Class Action Lawsuits and Mesothelioma
There are a myriad of ways to get compensation if you have been diagnosed as having mesothelioma. You can file either a personal injury suit or a wrongful-death suit if you have loved ones who have died of mesothelioma.
A mesothelioma lawyer can assist you determine which option is the best option for your particular 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 lawsuits were filed on behalf of people who suffered from mesothelioma or other asbestos-related diseases, or from complications relating to exposure raw or finished asbestos products or asbestos. The asbestos litigation grew so significant that it created an unique legal phenomenon referred to as "mass torts."
In this context mass tort is a type of lawsuit where many people is represented by one attorney or law firm. The cases are filed in a vast number of different courts, and the plaintiffs have the same legal issues as a result of their common exposure to asbestos. The case load was so high that it led judges to develop special rules, procedures and schedules to manage asbestos cases.
Nellie Kershaw, factory worker from Rochdale in England was the one who filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers when working in a factory. She was diagnosed with health issues as a result. Kershaw asked her employer to pay for her treatment however, the company declined. Kershaw died at 33 years old from lung fibrosis that was directly caused by the inhalation of asbestos dust particles.
Many companies that mined, manufactured or used asbestos-containing products attempted to hide the dangers of these deadly substances. In the 1960s and 70s, medical journals and news media began to draw connections between asbestos and diseases like mesothelioma. The information about asbestos's dangers was so widespread that it became impossible for corporate executives to keep the information from being kept secret.
Lawyers representing asbestos victims also uncovered evidence that asbestos companies and manufacturers conspired to hide asbestos's dangers. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company had deliberately covered up asbestos' dangers in order to protect its profits.
The Third Case
New Jersey courts were inundated with asbestos lawsuits in the late 1970s and 1980s. These cases overwhelmed the justice system, prompting attempts to streamline litigation through class action lawsuits. However, the complexity of each victim's individual exposure and symptoms have proven to be the greatest barrier to successful class action claims.
The court's decision about the amount a plaintiff receives for their asbestos injury depends on a myriad of factors. This includes the severity of a person's mesothelioma-related diagnosis, the cost of medical treatment, and the severity of their suffering. Patients with a more serious diagnosis, such as mesothelioma or pleural plaques require substantial compensation to cover their financial costs. This includes the loss of wages and ongoing expenses.
Individuals diagnosed with mesothelioma and other asbestos-related diseases require funds from their settlement or jury award to cover expensive treatments, hospitalizations and in-home medical care, as well as funeral expenses. They may also need to secure future earnings to replace their lost income due to their disease. A financial award could help victims and their families find peace of mind knowing that the company responsible is accountable.
Despite the fact that there have been numerous instances of mesothelioma-related class actions that have been successful, victims are often better off filing individual lawsuits. A class action cannot represent the interests of all victims in a fair and equitable manner due to the uniqueness of each asbestos exposure and the different mesothelioma types.
Consequently, individualized lawsuits are now more common than claims based on class action for asbestos victims. These lawsuits were found to give victims more compensation than class actions.
An experienced mesothelioma attorney can assist families of victims seek justice by filing an individual lawsuit or VA benefits claim. A lawyer can help veterans access top mesothelioma physicians and other resources to enhance their treatment outcomes. Get a free consultation today to begin your legal journey.
The Fourth Case
The Borel case, and others like it, helped establish strict liability of asbestos manufacturers. Many victims died before they could see the verdicts and settlements. Their families were left to pay for funeral expenses, medical bills and loss of companionship. This is why it's important to work closely with a mesothelioma law firm that has experience in these cases.
Asbestos asbestos injury lawyer suits must be filed before the statute of limitation expires. The time frame is different from state to state and begins when the victim suffered their first asbestos-related illness or injury. It is important to consult with mesothelioma lawyers who can help you determine the most suitable timeframe for filing a lawsuit.
A New York mesothelioma attorney can assist victims in filing claims against the companies that are responsible for their asbestos exposure. The litigation process can be complicated, so those individuals should be ready to go through it. The mesothelioma lawyers can be at their clients' side throughout the entire process to ensure that they get the compensation that they are entitled to.
Asbestos lawyers must be knowledgeable about the science of mesothelioma and other asbestos-related diseases. They must be able to construct strong arguments based on the evidence presented in every case. This can be done by analyzing information from medical records, work reports and other sources.
A mesothelioma lawyer needs to be able to read the law. They must also be capable of explaining legal concepts in a manner that is simple for those with limited knowledge of the law to understand. Mesothelioma lawyers should also be able connect their clients to experts who can give them insight into the details of their asbestos-related illnesses.
The asbestos litigation process in every state and the statutes of limitations should be known to mesothelioma lawyers. They should be able to assist clients in bringing a lawsuit before the appropriate court. The mesothelioma lawyers need to be in a position to hold accountable the negligent asbestos manufacturers and ensure that the victims receive the justice they need. Contact an asbestos law firm for a free consultation today.