company knowingly concealed the risks of asbestos to protect their profits.
The Third Case
In the latter part of the 1970s and into the early 1980s, a flurry of asbestos lawsuits began to overflow New Jersey courts. These cases overwhelmed the justice system, prompting attempts to streamline litigation through class action lawsuits. The complexity of each victim's unique symptoms and exposure has proven to be the biggest barrier to claims for class action.
A court's determination of the amount of money a plaintiff receives for their asbestos injury depends on numerous factors. The severity of the mesothelioma diagnosis, cost of treatment, and the level of suffering are all factors that are taken into consideration. Victims who have had an even more severe diagnosis, such as those suffering from pleural plaques or mesothelioma, often require significant compensation to cover a range of financial expenses, such as lost wages and ongoing healthcare costs.
Individuals diagnosed with mesothelioma and other asbestos-related diseases require money from their settlement or jury award to pay for expensive treatments, hospitalizations and in-home medical care, as well as funeral expenses. They may also have to secure future earnings to make up for the loss of income due to their illness. A monetary award may help victims and their families have peace of mind knowing that the responsible company is accountable.
Despite the fact that there have been a number of mesothelioma-related class actions that have been successful however, patients are usually better in pursuing individual lawsuits. The distinct nature of each asbestos exposure case as well as the differing characteristics between different mesothelioma diagnoses mean that a class-action lawsuit will not effectively represent all the victims' interests in a fair way.
As the result, asbestos victims are more likely to file individual lawsuits than they are to file class action claims. These lawsuits were found to offer victims more compensation than class actions.
A mesothelioma lawyer with experience can help victims and their families pursue justice through filing a personal lawsuit or VA benefits claim. An attorney can also help veterans find access to top mesothelioma specialists and other resources that could help them improve their treatment results. Contact us today for a no-cost consultation to get started on your legal journey.
The Fourth Case
The Borel case, as well as others similar cases have helped establish the strict liability of asbestos manufacturers. However, many victims were not alive to witness the verdicts and settlements. Instead their families were left with funeral costs as well as medical bills and the loss of companionship. It is crucial to find mesothelioma lawyers who have expertise in these kinds of cases.
asbestos lawsuit lawsuits (https://moparwiki.win/wiki/Post:What_Is_Asbestos_Personal_Injury_Lawsuit_And_How_To_Use_What_Is_Asbestos_Personal_Injury_Lawsuit_And_How_To_Use) must be filed within the timeframe of limitations. This is a time period that varies from state to state and begins when the victim first was injured by asbestos or suffered an illness. It is important to consult with mesothelioma lawyers who will determine the ideal time to file a lawsuit.
A New York mesothelioma lawyer can aid victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. The affected individuals must be prepared for the process of litigation, as it can be a complex process. Mesothelioma lawyers are there for their clients every step of the process to ensure they receive the amount they deserve.
Asbestos lawyers must be acquainted with the research behind asbestosis, mesothelioma and other asbestos-related diseases. They should be able build solid arguments using the evidence that is presented in each case. This could include information gathered from medical records, work histories, and other sources.
A mesothelioma attorney should be able to read the law. They must be able to explain legal concepts to those who have limited knowledge of law. In addition, mesothelioma lawyers should be able to connect their clients to experts who can give insight into the intricate details of their asbestos-related injuries.
The asbestos lawsuit litigation process in each state and the statutes of limitations should be known to mesothelioma lawyers. They should be able to assist clients in filing a lawsuit at the appropriate court. The mesothelioma lawyers must be able, in the end to make negligent asbestos producers accountable and get victims the justice they need. Contact an asbestos law firm for a free consultation today.