Class Action Lawsuits and Mesothelioma
If you have been diagnosed with mesothelioma, there are many options to seek compensation. You can file a personal injury lawsuit or, if a loved ones have died due to mesothelioma, you may make a wrongful death claim.
A mesothelioma attorney can help you determine the best option for your specific situation.
The First Case
In the latter part of the 1970s and into the early 1980s, a flurry of asbestos lawyers-related cases began to take over the New Jersey judicial system. These lawsuits were filed on behalf of those who were suffering from mesothelioma and other asbestos diseases, or complications related to exposure raw or finished asbestos products or asbestos. The asbestos attorney litigation was so significant that it spawned an unusual legal phenomenon called "mass torts."
In this sense mass tort is a kind of lawsuit in which a large group of people is represented by one lawyer or law firm. The cases are filed in a large number of courts and the plaintiffs share similar legal issues due to their exposure to asbestos. The number of cases filed was so large that judges were compelled to develop specialized rules, procedures and schedules to handle asbestos cases.
Nellie Kershaw, an industrial worker from Rochdale in England she filed one of the first known asbestos class action lawsuits in 1924. Kershaw worked in a plant that spun asbestos fibers into yarn, and she developed health problems as a result of her exposure. Kershaw asked her employer to pay for her treatment but the company refused. Kershaw died at 33 years old of lung fibrosis, which was directly caused by exposure to asbestos particles.
Many companies that mined, produced or used asbestos and asbestos attorneys-containing products tried to hide the dangers of these deadly substances. In the 1960s and 1970s the links between asbestos and ailments such as mesothelioma became well-known in medical journals and other major news publications. The information on asbestos's dangers was so widespread that it was impossible for corporate executives to keep the knowledge to themselves.
Attorneys representing asbestos victims discovered evidence of the collaboration between asbestos companies and manufacturers to conceal asbestos's dangers. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville, were discovered that showed the company knowingly concealed Asbestos Lawyer (Https://Posteezy.Com/Its-Time-Expand-Your-Asbestos-Cancer-Lawyer-Mesothelioma-Settlement-Options-0)' dangers to protect 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, leading to attempts at streamlining litigation through class action lawsuits. However, the complexities of each victim's unique vulnerability and symptoms have proved to be the most significant obstacle to a successful class action claim.
The court's decision on the dollar amount the plaintiff is awarded for their asbestos-related injuries is contingent on a myriad of factors. The severity of mesothelioma diagnosis, the cost of treatment, as well as the extent of suffering are all factors that can be considered. Victims who have been diagnosed with a more serious diagnosis, like those who have pleural plaques, or mesothelioma are often required to pay substantial compensation to cover a wide range of financial costs, including the loss of wages and ongoing medical costs.
Individuals with asbestos-related diseases such as mesothelioma may need money from the settlement to pay for expensive hospitalizations, treatment or home care funeral expenses. They might also need to secure future earnings in order to make up for the income they lost due to their disease. A financial award could help the victim and their family members have peace of mind, knowing that the company responsible for their asbestos exposure is accountable for the harm they caused.
While there have been several successful mesothelioma-related class actions, it is often more effective for victims to file individual lawsuits. A class action cannot represent the rights of all victims in a fair manner due to the uniqueness of each asbestos exposure and different mesothelioma diagnosis.
As the result, asbestos victims are more likely to pursue individual lawsuits than they are to file a class action claim. In fact they have been proven to offer victims more compensation than a class action could provide.
An experienced mesothelioma lawyer 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 enhance their treatment outcomes. Request a free consultation today to get started on your legal journey.
The Fourth Case
The Borel case and the others similar cases helped establish the strict liability of asbestos producers. However, many victims were not alive to witness the settlements and verdicts. Their families were left to pay for funeral costs, medical bills and loss of companionship. This is why it is crucial to partner with a mesothelioma law firm who has experience with these cases.
Asbestos lawsuits must be filed within the statute of limitations. The time frame varies from state to state and starts at the moment that the victim was diagnosed with their first asbestos-related injury or illness. Individuals should always work with an attorney who is specialized in mesothelioma claims and can assist them in determining the best timeframe for filing an action.
A New York mesothelioma attorney can assist victims in filing an action against the companies that are responsible for their asbestos exposure. The litigation process can be complicated, so people should be prepared to go through it. The mesothelioma lawyers can be at their clients' side throughout the entire process to ensure that they get the compensation they are entitled to.
Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related illnesses. They should be able to build strong cases using the evidence that is presented in each case. This could include information gathered from medical records, workplace histories and other sources.
A mesothelioma lawyer must be able to read the law. They should be able to explain legal concepts to those who have limited knowledge of the law. Mesothelioma lawyers should be able connect their clients to experts who can provide them with an understanding of the details of their asbestos-related injuries.
The mesothelioma attorneys should be familiar with the asbestos litigation process as well as the time limits in each state. They must also be able to assist their clients to file a lawsuit in the proper court. The mesothelioma lawyers should be able to hold negligent asbestos manufacturers accountable and provide the victims with the justice they deserve. Contact a reputable asbestos law firm today for a no-cost consultation.