Class Action Lawsuits and Mesothelioma
There are a myriad of ways to receive compensation if you've been diagnosed as having mesothelioma. You can file a personal injury lawsuit or a wrongful death lawsuit when you have loved ones who have passed away from mesothelioma.
A mesothelioma lawyer can help you decide which option is the best option for your particular situation.
The First Case
In the late 1970s through the early 1980s a flood of asbestos cases began to overtake the New Jersey judiciary system. These claims were filed by people suffering from different kinds of mesothelioma and other asbestos-related diseases, and other complications related to exposure to finished or raw asbestos or products containing asbestos. The asbestos litigation became so important that it created an unusual legal phenomenon called "mass torts."
In this case, 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 plaintiffs have similar legal issues due to their asbestos exposure. Cases are filed in many different courts. The amount of asbestos cases so high that judges had to develop special rules, procedures and schedules.
Nellie Kershaw, factory worker from Rochdale in England, filed one of the earliest known asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers when working in a factory. She was diagnosed with health issues due to the exposure. She asked her employer to pay for her treatment, but the company refused. Kershaw died at 33 years old from fibrosis of the lungs that was directly caused by the inhalation of asbestos particles.
Many companies that mined, manufactured or used asbestos and asbestos-containing products attempted to hide the dangers of these dangerous substances. In the 1960s and 1970s, correlations between asbestos and ailments like mesothelioma were becoming widely known in medical journals as well as major news publications. The information about the dangers of asbestos was so widespread that it became impossible for company executives to keep the information to themselves.
Lawyers representing asbestos victims also uncovered evidence that asbestos companies and manufacturers conspired to conceal the dangers of asbestos. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed 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 during the late 1970s and early 1980s. These cases overwhelmed the judicial system, leading to attempts to streamline litigation through class action lawsuits. However, the complexities of each victim's specific vulnerability and symptoms have proved to be the greatest barrier 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 numerous factors. The severity of the mesothelioma diagnoses, the cost of treatment and the degree of suffering are all elements to be considered. Victims who have been diagnosed with a more severe diagnosis, such as those with pleural plaques or mesothelioma, often require substantial compensation to cover a wide range of financial expenses, such as lost wages and ongoing care costs.
People suffering from asbestos-related illnesses such as mesothelioma may need money from their settlement to cover expensive hospitalizations, treatments as well as home care or funeral expenses. They could also be required to secure future earnings in order to make up for the income they lost due to their disease. A monetary award can aid a victim and his/her family members have peace of mind, knowing that the company responsible for their asbestos exposure has been held accountable for their damages.
Although there have been numerous successful mesothelioma group actions, it is often more efficient for patients to pursue individual lawsuits. The distinct nature of each asbestos exposure case and the different characteristics between mesothelioma diagnoses differ, which means that a class-action lawsuit will not effectively represent all victims' interests in a fair way.
As a result, asbestos victims are more likely to make individual lawsuits than are to file a class action claim. In fact they have been found to provide victims with more compensation than a class action could provide.
An experienced mesothelioma attorney can assist victims and their families pursue justice through filing a personal lawsuit or VA benefits claim. An attorney can assist 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 other like it, helped establish strict liability of asbestos manufacturers. Many victims died before they were able to see the verdicts and settlements. Instead, their families asbestos lawsuit attorneys were left with funeral expenses, medical bills, and the loss of companionship. It is important to choose mesothelioma attorneys who have expertise in these cases.
Asbestos suits must be filed before the statute of limitation expires. The deadline differs from state to state and begins at the point that the victim has suffered their first asbestos-related illness or injury. It is recommended that individuals consult an attorney with expertise in mesothelioma claims and can assist them in determining the best timeframe for filing an action.
A New York mesothelioma lawyer can aid victims in filing an individual claim against the businesses that are responsible for their exposure to asbestos. The process of suing is a bit complicated, and those individuals should be ready to go through it. Mesothelioma lawyers are there for their clients throughout the entire process to ensure they receive the compensation that they deserve.
Asbestos lawyers must be knowledgeable about the science of mesothelioma and other asbestos-related diseases. They should also be able to build strong arguments by analyzing the evidence in each individual case. This can include information gathered from medical records, workplace reports, and other sources.
A mesothelioma lawyer needs to know how to read the law. They should also be competent in explaining legal concepts in a way that is easy for people with limited knowledge of the law to understand. In addition mesothelioma lawyers should also be able to connect their clients with experts who can provide information on the complicated details of their asbestos-related injuries.
Mesothelioma lawyers must be familiar with the asbestos litigation process as well as the statute of limitations in each state. They should be able to assist their clients in filing a lawsuit at the appropriate court. The mesothelioma lawyers must be capable, at the end of the day to make negligent asbestos producers accountable and ensure that victims receive the justice they are entitled to. Contact an asbestos law firm for a free consultation today.