Class Action Lawsuits and Mesothelioma
There are a myriad of ways to get compensation if you've been diagnosed as having mesothelioma. 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 attorney can help you choose the option that is the best option for your particular situation.
The First Case
In the late 1970s and into the early 1980s, a flood of asbestos cases began to overwhelm the New Jersey judiciary system. These cases were brought on behalf of those who were suffering from mesothelioma and other asbestos-related diseases, or from complications relating to exposure raw or finished asbestos products or asbestos. The asbestos lawsuit grew so large that it spawned an unusual legal phenomenon referred to as "mass torts."
In this context mass tort is a type of lawsuit where many individuals are represented by one lawyer or law firm. Plaintiffs face similar legal problems due to their exposure to asbestos. Cases are filed in many different courts. The number of cases filed was so high that judges were compelled to develop specialized rules, procedures and schedules for handling asbestos cases.
Nellie Kershaw, factory worker from Rochdale in England she filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She suffered health issues as a result. Kershaw asked her employer to pay for her treatments, but the company refused. Kershaw died at the age of 33 from lung fibrosis that was directly caused by the inhalation of asbestos particles.
Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and tried to conceal their dangers. But by the 1960s and 1970s the links between asbestos and illnesses such as mesothelioma became well-known in medical journals and other major news publications. Asbestos dangers were so widely acknowledged that business executives could not keep the information secret.
Lawyers representing asbestos victims also discovered evidence that asbestos companies and manufacturers conspired to conceal asbestos' dangers. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville discovered that the company had deliberately covered up asbestos' dangers in order to safeguard its profits.
The Third Case
New Jersey courts were inundated with asbestos lawsuits during the latter part of the 1970s and 1980s. These cases overwhelmed the judicial system which led to efforts to streamline litigation by utilizing class action suits. However, the complexities of each victim's specific circumstances and symptoms have proven to be the greatest barrier to a successful class action claim.
St. George asbestos lawsuits on the dollar amount an individual plaintiff receives for their asbestos injury depends on numerous factors. The severity of the mesothelioma diagnosis, the cost of treatment and the degree of suffering are all elements that can be considered. Victims who have had a more serious diagnosis, like those who have pleural plaques, or mesothelioma, often require significant compensation to cover a range of financial expenses, including lost wages and ongoing healthcare costs.
Patients diagnosed with mesothelioma or other asbestos-related illnesses 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 make up for lost income due to their illness. A financial award could aid a victim and his/her family find peace of mind in knowing that the company responsible for their asbestos exposure is accountable for the harm they caused.
Despite the fact that there have been numerous instances of successful mesothelioma class actions however, patients are usually better off filing individual lawsuits. A class action cannot represent the interests of all victims in a fair way due to the uniqueness of each asbestos exposure and the different mesothelioma diagnoses.
Therefore, individual lawsuits are now more common than class action claims for asbestos victims. In fact the lawsuits have been found to offer victims more compensation than a class action would provide.
A mesothelioma attorney can help victims and families get justice through filing a lawsuit or VA benefit claim. A lawyer can also assist veterans find access to top mesothelioma doctors and other resources that can help them improve their treatment outcomes. Begin your legal journey today by requesting a no-cost consultation with an attorney.
The Fourth Case
The Borel case, as well as others like it led to the establishment of an obligation of strict liability for asbestos producers. However, many victims were not alive to witness the verdicts and settlements. Instead, their families were left with funeral costs, medical bills, and the loss of companionship. This is why it is important to work closely with a mesothelioma law firm that has experience in these types of claims.
Asbestos lawsuits must be filed within the statute of limitations. This is a period that is different for each state and begins when the victim first was injured by asbestos or suffered an illness. It is recommended that individuals consult an attorney who is specialized in mesothelioma cases 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. The litigation process is a bit complicated, and those individuals should be ready to go through it. However, mesothelioma lawyers can be by their client's side throughout the way to ensure that they receive the compensation they are entitled to.
Asbestos attorneys must be familiar with the science behind asbestosis, mesothelioma and other asbestos-related diseases. They should be able build strong cases using the evidence in every case. This can include information gathered from medical records, workplace reports, and other sources.
A mesothelioma lawyer must be able to comprehend the law. They must be capable of explaining legal concepts in a manner that is simple for those with no knowledge of the law to understand. In addition mesothelioma lawyers should also be able to connect their clients to experts who can provide insight into the complex details of their asbestos-related illnesses.
The asbestos litigation process in each state and the statutes of limitation should be well-known to mesothelioma lawyers. They should be able assist their clients in filing a lawsuit at the appropriate court. Mesothelioma lawyers should be able, in the end to ensure that negligent asbestos producers are held accountable and get victims the justice they are entitled to. Contact an asbestos law firm for a no-cost consultation today.