Class Action Lawsuits and Mesothelioma
There are a variety of ways to get compensation if you have been diagnosed as having mesothelioma. You can bring a personal injury lawsuit or, if a loved ones have died due to mesothelioma, you can file a wrongful death lawsuit.
A mesothelioma lawyer can help you determine the best option for your specific situation.
The First Case
In the late 1970s and the early 1980s, a flood of asbestos-related cases began to flood the New Jersey judicial system. These claims were filed by people suffering from various types of mesothelioma, asbestos-related diseases, or other complications related to exposure to finished or raw asbestos or products containing asbestos. The asbestos litigation was so significant that it spawned an unusual legal phenomenon known as "mass torts."
In this case, the term mass tort refers to a type of lawsuit wherein a large number of people are represented by one attorney or law firm. The plaintiffs are faced with similar legal issues due to their exposure to asbestos. The cases are filed in a variety of courts. The volume of cases was so high that it prompted judges to develop specialized rules, procedures and schedules to handle asbestos cases.
One of the first asbestos class action cases was filed in 1924 by a factory worker from Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She developed health issues as a result. Her employer was able to cover her treatment but they refused. Kershaw passed away 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. By the 1960s and 70s, medical journals and news magazines began to make connections between asbestos and illnesses like mesothelioma. Asbestos ' dangers were so widely recognized that executives of companies could not keep it a secret.
Attorneys representing asbestos victims have also discovered evidence that asbestos companies and manufacturers conspired to cover up asbestos's dangers. For instance, the personal papers of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville was discovered that revealed that the company had knowingly concealed the risks of asbestos to ensure their profits.
The Third Case
New Jersey courts were inundated with asbestos lawsuits in the late 1970s and 1980s. These cases overwhelmed the judicial system, leading to attempts to streamline litigation with class action lawsuits. The difficulty of each victim's specific symptoms and exposure has proven to be the biggest barrier to class action claims.
The amount a court will give a plaintiff in compensation for their asbestos injury is determined by a variety of factors. The severity of mesothelioma diagnosis, cost of treatment, and the extent of suffering are all factors that can be considered. Patients with a more serious diagnosis, such as pleural plaques or mesothelioma require significant compensation in order to cover their financial costs. This includes the loss of wages and ongoing expenses.
Patients diagnosed with mesothelioma or other asbestos illnesses need the money from their settlement or jury award to pay for costly hospitalizations, expensive treatments as well as in-home care or funeral costs. They might also need to ensure future earnings to replace the income they lost due to their disease. A financial award can help the victim and their family members have peace of mind in knowing that the company responsible for their asbestos exposure is accountable for their damages.
Despite the fact that there have been a number of successful mesothelioma class actions, victims are often better in pursuing individual lawsuits. Orlando asbestos lawyers can't represent the needs of all the victims in a fair and equitable manner due to the individuality of each asbestos exposure and distinct mesothelioma diagnoses.
Therefore, 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.
A mesothelioma lawyer can assist families and victims to seek justice by filing a lawsuit or VA benefit claim. A lawyer can help veterans find top mesothelioma doctors and other resources to improve their treatment outcomes. Get a free consultation today to get started on your legal journey.
The Fourth Case
The Borel case and the others similar cases have helped establish the strict liability of asbestos producers. However, many of the victims didn't live to witness the verdicts and settlements. Their families were left to pay for funeral expenses as well as medical bills and the loss of companionship. It is essential to find a mesothelioma lawyer who has expertise in these cases.
Asbestos suits must be filed before the statute of limitations expires. The deadline is different from state to state, and begins at the point that the victim suffered their first asbestos-related injury or illness. It is important to consult with mesothelioma attorneys who can help you determine the most suitable time to file an action.
A New York mesothelioma lawyer can assist victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. The process of suing can be complicated, so those individuals should be ready to go through it. However, mesothelioma lawyers can be by their client's assistance every step of the way to ensure that they get the compensation they deserve.
Asbestos lawyers should be familiar with the research behind mesothelioma, asbestosis, and other asbestos-related diseases. They should be able to create solid cases by analyzing the evidence in each individual case. This information can be obtained from medical records or workplace records.
A mesothelioma lawyer needs to be able to comprehend the law. They must be competent in explaining legal concepts in a manner that is simple for those with no knowledge of the law to understand. Mesothelioma lawyers should also be able connect their clients to experts who can provide insight into the details of their asbestos-related illnesses.
The asbestos litigation process in every state and the statutes of limitation should be well-known to mesothelioma lawyers. They should 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 get the victims the justice they need. Contact an asbestos law firm for a free consultation today.