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Class Action Lawsuits and Mesothelioma

There are a myriad of options to seek compensation if you've been diagnosed with mesothelioma. You can file a personal injury suit or a wrongful death lawsuit in the case of loved ones who have passed away from mesothelioma.

A mesothelioma lawyer can help you choose the option that is best for your situation.

The First Case

In the late 1970s and into the early 1980s, a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These cases were brought by people suffering from different types of mesothelioma, other asbestos-related diseases, or other ailments resulting from exposure to either finished or raw asbestos or products containing asbestos. The asbestos litigation became to the point that it led to an unique legal phenomenon referred to as "mass torts."

In this case, the term mass tort refers to a kind of lawsuit in which a large number of people are represented by a single lawyer or law firm. Plaintiffs face similar legal issues due to their exposure to asbestos. Cases are filed in various courts. The case load was so high that it led judges to develop special rules and procedures, as well as schedules for handling asbestos cases.

One of the first well-known asbestos class action lawsuits was filed in 1924 by a factory worker from Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a factory. She developed health issues due to the exposure. She asked her employer to pay for her medical treatments however, the company declined. Kershaw died in her 33s from fibrosis, a condition caused by asbestos particles.

Many companies that mined, produced or used asbestos-containing products attempted to hide the dangers of these deadly materials. By the 1960s and 70s medical journals and news magazines began to draw connections between asbestos and illnesses like mesothelioma. Asbestos ' dangers were so widely acknowledged that business executives could not keep it a secret.

Attorneys representing asbestos victims uncovered evidence of a conspiracy that existed between asbestos companies and manufacturers to cover up the dangers of asbestos. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company purposely concealed the dangers of asbestos in order to safeguard its profits.

The Third Case

In the latter part of the 1970s and into the in the early 1980s, an avalanche of asbestos-related 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 biggest obstacle to successful class action claims.

The dollar amount that a court will award a plaintiff for their asbestos-related injuries is determined by a variety of factors. The severity of mesothelioma diagnoses, the cost of treatment and the degree of suffering are all factors that are considered. Victims with a more serious diagnosis such as pleural plaques or mesothelioma require significant compensation in order to cover their financial costs. This includes lost wages and ongoing costs.

People suffering from asbestos-related illnesses like mesothelioma may need money from their settlement to cover expensive hospitalizations, treatment as well as home care or funeral expenses. They may also have to secure future earnings to make up for lost income due to their illness. A financial 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 the harm they caused.

Although there have been a number of successful mesothelioma group actions, it's usually more effective 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 cannot effectively represent all the victims' interests in a fair manner.

Consequently, Asbestos Law Firm individualized lawsuits are now more common than class action claims for asbestos victims. In fact, these lawsuits have been proven to offer victims greater compensation than a class action would provide.

An experienced mesothelioma attorney can assist families of victims seek justice by filing an individual lawsuit or VA benefits claim. An attorney can also help veterans get access to the top mesothelioma physicians and other resources that can help them improve their treatment outcomes. Contact us today for a no-cost consultation to get started on your legal journey.

The Fourth Case

The Borel case and the others like it led to the establishment of strict liability for asbestos manufacturers. However, many victims did not live to see the verdicts and settlements. Their families were left to pay for funeral expenses, medical bills and loss of companionship. It is important to work with mesothelioma lawyers who have expertise in these cases.

Asbestos suits must be filed before the time limit expires. This is a time period that varies from state to state and starts when the victim first suffered an asbestos-related injury or illness. Individuals should always consult an attorney with expertise in mesothelioma cases and can help them determine the best timeline to file an action.

A New York mesothelioma lawyer can assist victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. The process of suing can be complicated, so those individuals should be ready to go through it. Mesothelioma lawyers are with their clients at every step of the process to ensure that they receive the compensation that they are entitled to.

Asbestos lawyers must understand the science behind mesothelioma and other asbestos-related diseases. They should be able to construct strong arguments using the evidence from each case. This information can be gathered from medical records and workplace histories.

A mesothelioma lawyer should know how to read the law. They must also be competent in explaining legal concepts in a manner that is easy for people with limited knowledge of the law to comprehend. Mesothelioma attorneys should also be able connect their clients with experts who can provide insight into the details of their asbestos-related illnesses.

The asbestos litigation process in every state and the statutes of limitations should be well-known to the mesothelioma lawyers. They should be able to assist clients in filing a lawsuit with the appropriate court. Ultimately, the mesothelioma lawyers need to be capable of holding negligent asbestos manufacturers accountable and ensure that the victims receive the justice they need. Contact a knowledgeable asbestos law firm today for a free consultation.