Class Action Lawsuits and Mesothelioma
If you've been diagnosed with mesothelioma, there are many ways to get compensated. You can file a personal injury lawsuit or, if your loved ones have died due to mesothelioma, you can make a wrongful death claim.
A mesothelioma attorney can help you determine which option is the best option for your particular situation.
The First Case
In the late 1970s and early 1980s, a flood of asbestos cases began to take over the New Jersey judicial system. These claims were filed by individuals suffering from various types of mesothelioma, asbestos-related diseases, or other ailments resulting from exposure to either finished or raw asbestos or products that contained asbestos. The asbestos lawsuit grew to the point that it led to a unique legal phenomenon known as "mass torts."
In this sense mass tort is a type lawsuit in which a large group of people are represented by a single lawyer or law firm. The plaintiffs have similar legal issues due to their exposure to asbestos. Cases are filed in a variety of courts. The amount of asbestos cases so numerous that judges needed to come up with special rules, procedures and schedules.
Sterling Heights asbestos lawsuit , factory worker from Rochdale in England she filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers when working in a factory. She developed health issues as a result. Kershaw asked her employer to cover her treatment, but the company refused. Kershaw passed away in her 33s from fibrosis, a condition caused by asbestos particles.
Many companies that mined asbestos, produced asbestos-containing products and tried to conceal their dangers. In the 1960s and 70s, medical journals and news publications began to make connections between asbestos and diseases like mesothelioma. The information on asbestos' dangers was so widespread that it was impossible for executives of companies to keep the information a secret.
Additionally, lawyers representing asbestos victims uncovered evidence of a collusion between asbestos-related companies and manufacturers to hide asbestos' dangers. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company deliberately concealed the dangers of asbestos in order to protect its profits.
The Third Case
In the latter part of the 1970s and into the in the early 1980s, an avalanche of lawsuits filed by asbestos victims began to flood New Jersey courts. These cases overwhelmed the justice system, prompting attempts at streamlining litigation through class action lawsuits. However, the complexities of each victim's unique circumstances and symptoms have proven to be the most significant obstacle to successful class action claims.
A court's determination of the amount of money a plaintiff receives for their asbestos-related injuries is contingent on a variety of factors. The severity of mesothelioma diagnosis, the cost of treatment, and the extent of suffering are all elements that can be considered. Victims who have been diagnosed with an even more severe diagnosis, such as those who have pleural plaques, or mesothelioma, typically require significant compensation to cover a range of financial expenses, such as the loss of wages and ongoing medical costs.
Individuals diagnosed with mesothelioma and other asbestos-related diseases require funds from their settlement or jury award to pay for expensive treatments, hospitalizations as well as in-home care or funeral costs. They may also need to secure future earnings to make up for the loss of income due to their illness. A cash award can aid victims and their families have peace of mind knowing that the company responsible is accountable.
Despite the fact that there have been a number of mesothelioma-related class actions that have been successful however, patients are usually better off filing individual lawsuits. A class action cannot represent the interests of all victims in a fair and equitable manner due to the uniqueness of each asbestos exposure and different mesothelioma types.
Consequently, individualized lawsuits are now more common than class action claims for asbestos victims. These lawsuits have been found to provide victims more compensation than class actions.
A mesothelioma attorney can help victims and families seek justice by filing a lawsuit or VA benefit claim. An attorney can also help veterans access top mesothelioma physicians and other resources that can enhance their treatment outcomes. Get started on your legal journey today by requesting no-cost consultation with an attorney.
The Fourth Case
The Borel case and the others similar cases helped establish the strict liability of asbestos producers. However, many victims did not live to see the settlements and verdicts. Instead, their families were left with funeral costs and medical bills, as well as the loss of companionship. It is crucial to choose mesothelioma attorneys who have experience in these kinds of cases.
Asbestos suits must be filed before the statute of limitation expires. This is a time frame that is different for each state and begins when the victim first suffered an asbestos-related injury or illness. It is essential to speak with mesothelioma lawyers who can help you determine the most suitable time frame for filing an action.
A New York mesothelioma attorney can assist victims to file an action against the companies responsible for their asbestos exposure. The litigation process isn't easy, 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 receive the money they deserve.
Asbestos lawyers must be acquainted 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 gleaned from medical records and workplace history.
A mesothelioma lawyer must be able to comprehend the law. They should be able to explain legal concepts to people who have no knowledge of the law. Mesothelioma lawyers should also be able to connect their clients to experts who can give them an understanding of the details of their asbestos-related illnesses.
The asbestos litigation process in each state and the statutes of limitation should be well-known to the mesothelioma lawyers. They should be able to assist clients in filing a lawsuit at the appropriate court. The mesothelioma attorneys must be able, in the end, to ensure that negligent asbestos producers are held accountable and provide victims with the justice they need. Contact an experienced asbestos law firm today to get a no-cost consultation.