Class Action Lawsuits and Mesothelioma
There are a variety of ways to receive compensation if you've been diagnosed with mesothelioma. You can bring a personal injury lawsuit or, if your loved one has passed away from mesothelioma, you can make a wrongful death claim.
A mesothelioma attorney can help you decide on the best choice for your situation.
The First Case
In the latter part of the 1970s until the beginning of the 1980s, a flurry of asbestos-related cases began to overwhelm the New Jersey judiciary system. These claims were brought by individuals suffering from various kinds of mesothelioma and other asbestos-related diseases, or other ailments resulting from exposure to finished or raw asbestos or products containing asbestos. The asbestos litigation became so important that it created an unusual legal phenomenon known as "mass torts."
In this context mass tort is a type of lawsuit where many individuals are represented by one attorney or law firm. Rialto asbestos attorney have similar legal issues as a result of their asbestos exposure. The cases are filed in a variety of courts. The number of cases filed was so huge that judges were compelled to develop special rules, procedures and schedules to handle asbestos cases.
One of the first well-known asbestos class action lawsuits was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw was employed in a factory which made asbestos fibers into yarn, and she suffered health issues as a result of her exposure. Kershaw asked her employer to pay for her medical treatments however, the company declined. Kershaw passed away at 33 years old from lung fibrosis, which was directly caused by exposure to asbestos particles.
Many companies that mined, made or used asbestos or asbestos-containing products tried to conceal the dangers of these deadly substances. In the 1960s and 1970s medical journals and news magazines began to make connections between asbestos and illnesses like mesothelioma. The information about asbestos's dangers was so widespread that it was impossible for corporate executives to keep the information to themselves.
In addition, attorneys representing asbestos victims have discovered evidence of a collaboration between asbestos-related companies and manufacturers to hide the dangers of asbestos. For instance, the personal papers of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville were discovered and showed the company knowingly concealed the risks of asbestos to protect their profits.
The Third Case
New Jersey courts were inundated with asbestos-related lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judicial systems and led to efforts to streamline litigation through class action suits. However, the complexities of each victim's specific vulnerability and symptoms have proved 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. This includes the severity of a mesothelioma-related diagnosis, the cost of medical treatment, and the extent of their suffering. Victims who have been diagnosed with a more serious diagnosis, such as those who have pleural plaques, or mesothelioma, often require significant compensation to cover a wide range of financial expenses, such as the loss of wages and ongoing medical costs.
Patients diagnosed with mesothelioma or other asbestos illnesses need the money from their settlement or jury award to cover expensive treatments, hospitalizations as well as in-home care or funeral costs. They may also need to secure future earnings to replace their lost income due to their disease. A financial award could aid the families of victims have peace of mind knowing that the company responsible is accountable.
Despite the fact that there have been a variety of successful mesothelioma-related class actions however, patients are usually better to file individual lawsuits. The individuality of each asbestos exposure case as well as the differing characteristics between different mesothelioma diagnoses mean that a class action cannot effectively represent all victims' interests in a fair manner.
In the end, individual lawsuits are now more common than claims based on class action for asbestos victims. These lawsuits were found to give victims more compensation than class actions.
An experienced mesothelioma lawyer can help families of victims pursue justice by filing a lawsuit on their own or VA benefits claim. A lawyer can also assist veterans access top mesothelioma doctors and other resources that can help them improve their treatment outcomes. Get started on your legal journey today by requesting a an initial consultation with an attorney.
The Fourth Case
The Borel case and other similar to it have helped establish the legal liability of asbestos manufacturers. However, many of the victims did not live to see the verdicts and settlements. Instead their families were left with funeral expenses as well as medical bills and the loss of companionship. It is crucial to work with mesothelioma lawyers who have prior experience in these kinds of cases.
Asbestos lawsuits must be filed within the statute of limitations. The time frame differs from state to state, and begins at the point that the victim was diagnosed with their first asbestos-related illness or injury. It is crucial to consult with a mesothelioma lawyer who can determine the best timeframe for filing a lawsuit.
A New York mesothelioma attorney can assist victims in filing an action against the businesses responsible for their asbestos exposure. The litigation process can be complicated, so the people who are affected should be prepared to go through it. However, mesothelioma lawyers will be at their client's side throughout the way to ensure they receive the money they are entitled to.
Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related illnesses. They should be able build strong cases using the evidence that is presented in every case. This can be done by analyzing information from medical records, work reports, and other sources.
A mesothelioma lawyer should be able to comprehend the law. They should be able to explain legal concepts to those who are not familiar with law. Additionally mesothelioma lawyers should be in a position to connect their clients to experts who can give insight into the intricate details of their asbestos-related illnesses.
Mesothelioma lawyers must be familiar with the asbestos litigation process as well as the statute of limitations in each state. They should be able to assist their clients in filing a lawsuit with the appropriate court. In the end, mesothelioma lawyers should be capable of holding accountable the negligent asbestos manufacturers and provide the victims with the justice they deserve. Contact a reputable asbestos law firm today for a free consultation.