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Class Action Lawsuits and Mesothelioma

If you've been diagnosed with mesothelioma there are a variety of options to seek compensation. You can file a personal injury lawsuit or, if your loved one has died from mesothelioma, you can file a wrongful death lawsuit.

A mesothelioma attorney can help you determine the best option for your particular situation.

The First Case

In the late 1970s through the early 1980s a flood of asbestos-related cases began to overtake the New Jersey judiciary system. These cases were brought by people suffering from various kinds of mesothelioma and other asbestos-related diseases, and other issues related to exposure to finished or raw asbestos or products containing asbestos. The asbestos litigation became so important that it spawned an unusual legal phenomenon called "mass torts."

In this context mass tort refers to a type lawsuit in which a large group of people is represented by one lawyer or law firm. The cases are filed in a vast number of different courts, and the plaintiffs have similar legal issues resulting from their exposure to asbestos lawsuit. The number of asbestos cases so numerous that judges needed to come up with special rules, procedures, and schedules.

One of the first asbestos class action cases was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw was employed in a factory which made asbestos fibers into yarn and she was diagnosed with health issues due to her exposure. Kershaw asked her employer to pay for her treatment, but the company denied. Kershaw died in her 30s due to fibrosis. It was caused by asbestos particles.

Many companies that mined asbestos made asbestos-containing products and tried to hide their risks. In the 1960s and 70s, medical journals and news magazines began to make connections between asbestos lawsuit and diseases like mesothelioma. Asbestos's dangers were so well known that company executives could not keep the information secret.

In addition, attorneys representing asbestos victims discovered evidence of a collaboration between asbestos companies and manufacturers 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 deliberately kept asbestos's dangers a secret to protect its profits.

The Third Case

New Jersey courts were inundated with asbestos lawsuits during the late 1970s and early 1980s. These cases overwhelmed the judiciary, leading to attempts to streamline litigation with class action lawsuits. The particularity of each victim's individual symptoms and their exposure has proved to be the greatest obstacle to claims for class action.

The court's decision about the dollar amount an individual plaintiff receives for their asbestos lawyer-related injury is based on a myriad of factors. This includes the severity of a person's mesothelioma diagnosis, the cost of medical treatments, and the degree of their suffering. Victims who have been diagnosed with 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 lost wages and ongoing healthcare costs.

Patients diagnosed with mesothelioma or other asbestos-related illnesses require money from their settlement or jury award to cover expensive hospitalizations, treatments as well as in-home care or funeral expenses. They may also need to find future income to make up for the loss of income due to their illness. A financial award could help victims and their families feel secure knowing that the responsible company has been held accountable.

Despite the fact that there have been numerous instances of successful mesothelioma-related class actions, victims are often better off filing individual lawsuits. The distinct nature of each asbestos attorney exposure case and the different characteristics between different mesothelioma diagnoses means that a class action will not effectively represent all the victims' interests in a fair manner.

As as a result, asbestos sufferers are more likely to pursue individual lawsuits than they are to file claims in a class. In fact they have been proven to provide victims with more compensation than a class action would provide.

An experienced mesothelioma lawyer can assist families of victims seek justice by filing a lawsuit on their own or VA benefits claim. A lawyer can also help veterans find access to top mesothelioma doctors and other resources that can make the difference in their treatment outcomes. Request a free consultation today to begin your legal journey.

The Fourth Case

The Borel case, and others similar to it, helped establish strict liability of asbestos manufacturers. However, many victims didn't live to witness the settlements and verdicts. Their families were left to pay for funeral expenses, medical bills and lost companionship. It is essential to find a mesothelioma lawyer who has experience in these kinds of cases.

Asbestos lawsuits must be filed before the time limit expires. This time period differs from state to state, and begins at the point that the victim was diagnosed with 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 a lawsuit.

A New York mesothelioma attorney can assist victims in filing claims against the companies responsible for their asbestos exposure. The litigation process can be complicated, so people should be prepared 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 are entitled to.

Asbestos lawyers need to be aware of the science behind mesothelioma as well as other asbestos-related diseases. They must also be able to build strong cases by analyzing the evidence in each individual case. This could include information gathered from medical records, workplace reports, and other sources.

A mesothelioma attorney should be able to comprehend the law. They must be able to explain legal concepts to people who have no knowledge of the law. In addition mesothelioma lawyers should also be in a position to connect their clients with experts who can give insight into the intricate details of their asbestos-related injuries.

The asbestos litigation process in each state and the statutes of limitation should be well-known to mesothelioma lawyers. They should also be able to help their clients file a lawsuit in the appropriate court. The mesothelioma lawyers should be in a position to hold accountable the negligent asbestos manufacturers and ensure that the victims receive the justice they need. Contact an asbestos law firm for a free consultation today.