Class Action Lawsuits and Mesothelioma

There are a variety of options to seek compensation if you've been diagnosed with mesothelioma. You can file either a personal injury suit or a wrongful-death suit when you have a loved one who passed away from mesothelioma.

A mesothelioma lawyer can help you choose the best solution for your specific situation.

The First Case

In the late 1970s and early 1980s, an avalanche of asbestos attorney cancer lawyer mesothelioma-related cases began to take over the New Jersey judicial system. These claims were filed by people suffering from various types of mesothelioma, asbestos-related diseases, Asbestos Attorney Cancer Lawyer Mesothelioma or other ailments resulting from exposure to either finished or raw asbestos or products containing asbestos. The asbestos litigation was so significant that it led to an uncommon legal phenomenon called "mass torts."

In this case the term "mass tort" refers to a type of lawsuit where a significant number of people are represented by one attorney or law firm. The cases are filed in a vast number of courts and the plaintiffs face similar legal issues resulting from their common exposure to asbestos. The volume of cases was so huge that judges were compelled to develop specialized rules, procedures and schedules to manage asbestos cases.

Nellie Kershaw, a factory worker from Rochdale in England was the one who filed one of the first asbestos class action lawsuits in 1924. Kershaw worked in a factory which spun asbestos fibers into yarn, and she developed health problems as a result of the exposure. Kershaw asked her employer to cover her treatment, however, the company declined. Kershaw passed away in her 33s from fibrosis, a condition caused by asbestos particles.

Many companies that mined, made or used asbestos or asbestos-containing products attempted to hide the dangers of these dangerous materials. In the 1960s and 1970s medical journals and news publications began to make connections between asbestos and diseases such as mesothelioma. Asbestos dangers were so widely recognized that executives of companies could not keep the information secret.

Lawyers representing asbestos victims also discovered evidence that asbestos companies and manufacturers conspired to cover up asbestos' dangers. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company purposely kept asbestos's dangers a secret to protect its profits.

The Third Case

In the late 1970s and early 1980s, a flurry of asbestos-related lawsuits began to inundate New Jersey courts. These cases overwhelmed the judicial system and led to efforts to streamline litigation through class action suits. However, the complexity of each victim's unique exposure and symptoms have proven to be the most significant obstacle to the success of class action lawsuits.

The dollar amount that a court will award a plaintiff for their asbestos injury is determined by a variety of factors. The severity of mesothelioma diagnosis, the cost of treatment, and the level of suffering are all factors that can be considered. Victims who have suffered an even more severe diagnosis, such as those suffering from pleural plaques or mesothelioma, often require substantial compensation to cover a variety of financial expenses, including lost wages and ongoing healthcare costs.

Individuals diagnosed with mesothelioma and other asbestos-related diseases require funds from their settlement or jury award to pay for expensive hospitalizations, treatments as well as in-home care or funeral expenses. They may also have to find future income to replace their lost income due to their illness. A cash award can aid the families of victims have peace of mind knowing that the company responsible is accountable.

While there have been several successful mesothelioma group actions, it is usually more efficient for patients to file individual lawsuits. The unique nature of each asbestos exposure case and the different characteristics between mesothelioma diagnoses differ, which means that a class action will not effectively represent all the victims' interests in a fair manner.

Consequently, Asbestos attorney cancer lawyer mesothelioma individualized lawsuits have become more common than class action claims for asbestos victims. These lawsuits have been found to provide victims more compensation than class actions.

A mesothelioma lawyer 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 physicians and other resources that could enhance their treatment results. Begin your legal journey today by scheduling a no-cost consultation with an attorney.

The Fourth Case

The Borel case and others similar cases have helped establish strict liability for asbestos manufacturers. Many victims died before they were able to see the verdicts and settlements. Their families were left to pay for funeral expenses, medical bills and lost companionship. It is crucial to choose mesothelioma attorneys who have expertise in these types of cases.

Asbestos lawsuits must be filed within the prescribed time of limitations. This is a time frame that varies by state and starts when the victim first was injured by asbestos or suffered an illness. It is important to consult with mesothelioma lawyers who will determine the ideal timeframe for filing an action.

A New York mesothelioma attorney can help victims file an action against the businesses responsible for their asbestos exposure. The litigation process isn't easy, so the people who are affected should be prepared to go through it. However, the mesothelioma attorneys will be at their client's side every step of the way to ensure that they receive the money they deserve.

Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related illnesses. They must be able to construct strong arguments based on the evidence that is 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 read the law. They should also be capable of explaining legal concepts in a manner that is simple for those with limited knowledge of the law to understand. 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.

Mesothelioma lawyers must be knowledgeable about the asbestos litigation process as well as the statute of limitations for every state. They must also be able to help their clients file an appropriate lawsuit in the right court. Ultimately, the mesothelioma lawyers need to be able to hold negligent asbestos manufacturers accountable and provide the victims with the justice they deserve. Contact an experienced asbestos law firm today to get a free consultation.