Class Action Lawsuits and Mesothelioma
If you have been diagnosed with mesothelioma, there are a variety of options to seek compensation. You can file a personal injury suit or a wrongful-death suit in the case of loved ones who have died of mesothelioma.
A mesothelioma lawyer can assist you decide on the best choice for your specific situation.
The First Case
In the late 1970s and into the early 1980s, a flood of asbestos cases began to overtake the New Jersey judiciary system. These cases were brought by people suffering from different types of mesothelioma, asbestos-related diseases, and other complications related to exposure to raw or finished asbestos or products containing asbestos. The asbestos litigation was so significant that it led to an uncommon legal phenomenon known as "mass torts."
In this sense mass tort refers to a type lawsuit in which an entire group of people is represented by one lawyer or law firm. The cases are filed in a wide number of courts and the plaintiffs face similar legal issues resulting from their common exposure to asbestos. The number of asbestos cases so numerous that judges needed to create specific rules, procedures, and schedules.
Omaha asbestos attorneys , a factory worker from Rochdale in England was the one who filed one of the earliest known asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She was diagnosed with health issues due to the exposure. She asked her employer to pay for her treatment but the company denied. Kershaw passed away at 33 years old of lung fibrosis that was directly caused by inhalation of asbestos dust particles.
Many companies that mined, produced or used asbestos or asbestos-containing products tried to hide the dangers of these deadly materials. In the 1960s and 1970s medical journals and news publications began to make connections between asbestos and diseases such as mesothelioma. The information about asbestos' dangers was so widespread that it was impossible for executives of companies to keep the knowledge from being kept secret.
Attorneys representing asbestos victims have also discovered evidence that asbestos firms and manufacturers conspired to cover up the dangers of asbestos. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company had deliberately concealed the dangers of asbestos to safeguard its profits.
The Third Case
New Jersey courts were inundated with asbestos-related lawsuits in the latter part of the 1970s and 1980s. These cases overwhelmed the judiciary, leading to attempts to streamline litigation through class action lawsuits. The difficulty of each victim's specific symptoms and their exposure has proved to be the biggest barrier to claims for class action.
The amount of money a court will award a plaintiff for their asbestos-related injury is determined by a variety of factors. The severity of mesothelioma diagnoses, the cost of treatment and the extent of suffering are all factors that are taken into consideration. Victims with a more serious diagnosis such as mesothelioma or pleural plaques require significant compensation in order to pay for their financial obligations. This includes lost wages and ongoing costs.
Patients suffering from asbestos-related diseases like mesothelioma might require funds from the settlement to pay for expensive hospitalizations, treatment, home care, or funeral expenses. They may also require secure future earnings to replace their lost income due to their disease. A monetary award can help a victim and their family find peace of mind knowing that the business responsible for their asbestos exposure is accountable for the harm they caused.
While there have been several successful mesothelioma-related class actions, it is often more effective for victims to pursue individual lawsuits. The distinct nature of each asbestos exposure case and the differences between different mesothelioma diagnoses means that a class-action lawsuit will not effectively represent all victims' interests in a fair manner.
As a result, asbestos victims are more likely to pursue individual lawsuits than they are to file claims in a class. These lawsuits were found to give victims more compensation than class actions.
A mesothelioma lawyer can help victims and families to seek justice by filing a lawsuit or VA benefit claim. An attorney can also help veterans access top mesothelioma specialists and other resources that could enhance their treatment results. Get started on your legal journey today by scheduling a no-cost consultation with an attorney.
The Fourth Case
The Borel case, and others similar cases, helped establish strict liability of asbestos manufacturers. However, many of the victims were not alive to witness 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 lawyer that has experience in these types of claims.
Asbestos lawsuits must be filed before the statute of limitation expires. This is a period that varies by state and begins when the victim has suffered an asbestos-related injury or illness. It is important to consult with a mesothelioma lawyer who can determine the best timeframe for filing an action.
A New York mesothelioma attorney can assist victims to file an action against the companies that are responsible for their asbestos exposure. Those individuals should be prepared for the legal process, since it is often a complicated process. The mesothelioma lawyers will be there for their clients throughout the entire process to ensure that they get the compensation that they are entitled to.
Asbestos lawyers need to be aware of the science behind mesothelioma and other asbestos-related diseases. They should be able to construct strong cases using the evidence from each individual case. This could include information gathered from medical records, work histories and other sources.
A mesothelioma lawyer should be able to read the law. They should be able to explain legal concepts to people who are not familiar with the law. Additionally, mesothelioma lawyers should be capable of connecting 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 limitations should be known to mesothelioma lawyers. They should be able to assist clients in filing a lawsuit at the appropriate court. Ultimately, the mesothelioma lawyers must be capable of holding accountable negligent asbestos manufacturers and provide the victims with the justice they deserve. Contact an asbestos law firm for a free consultation today.