What The Heck What Exactly Is Asbestos Class Action Lawsuit

Class Action Lawsuits and Mesothelioma

There are a myriad of ways to receive compensation if diagnosed with mesothelioma. You can file either a personal injury suit or a wrongful death lawsuit in the case of a loved one who passed away from mesothelioma.

A mesothelioma attorney can help you determine 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 people suffering from different types of mesothelioma, other asbestos diseases or other ailments resulting from exposure to finished or raw asbestos or products that contained asbestos. The asbestos litigation became to the point that it led to an unusual legal phenomenon referred to as "mass torts."

In this sense mass tort is a type of lawsuit where a large group of people is represented by one attorney or law firm. Plaintiffs face similar legal issues due to their exposure to asbestos. The cases are filed in various courts. The number of asbestos cases so high that judges had to develop special rules, procedures, and schedules.

One of the first well-known asbestos class action lawsuits was filed in 1924 by a factory worker from Rochdale, England named Nellie Kershaw. Kershaw worked in a plant that spun asbestos fibers into yarn and she was diagnosed with health issues as a result of the exposure. Kershaw asked her employer to pay for her treatment but the company refused. Kershaw passed away at the age of 33 from lung fibrosis that was directly caused by exposure to asbestos particles.

Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and attempted to hide their risks. In the 1960s and 70s medical journals and news publications began to draw connections between asbestos and diseases like mesothelioma. The information about the dangers of Asbestos Lawsuit was so widespread that it was impossible for executives of companies to keep the knowledge from being kept secret.

In addition, attorneys representing asbestos victims discovered evidence of the collusion between asbestos manufacturers and asbestos companies to conceal asbestos's dangers. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company had deliberately concealed the dangers of asbestos in order to safeguard its profits.

The Third Case

In the latter part of the 1970s and into the in the early 1980s, an avalanche of asbestos lawsuits began to overflow New Jersey courts. These cases overwhelmed the judicial system and led to efforts to streamline litigation by utilizing class action suits. The difficulty of each victim's specific symptoms and their exposure has proved to be the greatest obstacle to class action claims.

The court's decision on the amount the plaintiff is awarded for their asbestos-related injuries is contingent on numerous factors. These include the severity of a person's mesothelioma diagnosis, the cost of medical treatments, and the degree of their suffering. Victims who have had a more severe diagnosis, such as those suffering from pleural plaques or mesothelioma, typically require significant compensation to cover a wide range of financial costs, including 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 cover costly hospitalizations, expensive treatments and in-home medical care, as well as funeral expenses. They could also be required to secure future earnings in order to make up for the income they lost due to their illness. A financial award could aid victims and their families feel secure knowing that the responsible company has been held accountable.

While there have been several successful mesothelioma group actions, it's usually more efficient for patients to pursue individual lawsuits. The individuality of each asbestos exposure case as well as the differing characteristics between mesothelioma diagnoses differ, which means that a class action cannot effectively represent all the victims' interests in a fair manner.

In the end, individual 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.

An experienced mesothelioma lawyer can help families of victims seek justice through filing a personal lawsuit or VA benefits claim. A lawyer can also help veterans access top mesothelioma specialists and other resources that can enhance their treatment results. Get a free consultation today to begin your legal journey.

The Fourth Case

The Borel case and others like it led to the establishment of the strict liability of asbestos producers. However, many victims didn't live to witness the verdicts and settlements. Instead, their families were left with funeral expenses as well as medical bills and the loss of companionship. It is essential to choose mesothelioma lawyers who have experience in these types of cases.

Asbestos lawsuits must be filed within the statute of limitations. The time frame varies from state to state and starts at the moment that the victim suffered their first asbestos attorney-related injury or illness. Individuals should always work with an attorney who specializes in mesothelioma cases and can assist them in determining the best timeframe for filing lawsuit.

A New York mesothelioma lawyer can aid victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. Those individuals should be prepared to go through the litigation process, as it can be a complex process. 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 need to be aware of the science behind mesothelioma as well as other asbestos-related illnesses. They should be able to build strong arguments based on the evidence that is presented in each case. This information can be gleaned from medical records and work records.

A mesothelioma lawyer must be able to read the law. They must be capable of explaining legal concepts in a manner that is simple for those who aren't experts on the law to understand. Mesothelioma attorneys should also be able to connect their clients with experts who can provide them with insight into the details of their asbestos-related ailments.

The asbestos lawsuit litigation process in every state and the statutes of limitation should be well-known to the mesothelioma lawyers. 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 get the victims the justice they deserve. Contact an asbestos law firm for a no-cost consultation today.