Class Action Lawsuits and Mesothelioma
There are a myriad of ways to receive compensation if diagnosed as having mesothelioma. You can file either a personal injury suit or a wrongful-death lawsuit if you have a loved one who has passed away from mesothelioma.
A mesothelioma attorney can help you determine which option is best for your situation.
The First Case
In the latter part of the 1970s until 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 various types of mesothelioma, other asbestos-related diseases, or other ailments resulting from exposure to raw or finished asbestos or products containing Asbestos Lawyer. The asbestos litigation became so significant that it created an unusual legal phenomenon referred to as "mass torts."
In this context the term "mass tort" refers to a kind of lawsuit wherein a large number of people are represented by a single attorney or law firm. The cases are filed in a large number of courts and the plaintiffs face similar legal issues resulting from their exposure to asbestos. The case load was so large that judges were compelled to develop specialized rules and schedules, procedures and protocols to handle asbestos cases.
Nellie Kershaw, an industrial worker from Rochdale in England she filed one of the earliest known asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She suffered health issues due to the exposure. Kershaw asked her employer to cover her treatment, but the company denied. Kershaw died at the age of 33 from fibrosis of the lungs that was directly caused by the inhalation of asbestos particles.
Many companies that mined, produced or used asbestos or asbestos attorneys-containing products tried to conceal the dangers of these dangerous substances. But by the 1960s and 1970s, the connections between asbestos and diseases like mesothelioma began to be widely known in medical journals and other major news publications. Asbestos dangers were so widely known that company executives could not keep it a secret.
Lawyers representing asbestos victims also discovered evidence that asbestos firms and manufacturers conspired to hide the dangers of asbestos. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville discovered that the company had deliberately concealed the dangers of asbestos in order to safeguard its 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 to streamline litigation with class action lawsuits. However, the complexity of each victim's individual exposure and symptoms have proven to be the most significant obstacle to a successful class action claim.
The court's decision about the amount the plaintiff is awarded for their asbestos-related injuries is contingent on a myriad of factors. This includes the severity of a mesothelioma diagnosis, the expense of medical treatments, as well as the severity of their suffering. Patients with a more serious diagnosis like mesothelioma or pleural plaques, require substantial compensation to cover their financial costs. This includes the loss of wages and ongoing expenses.
Patients diagnosed with mesothelioma or other asbestos lawyers-related illnesses require money from their settlement or jury award to cover expensive treatments, hospitalizations, in-home care, or funeral costs. They may also have to get future earnings to replace their lost income due to their disease. A financial award could aid a victim and his/her family members feel at ease in knowing that the company responsible for their asbestos exposure is accountable for their harm.
Despite the fact that there have been a variety of successful mesothelioma class actions, victims are often better off filing individual lawsuits. The distinct nature of each asbestos exposure case and the different characteristics between different mesothelioma diagnoses means that a class action cannot effectively represent all victims' interests in a fair manner.
In the end, individual lawsuits have become more popular than class action claims for asbestos victims. In fact the lawsuits have been found to offer victims more compensation than a class action could offer.
An experienced mesothelioma attorney can help families of victims pursue justice through filing a personal lawsuit or VA benefits claim. A lawyer can also assist veterans get access to the top mesothelioma specialists and other resources that can help them improve their treatment results. Start your legal journey today by scheduling a an initial consultation with an attorney.
The Fourth Case
The Borel case and others similar to it led to the establishment of the legal liability of asbestos manufacturers. However, many of the victims did not live to see the verdicts and settlements. Their families were left with the burden of funeral costs, medical bills and lost companionship. It is important to work with mesothelioma attorneys who have prior experience in these types of cases.
Asbestos lawsuits must be filed within the prescribed time of limitations. This is a time frame that varies by state and begins when the victim has was injured by asbestos or suffered an illness. It is important to consult with a mesothelioma lawyer who can help you determine the most suitable timeframe for filing an action.
A New York mesothelioma attorney can assist victims to file a claim against the companies responsible for their asbestos exposure. The affected individuals must be prepared to go through the litigation process, as it can be complex. However, the mesothelioma attorneys are by their clients' side every step of the way to make sure they receive the compensation they deserve.
Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related diseases. They should be able build strong cases using the evidence presented in every case. This can include information gathered from medical records, work reports and other sources.
A mesothelioma lawyer needs to be able to comprehend the law. They must be able to explain legal concepts to those who are not familiar with law. Mesothelioma attorneys should also be able connect their clients to experts who can give them insight into the details of their asbestos-related illnesses.
The mesothelioma attorneys should be aware of the asbestos litigation process as well as the statute of limitations for every state. They should be able to assist their clients in bringing a lawsuit before the appropriate court. Ultimately, the mesothelioma lawyers should be able to hold accountable negligent asbestos manufacturers and ensure that the victims receive the justice they need. Contact an asbestos law firm for a free consultation today.