Class Action Lawsuits and Mesothelioma
If you have been diagnosed with mesothelioma, there are several options to seek compensation. You can file a personal injury lawsuit or, if a loved ones have died due to mesothelioma, you may make a wrongful death claim.
A mesothelioma attorney can help you decide which option is the best option for your particular situation.
The First Case
In the late 1970s through the early 1980s a flood of asbestos cases began to overtake the New Jersey judiciary system. These cases were brought on behalf of those who suffered from mesothelioma or other asbestos-related diseases, or complications related to exposure to raw or finished asbestos products or asbestos. The asbestos litigation became so important that it spawned an unusual 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 a single attorney or law firm. Plaintiffs face similar legal problems due to their asbestos exposure. The cases are filed in many different courts. The number of asbestos cases so numerous that judges needed to develop special rules, procedures and schedules.
One of the first well-known asbestos class action lawsuits was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw worked in a factory which spun asbestos fibers into yarn and she developed health problems as a result of her exposure. Her employer was able to pay for her medical treatments but they refused. Kershaw died in her 33s due to fibrosis. Greenville asbestos lawsuits was caused by asbestos particles.
Many companies that mined, manufactured or used asbestos-containing products attempted to hide the dangers of these dangerous substances. However, by the 1960s and 1970s, correlations between asbestos and ailments such as mesothelioma became widely known in medical journals and other major news publications. Asbestos's dangers were so well recognized that executives of companies could not keep the information secret.
Attorneys representing asbestos victims have also uncovered evidence that asbestos companies and manufacturers conspired to hide asbestos' dangers. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville, were discovered that revealed that the company knew about the risks of asbestos to safeguard their profits.
The Third Case
In the late 1970s and early 1980s, a flurry of asbestos lawsuits began to flood New Jersey courts. These cases overwhelmed the judiciary, leading to attempts to streamline litigation with 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 on the amount of money the plaintiff is awarded for their asbestos-related injury is based on a variety of factors. These include the severity of a person's mesothelioma diagnosis, the expense of medical treatments, as well as the extent of their suffering. Victims with a more severe diagnosis such as mesothelioma or pleural plaques, require significant compensation in order to cover their financial expenses. This includes the loss of wages and ongoing expenses.
Individuals with asbestos-related diseases like mesothelioma may need money from their settlement to cover expensive treatment, hospitalizations, home care, or funeral costs. They may also require find future income to make up for lost income due to their illness. A financial award could help victims and their families find peace of mind knowing that the responsible company is accountable.
While there have been several successful mesothelioma class actions, it is usually more beneficial for victims to pursue individual lawsuits. The individuality of each asbestos exposure case and the differences between different mesothelioma diagnoses mean that a class action will not effectively represent all victims' interests in a fair and equitable manner.
In the end, individual lawsuits have become more popular than claims based on class action for asbestos victims. These lawsuits have been found to provide victims more compensation than class actions.
A mesothelioma lawyer can help families and victims to seek justice by filing a lawsuit or VA benefit claim. An attorney can assist veterans access top mesothelioma physicians and other resources to improve their treatment outcomes. Begin your legal journey today by requesting a free consultation with an attorney.
The Fourth Case
The Borel case, and other like it, helped establish the strict liability of asbestos manufacturers. Many victims died before they could see the settlements and verdicts. Instead their families were left with funeral costs and medical bills, as well as the loss of companionship. It is crucial to find mesothelioma lawyers who have experience in these cases.
Asbestos lawsuits must be filed within the statute of limitations. The deadline differs from state to state, and begins when the victim was diagnosed with their first asbestos-related injury or illness. It is recommended that individuals consult an attorney who is specialized in mesothelioma cases and can help them determine the most appropriate timeframe to file a lawsuit.
A New York mesothelioma lawyer can help victims file an individual claim against the companies that are responsible for their exposure to asbestos. The litigation process can be complicated, so the people who are affected should be prepared to go through it. The mesothelioma lawyers will be with their clients at throughout the entire process to ensure that they get the compensation that they deserve.
Asbestos lawyers should be familiar with the research behind mesothelioma, asbestosis, and other asbestos-related diseases. They must be able to construct solid cases using the evidence from each individual case. This could include information gathered from medical records, work histories, and other sources.
A mesothelioma lawyer needs to know how to read the law. They must be able to explain legal concepts to those who have limited knowledge of the law. Additionally mesothelioma lawyers should also be in a position to connect their clients with experts who are able to provide information on the complicated details of their asbestos-related injuries.
Mesothelioma lawyers must be aware of the asbestos litigation process and the statute of limitations in each state. They must also be able to assist their clients in filing an appropriate lawsuit in the right court. The mesothelioma lawyers need to 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 free consultation today.