Class Action Lawsuits and Mesothelioma
If you've been diagnosed with mesothelioma there are a variety of ways to get compensated. You can make a personal injury claim or, if a loved one has passed away from mesothelioma you can make a wrongful death claim.
A mesothelioma attorney can help you determine the best option for your situation.
The First Case
In the latter part of the 1970s until the beginning of the 1980s, a flurry of asbestos cases began to overwhelm the New Jersey judiciary system. These lawsuits were filed on behalf of those who suffered from mesothelioma or other asbestos-related illnesses, or complications due to exposure to raw or finished asbestos products or asbestos. The asbestos litigation became so significant that it created a unique legal phenomenon known as "mass torts."
In this context the term "mass tort" refers to a kind of lawsuit where a significant number of people are represented by one lawyer or law firm. Plaintiffs face similar legal issues as a result of their exposure to asbestos. The cases are filed in various courts. The number of asbestos cases was so high that judges had to develop special rules, procedures, and schedules.
Nellie Kershaw, factory worker from Rochdale in England, filed one of the first asbestos class action lawsuits in 1924. Kershaw worked in a plant which made asbestos fibers into yarn and she was diagnosed with health issues due to her exposure. Her employer asked her to cover her treatment, but the company denied. Kershaw died at 33 years old of lung fibrosis that was directly caused by the inhalation of asbestos dust particles.
Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and tried to hide their risks. In the 1960s and 1970s, correlations between asbestos and diseases like mesothelioma began to be well-known in medical journals and major news publications. The information about the dangers of asbestos was so widespread that it was impossible for company executives to keep the knowledge to themselves.
Lawyers representing asbestos victims also discovered evidence that asbestos firms and manufacturers conspired to cover up 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 purposely 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 justice system, prompting attempts to streamline litigation through class action lawsuits. However, the complexities of each victim's individual vulnerability and symptoms have proved to be the biggest obstacle to the success of class action lawsuits.
The court's decision about the amount an individual plaintiff receives for their asbestos injury depends on a myriad of factors. These include the severity of a person's mesothelioma diagnosis, the cost of medical treatments, and the severity of their suffering. Victims with a more severe diagnosis like mesothelioma or pleural plaques require substantial compensation to cover their financial expenses. This includes lost wages and ongoing costs.
Individuals with asbestos-related diseases such as mesothelioma may require money from their settlement to cover expensive treatment, hospitalizations as well as home care or funeral expenses. They may also need to find future income to make up for lost income due to their disease. A monetary award can help a victim and their family members feel at ease, knowing that the company responsible for their asbestos exposure is accountable for their harm.
Despite the fact that there have been numerous instances of mesothelioma-related class actions that have been successful the majority of victims are better in pursuing individual lawsuits. The individuality of each asbestos exposure case and the differences between different mesothelioma diagnoses means that a class action cannot effectively represent all victims' interests in a fair manner.
As the result, asbestos victims are more likely to file individual lawsuits than they are to file claims in a class. These lawsuits were found to offer victims more compensation than class actions.
An experienced mesothelioma attorney can assist families of victims pursue justice through filing a personal lawsuit or VA benefits claim. A lawyer can help veterans access top mesothelioma physicians and other resources to improve their treatment outcomes. Begin Sunnyvale asbestos attorneys by scheduling a an initial consultation with an attorney.
The Fourth Case
The Borel case and others similar cases have helped establish strict liability for asbestos manufacturers. Many victims passed away before they could receive the settlements and verdicts. Instead their families were left with funeral expenses, medical bills, and the loss of companionship. This is why it's crucial to partner with a mesothelioma law firm that has experience in these claims.
Asbestos lawsuits must be filed within the timeframe of limitations. The deadline varies from state to state and starts at the point that the victim suffered their first asbestos-related illness or injury. Individuals should always consult an attorney who specializes in mesothelioma lawsuits and can help them determine the most appropriate timeframe to file a lawsuit.
A New York mesothelioma lawyer can aid victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. Individuals who suffer from asbestos should be prepared for the litigation process, as it can be a complex process. The mesothelioma lawyers can be with their clients at every step of the process to ensure that they receive the amount they deserve.
Asbestos lawyers should be familiar with the science behind asbestosis, mesothelioma and other asbestos-related diseases. They should be able to build solid arguments using the evidence presented in each case. This can be done by analyzing information from medical records, workplace histories and other sources.
A mesothelioma lawyer must be able to comprehend the law. They should be able to explain legal concepts to people who have limited knowledge of the law. Mesothelioma lawyers should be able to connect their clients with experts who can give them an understanding of the details of their asbestos-related illnesses.
The mesothelioma attorneys should be knowledgeable about the asbestos litigation process as well as the statute of limitations in every state. They should be able assist their clients in filing a lawsuit with the appropriate court. Ultimately, the mesothelioma lawyers should be in a position to hold 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.