Class Action Lawsuits and Mesothelioma
If you have been diagnosed with mesothelioma there are a variety of ways to get compensated. You can make a personal injury claim or, if your loved one has died from mesothelioma, you may make a wrongful death claim.
A mesothelioma lawyer can assist you decide which option is best for you.
The First Case
In the latter part of the 1970s until the beginning of the 1980s, a flurry of asbestos cases began to overtake the New Jersey judiciary system. These claims were brought by individuals suffering from various types of mesothelioma, other asbestos 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 where a significant number of people are represented by a single attorney or law firm. The plaintiffs are faced with similar legal issues due to their asbestos exposure. Cases are filed in various courts. The number of asbestos cases so large that judges had to develop specific rules, procedures, and schedules.
One of the first asbestos class action lawsuits was filed in 1924 by a factory worker from Rochdale, England named Nellie Kershaw. Kershaw was employed in a factory which made asbestos fibers into yarn, and she suffered health issues due to the exposure. Kershaw asked her employer to cover her treatment, but the company refused. Kershaw passed away in her 33s from fibrosis, a condition caused by asbestos particles.
Many companies that mined asbestos made asbestos-containing products, and tried to conceal their dangers. In Santa Clara asbestos lawyers and 70s, medical journals and news publications began to make connections between asbestos and diseases such as mesothelioma. Asbestos's dangers were so well acknowledged that business executives could not keep it a secret.
In addition, attorneys representing asbestos victims have discovered evidence of the collusion between asbestos companies and manufacturers to conceal asbestos's dangers. For instance, the personal papers of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville were discovered and revealed that the company had knowingly concealed the risks of asbestos to protect their profits.
The Third Case
In the late 1970s and early 1980s, a flurry of asbestos lawsuits began to inundate New Jersey courts. These cases overwhelmed the judicial systems and led to efforts to streamline litigation through class action suits. However, the complexity of each victim's specific exposure and symptoms have proven to be the greatest barrier to successful class action claims.
The court's decision about the dollar amount a plaintiff receives for their asbestos-related injury is based on numerous factors. The severity of mesothelioma diagnoses, the cost of treatment and the degree of suffering are all factors that are considered. Victims who have been diagnosed with a more severe diagnosis, like those with pleural plaques or mesothelioma, often require significant compensation to cover a variety of financial costs, including the loss of wages and ongoing medical costs.
Patients diagnosed with mesothelioma or other asbestos-related illnesses require funds from their settlement or jury award to pay for expensive hospitalizations, treatments as well as in-home care or funeral costs. They may also require find future income to make up for the loss of income due to their illness. A cash award can aid victims and their families find peace of mind knowing that the company responsible is accountable.
Although there have been a number of successful mesothelioma class actions, it is usually more beneficial for victims to file individual lawsuits. The unique nature of each asbestos exposure case and the differences between different mesothelioma diagnoses mean that a class action cannot effectively represent all victims' interests in a fair and equitable manner.
As as a result, asbestos sufferers are more likely to pursue individual lawsuits than they are to file class action claims. These lawsuits were found to offer victims more compensation than class actions.
A mesothelioma lawyer with experience can help families of victims seek 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 the others similar cases helped establish the strict liability of asbestos producers. However, many of the victims did not live to see the settlements and verdicts. Their families were left to pay for funeral costs, medical bills and loss of companionship. This is why it's crucial to partner with a mesothelioma attorney with experience in these claims.
Asbestos lawsuits must be filed within the prescribed time of limitations. This time period is different from state to state and begins at the point that the victim has suffered their first asbestos-related illness or injury. Individuals should always work with an attorney who specializes in mesothelioma lawsuits and can assist them in determining the best timeline to file lawsuit.
A New York mesothelioma attorney can assist victims to file a claim against the businesses responsible for their asbestos exposure. Those individuals should be prepared to undergo the process of litigation, as it can be complex. The mesothelioma lawyers will be at their clients' side throughout the entire process to ensure they receive the amount they are entitled to.
Asbestos lawyers must be acquainted with the research behind mesothelioma, asbestosis and other asbestos-related diseases. They should also be able to build solid cases using the evidence from each case. This could include information gathered from medical records, work reports and other sources.
A mesothelioma lawyer must be able to read the law. They must be capable of explaining legal concepts in a manner that is easy for people with limited knowledge of the law to understand. Mesothelioma lawyers should also be able connect their clients to experts who can give them an understanding of the details of their asbestos-related injuries.
The mesothelioma lawyers should be aware of the asbestos litigation process as well as the statute of limitations in each state. They should be able to assist their clients in bringing a lawsuit before the appropriate court. The mesothelioma attorneys must be competent, at the end to make negligent asbestos producers accountable and ensure that victims receive the justice they are entitled to. Contact a reputable asbestos law firm today to get an initial consultation for free.