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Class Action Lawsuits and Mesothelioma

If you have been diagnosed with mesothelioma there are a variety of ways to get compensated. You can file either a personal injury suit or a wrongful-death lawsuit in the case of a loved one who died of mesothelioma.

A mesothelioma lawyer can assist you decide which option is best for you.

The First Case

In the late 1970s and early 1980s, an avalanche of asbestos-related cases began to flood the New Jersey judicial system. These cases were brought on behalf of those who suffered from mesothelioma or other asbestos-related diseases, or complications related to exposure to finished or raw asbestos products or asbestos. The asbestos litigation was so significant that it created an unusual legal phenomenon called "mass torts."

In this sense mass tort is a type of lawsuit where an entire group of people is represented by one attorney or law firm. The plaintiffs are faced with similar legal issues due to their asbestos exposure. Cases are filed in many different courts. The case load was so high that it led judges to develop specialized rules and procedures, as well as schedules to handle asbestos cases.

One of the first well-known asbestos class action cases 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 developed health problems due to her exposure. Her employer was able to cover her treatment, but the company refused. Kershaw died at 33 years old from fibrosis of the lungs that was directly caused by the inhalation of asbestos particles.

Many companies that mined, produced or used asbestos and asbestos-containing products tried to hide the dangers of these deadly substances. But by the 1960s and 1970s, correlations between asbestos and diseases like mesothelioma began to be widely known in medical journals and major news publications. Asbestos's dangers were so well recognized that executives of companies could not keep the information secret.

Attorneys representing asbestos victims have also uncovered evidence that asbestos attorney companies and manufacturers conspired to hide the dangers of asbestos. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company had deliberately covered up asbestos' dangers 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-related lawsuits began to flood New Jersey courts. These cases overwhelmed the judicial system, leading to attempts to streamline litigation through class action lawsuits. The difficulty of each victim's specific ailments and exposure has proven to be the greatest obstacle to class action claims.

The dollar amount that a court will pay a plaintiff for their asbestos injury is determined by a variety of factors. The severity of the mesothelioma diagnoses, the cost of treatment and the extent of suffering are all factors to be taken into consideration. Patients with a more serious diagnosis such as mesothelioma or pleural plaques, require substantial compensation to cover their financial costs. This includes the loss of wages and ongoing expenses.

Individuals diagnosed with mesothelioma and other asbestos-related diseases require funds from their settlement or jury award to pay for expensive hospitalizations, treatments as well as in-home care or funeral costs. They may also be required to ensure future earnings to recoup the income they lost due to their disease. A monetary award can help a victim and their family members feel at ease in knowing that the company responsible for their asbestos exposure is accountable for their damages.

While there have been several successful mesothelioma-related class actions, it is usually more effective for victims to pursue individual lawsuits. The unique nature of each asbestos lawyer exposure case as well as the differing characteristics between different mesothelioma diagnoses means that a class action cannot effectively represent all the victims' interests in a fair and equitable manner.

As a result, asbestos victims are more likely to file individual lawsuits than they are to file class action claims. In fact the lawsuits have been proven to offer victims greater compensation than a class action would offer.

An experienced mesothelioma lawyer can help victims and their families pursue justice by filing an individual lawsuit or VA benefits claim. A lawyer can also help veterans find access to top mesothelioma physicians and other resources that can make the difference in their treatment results. Contact us today for a no-cost consultation to begin your legal journey.

The Fourth Case

The Borel case, as well as others like it, helped establish the strict liability of asbestos manufacturers. Many victims died before they could see the settlements and verdicts. Instead their families were left with funeral expenses and medical bills, as well as the loss of companionship. This is why it is crucial to partner with a mesothelioma law firm that has experience in these types of claims.

asbestos lawsuits suits must be filed before the statute of limitation expires. This is a time frame that varies from state to state and begins when the victim has was injured by asbestos lawsuits or suffered an illness. Individuals should always consult an attorney with expertise in mesothelioma lawsuits and can help them determine the most appropriate timeframe to file an action.

A New York mesothelioma attorney can help victims file a claim against the companies responsible for their asbestos exposure. Individuals who suffer from asbestos should be prepared to undergo the legal process, since it is often a complicated process. The mesothelioma lawyers can be there for their clients throughout the entire process to ensure they receive the amount they are entitled to.

Asbestos lawyers need to be aware of the science of mesothelioma and other asbestos-related illnesses. They must be able to create solid cases by analyzing the evidence in each case. This information can be gathered from medical records and workplace histories.

A mesothelioma lawyer should be able to read the law. They should be competent in explaining legal concepts in a way that is easy for people who aren't experts on the law to understand. In addition mesothelioma lawyers should be in a position to connect their clients with experts who can give insight into the intricate details of their asbestos-related injuries.

Mesothelioma lawyers must be knowledgeable about the asbestos litigation process and the time limits in every state. They should be able to assist their clients in bringing a lawsuit before the appropriate court. Mesothelioma lawyers should be competent, at the end, to hold negligent asbestos producers accountable and provide victims with the justice they are entitled to. Contact an asbestos law firm for a free consultation today.