Class Action Lawsuits and Mesothelioma
There are a myriad of ways to get compensation if diagnosed with mesothelioma. You can make a personal injury claim or, if a loved ones have died due to mesothelioma you can file a wrongful death lawsuit.
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 overwhelm the New Jersey judiciary system. These claims were filed on behalf of individuals 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 litigation became so significant that it created an unusual legal phenomenon referred to as "mass torts."
In this case, the term mass tort is a term used to describe a type of lawsuit where a significant number of people are represented by one attorney or law firm. Appleton asbestos lawsuit have similar legal issues due to their exposure to asbestos. Cases are filed in many different courts. The case load was so high that it led judges to create specialized rules, procedures and schedules to manage asbestos cases.
Nellie Kershaw, factory worker from Rochdale in England she filed one of the first known asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers while working in a factory. She was diagnosed with health issues due to the exposure. She asked her employer to pay for her treatment, however, the company declined. Kershaw passed away at 33 years old of lung fibrosis that was directly caused by exposure to asbestos particles.
Many companies that mined, manufactured or used asbestos or asbestos-containing products attempted to hide the dangers of these dangerous materials. By the 1960s and 70s, medical journals and news publications began to draw connections between asbestos and diseases such as mesothelioma. Asbestos ' dangers were so widely recognized that executives of companies could not keep the information secret.
Attorneys representing asbestos victims have also discovered evidence that asbestos firms and manufacturers conspired to hide asbestos's dangers. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company purposely concealed the dangers of asbestos to safeguard its profits.
The Third Case
New Jersey courts were inundated with asbestos lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judiciary, leading to attempts to streamline litigation through class action lawsuits. However, the complexities of each victim's unique exposure and symptoms have proven to be the biggest obstacle to the success of class action lawsuits.
The dollar amount that a court will award a plaintiff for their asbestos-related injuries is determined by dozens of factors. These include the severity of a mesothelioma diagnosis, the expense of medical treatment, and the extent of their suffering. Victims with a more serious diagnosis like pleural plaques or mesothelioma require substantial compensation to cover their financial expenses. This includes lost wages and ongoing costs.
Patients diagnosed with mesothelioma or other asbestos-related illnesses require money from their settlement or jury award to pay for expensive hospitalizations, treatments as well as in-home care or funeral costs. They might also need to ensure future earnings to make up for the income they lost due to their disease. A cash award can help victims and their families have peace of mind knowing that the responsible company has been held accountable.
Despite the fact that there have been a number of mesothelioma-related class actions that have been successful however, patients are usually better to file individual lawsuits. The individuality of each asbestos exposure case and the differences between mesothelioma diagnoses differ, which means that a class-action lawsuit will not effectively represent all victims' interests in a fair and equitable manner.
Therefore, individual lawsuits have become more popular than claims based on class action for asbestos victims. These lawsuits were found to give victims more compensation than class actions.
A mesothelioma attorney can help victims and families to seek justice by filing a lawsuit or VA benefit claim. An attorney can also help veterans find access to top mesothelioma physicians and other resources that could enhance their treatment outcomes. Contact us today for a no-cost consultation to get started on your legal journey.
The Fourth Case
The Borel case, and other similar cases, helped establish an obligation of strict liability for asbestos producers. Many victims died before they were able to see the verdicts and settlements. Instead, their families were left with funeral expenses and medical bills, as well as the loss of companionship. This is why it's important to work closely with a mesothelioma attorney who has experience with these cases.
Asbestos suits must be filed before the statute of limitation expires. The time frame varies from state to state, and begins at the point that the victim has suffered their first asbestos-related injury or illness. Individuals should always consult an attorney who specializes in mesothelioma cases and can assist them in determining the best timeline to file 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. Those individuals should be prepared for the legal process, since it can be a complex process. However, the mesothelioma attorneys will be at their client's assistance every step of the way to ensure that they receive the money they deserve.
Asbestos attorneys must be familiar with the research behind asbestosis, mesothelioma and other asbestos-related diseases. They must be able to create solid cases based on the evidence of each individual case. This information can be gleaned from medical records and workplace history.
A mesothelioma attorney must be able to read the law. They must be competent in explaining legal concepts in a way that is easy for people with limited knowledge of the law to understand. Mesothelioma attorneys should also be able connect their clients to experts who can provide them with insight into the details of their asbestos-related illnesses.
Mesothelioma lawyers must be knowledgeable about the asbestos litigation process as well as the statute of limitations in every state. They must also be able to help their clients file an appropriate lawsuit in the right court. The mesothelioma lawyers need to be in a position to hold accountable the negligent asbestos manufacturers and provide the victims with the justice they need. Contact an asbestos law firm for a free consultation today.