Class Action Lawsuits and Mesothelioma

If you've been diagnosed with mesothelioma, there are many options to seek compensation. You can bring a personal injury lawsuit or, if your loved ones have died due to mesothelioma, you may make a wrongful death claim.

A mesothelioma attorney can help you determine which option is the best option for your particular situation.

The First Case

In the late 1970s through the beginning of the 1980s, a flurry of asbestos cases began to overtake the New Jersey judiciary system. These lawsuits were filed on behalf of individuals who suffered from mesothelioma or other asbestos diseases, or from complications relating to exposure raw or finished asbestos Lawsuit products or asbestos. The asbestos litigation became so important that it spawned an unusual legal phenomenon called "mass torts."

In this sense mass tort is a type lawsuit in which many individuals are represented by one attorney or law firm. The plaintiffs have similar legal issues as a result of their asbestos exposure. The cases are filed in various courts. The case load was so high that it prompted judges to develop specialized rules, procedures and schedules to handle asbestos cases.

Nellie Kershaw, a factory worker from Rochdale in England was the one who filed one of the first known asbestos attorney class action lawsuits in 1924. Kershaw worked in a plant which spun asbestos fibers into yarn, and she was diagnosed with health issues due to the exposure. Her employer was able to pay for her treatments but they refused. Kershaw passed away at 33 years old from fibrosis of the lungs that was directly caused by the exposure to asbestos particles.

Many companies that mined, made or used asbestos and asbestos-containing products tried to conceal the dangers of these dangerous materials. In the 1960s and 1970s, correlations between asbestos and diseases such as mesothelioma became well-known in medical journals as well as major news publications. The information about asbestos' dangers was so widespread that it became impossible for company executives to keep the information a secret.

Additionally, lawyers representing asbestos victims discovered evidence of a collaboration between asbestos companies and manufacturers to cover up asbestos' dangers. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company had deliberately concealed the dangers of asbestos in order to protect its profits.

The Third Case

In the late 1970s and early 1980s, an avalanche of asbestos lawsuits began to overflow New Jersey courts. 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 greatest barrier to a successful class action claim.

A court's determination of the dollar amount the plaintiff is awarded for their asbestos-related injury is based on a variety of factors. This includes the severity of a person's mesothelioma-related diagnosis, the cost of medical treatment, and the severity of their suffering. Victims who have had a more serious diagnosis, such as those who have pleural plaques, or mesothelioma, often require substantial compensation to cover a variety of financial expenses, including lost wages and ongoing healthcare costs.

Patients diagnosed with mesothelioma or other asbestos-related illnesses require money from their settlement or jury award to cover costly hospitalizations, expensive treatments as well as in-home care or funeral expenses. They might also need to get future earnings to recoup the income they lost due to their illness. A financial award could aid victims and their families have peace of mind knowing that the company responsible has been held accountable.

Despite the fact that there have been a variety of successful mesothelioma class actions the majority of victims are better to file individual lawsuits. A class action cannot represent the rights of all victims in a fair and equitable manner due to the individuality of each asbestos exposure and distinct mesothelioma diagnosis.

In the end, individual lawsuits have become more popular than class action claims for asbestos victims. In fact they have been proven to offer victims greater compensation than a class action could provide.

A mesothelioma attorney can help victims and families get justice through filing a lawsuit or VA benefit claim. An attorney can assist veterans find top mesothelioma doctors and other resources to improve their treatment outcomes. Start your legal journey today by requesting a a free consultation with an attorney.

The Fourth Case

The Borel case and the others like it helped establish the legal liability of asbestos manufacturers. Many victims passed away before they could receive the settlements and verdicts. Their families were left to pay funeral expenses, medical bills and loss of companionship. This is why it is important to work closely with a mesothelioma attorney that has experience in these types of claims.

Asbestos lawsuits must be filed within the timeframe of limitations. This is a period that varies from state to state and begins when the victim first suffered an asbestos-related injury or illness. Individuals should always work with an attorney who is specialized in mesothelioma cases and can help them determine the best timeline to file lawsuit.

A New York mesothelioma lawyer can help victims file an individual claim against the companies that are responsible for their exposure to asbestos. Individuals who suffer from asbestos lawsuit should be prepared to go through the process of litigation, as it is often a complicated process. However, the mesothelioma attorneys can be by their client's side throughout the way to make sure they receive the money they deserve.

Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related illnesses. They must be able to construct strong cases using the evidence that is presented in every case. This information can be obtained from medical records and workplace history.

A mesothelioma lawyer must be able to read the law. They should be able to explain legal concepts to people who have limited knowledge of law. Mesothelioma attorneys should also be able to connect their clients with experts who can give them information about the specifics of their asbestos-related injuries.

The mesothelioma lawyers should be familiar with the asbestos lawsuit litigation process and the statute of limitations for every state. They should also be able assist their clients in filing an appropriate lawsuit in the right court. The mesothelioma lawyers must be capable of holding accountable the negligent asbestos manufacturers and ensure that the victims receive the justice they deserve. Contact an asbestos law firm for a no-cost consultation today.