Class Action Lawsuits and Mesothelioma
There are many ways to receive compensation if you've been diagnosed as having mesothelioma. You can file either a personal injury lawsuit or a wrongful-death suit when you have a loved one who died of mesothelioma.
A mesothelioma lawyer can assist you choose the best solution for your particular situation.
The First Case
In the late 1970s and the early 1980s, an avalanche of asbestos cases began to engulf the New Jersey judicial system. These claims were filed by people suffering from different types of mesothelioma, asbestos-related diseases, and other complications related to exposure to raw or finished asbestos or products containing asbestos. The asbestos lawsuit grew to the point that it led to a unique legal phenomenon known as "mass torts."
In this context mass tort refers to a type of lawsuit where an entire group of people are represented by a single lawyer or law firm. The cases are filed in a wide number of different courts, and the plaintiffs have similar legal issues due to their exposure to asbestos. The volume of cases was so huge that judges were compelled to develop specialized rules and schedules, procedures and protocols for handling asbestos cases.
Nellie Kershaw, factory worker from Rochdale in England she filed one of the first known asbestos class action lawsuits in 1924. Kershaw was employed in a factory which spun asbestos fibers into yarn and she developed health problems as a result of her exposure. She asked her employer to pay for her treatment, but the company refused. Kershaw died in her 30s from fibrosis, which was caused by asbestos particles.
Lorain asbestos lawsuits that mined, manufactured or used asbestos or asbestos-containing products attempted to hide the dangers of these deadly substances. But by the 1960s and 1970s the links between asbestos and ailments like mesothelioma were becoming well-known in medical journals and major news publications. The information on asbestos's dangers was so widespread that it became impossible for executives of companies to keep the knowledge to themselves.
Attorneys representing asbestos victims also discovered evidence that asbestos firms and manufacturers conspired to hide the dangers of asbestos. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville were discovered and revealed that the company knew about the risks of asbestos to protect 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 system, which led to attempts to streamline litigation using class action suits. The complexity of each victim's unique ailments and exposure has proven to be the most significant obstacle to class action claims.
The court's decision about the dollar amount the plaintiff is awarded for their asbestos-related injury is based on a variety of factors. The severity of mesothelioma diagnosis, cost of treatment and the degree of suffering are all elements to be considered. Victims who have had a more serious diagnosis, such as those with pleural plaques or mesothelioma are often required to pay substantial compensation to cover a range of financial expenses, including lost wages and ongoing care costs.
Individuals diagnosed with mesothelioma and other asbestos-related illnesses require funds from their settlement or jury award to cover expensive treatments, hospitalizations, in-home care, or funeral costs. They may also need to get future earnings to replace their lost income due to their illness. A financial award could help the victim and their family find peace of mind knowing that the business responsible for their asbestos exposure is accountable for the harm they caused.
While there have been several successful mesothelioma group actions, it's usually more beneficial for victims to file individual lawsuits. The individuality of each asbestos exposure case and the differences between different mesothelioma diagnoses mean that a class-action lawsuit will not effectively represent all the victims' interests in a fair and equitable manner.
Consequently, individualized lawsuits have become more common than claims based on class action for asbestos victims. In fact the lawsuits have been found to provide victims with more compensation than a class action would offer.
A mesothelioma lawyer with experience can help families of victims pursue justice by filing an individual lawsuit or VA benefits claim. A lawyer can help veterans access top mesothelioma physicians and other resources to improve their treatment outcomes. Begin your legal journey today by requesting a no-cost consultation with an attorney.
The Fourth Case
The Borel case and others similar to it helped establish the legal liability of asbestos manufacturers. However, many of the victims did not live to see the verdicts and settlements. Instead, their families were left with funeral costs, medical bills, and the loss of companionship. It is important to work with mesothelioma lawyers who have experience in these types of cases.
Asbestos lawsuits must be filed within the statute of limitations. This time period varies from state to state, and begins at the point that the victim has suffered their first asbestos-related illness or injury. Individuals should always consult an attorney who is specialized in mesothelioma cases and can assist them in determining the best timeline to file a lawsuit.
A New York mesothelioma attorney can help victims file a claim against the businesses responsible for their asbestos exposure. The litigation process isn't easy, so the people who are affected should be prepared to go through it. However, mesothelioma lawyers are by their clients' side throughout the way to ensure they get the compensation they deserve.
Asbestos lawyers need to be aware of the science of mesothelioma and other asbestos-related diseases. They should be able build strong arguments based on the evidence presented in every case. This information can be gleaned from medical records and workplace history.
A mesothelioma lawyer must be able to read the law. They must be capable of explaining legal concepts in a way that is simple for those with no knowledge of the law to understand. Additionally, mesothelioma lawyers should be capable of connecting their clients with experts who are able to provide insight into the complex details of their asbestos-related injuries.
The asbestos litigation process in each state and the statutes of limitation should be known to mesothelioma lawyers. They should be able to assist their clients in filing a lawsuit with the appropriate court. The mesothelioma lawyers need to be capable of holding negligent asbestos manufacturers accountable and provide the victims with the justice they need. Contact a knowledgeable asbestos law firm today to get a no-cost consultation.