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Class Action Lawsuits and Mesothelioma

There are many options to seek compensation if diagnosed as having mesothelioma. You can file a personal injury lawsuit or, if a loved one has died from mesothelioma you can file a wrongful death lawsuit.

A mesothelioma attorney can help you choose the best solution for your specific situation.

The First Case

In the late 1970s and early 1980s, a flood of asbestos-related cases began to flood the New Jersey judicial system. These lawsuits were filed on behalf of people who suffered from mesothelioma or other Asbestos lawsuit diseases, or complications related to exposure to raw or finished asbestos products or asbestos. The asbestos litigation grew to the point that it led to a unique legal phenomenon known as "mass torts."

In this context, the term mass tort refers to a type of lawsuit in which a large number of people are represented by a single lawyer or law firm. The plaintiffs are faced with similar legal issues as a result of their asbestos exposure. The cases are filed in many different courts. The amount of asbestos cases so numerous that judges needed to come up with special rules, procedures, and schedules.

Nellie Kershaw, a factory worker from Rochdale in England she filed one of the earliest known asbestos class action lawsuits in 1924. Kershaw worked in a plant which spun asbestos fibers into yarn and she developed health problems due to her exposure. She asked her employer to pay for her treatment but the company denied. Kershaw died at 33 years old of fibrosis of the lungs that was directly caused by the inhalation of asbestos particles.

Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and attempted to conceal their dangers. In the 1960s and 70s medical journals and news publications began to draw connections between asbestos and illnesses like mesothelioma. Asbestos ' dangers were so widely acknowledged that business executives could not keep it a secret.

Attorneys representing asbestos victims also discovered evidence that asbestos lawyer firms and manufacturers conspired to hide asbestos' 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 covered up asbestos' dangers to protect its profits.

The Third Case

In the latter part of the 1970s and into the early 1980s, a flurry of asbestos lawsuits began to inundate New Jersey courts. These cases overwhelmed the judiciary, leading to attempts at streamlining litigation through class action lawsuits. However, the complexity of each victim's individual circumstances and symptoms have proven to be the most significant obstacle to a successful class action claim.

The dollar amount that a court will give a plaintiff in compensation for their asbestos injury is determined by a variety of factors. These include the severity of a person's mesothelioma-related diagnosis, the cost of medical treatments, as well as the extent of their suffering. Victims with a more severe diagnosis like pleural plaques or mesothelioma require substantial compensation to pay for their financial obligations. This includes lost wages and ongoing costs.

Individuals with asbestos lawyer-related diseases such as mesothelioma might require funds from the settlement to pay for expensive hospitalizations, treatments or home care funeral costs. They may also need to secure future earnings to make up for lost income due to their disease. A cash award can aid the families of victims feel secure knowing that the company responsible has been held accountable.

Although there have been a number of successful mesothelioma-related class actions, it is usually more effective for victims to pursue individual lawsuits. The unique nature of each asbestos exposure case and the differences between mesothelioma diagnoses differ, which means that a class-action lawsuit will not effectively represent all victims' interests in a fair manner.

Consequently, individualized lawsuits are now more common than class action claims for asbestos victims. In fact, these lawsuits have been found to provide victims with more compensation than a class action would offer.

A mesothelioma lawyer can help families and victims get justice through filing a lawsuit or VA benefit claim. A lawyer can help veterans find top mesothelioma doctors and other resources to improve their treatment outcomes. Request a free consultation today to get started on your legal journey.

The Fourth Case

The Borel case and others similar to it helped establish the strict liability of asbestos producers. However, many of the victims were not alive to witness the settlements and verdicts. Their families were left to pay for funeral costs, medical bills and lost companionship. It is crucial to work with mesothelioma lawyers who have prior experience in these kinds of cases.

Asbestos lawsuits must be filed within the prescribed time of limitations. The time frame is different from state to state, and begins when the victim was diagnosed with their first asbestos lawyer-related injury or illness. Individuals should always consult an attorney who is specialized in mesothelioma cases and can assist them in determining the best timeframe for filing an action.

A New York mesothelioma attorney can assist victims to file claims against the businesses responsible for their asbestos exposure. The litigation process is a bit complicated, and the people who are affected should be prepared to go through it. However, mesothelioma lawyers are by their clients' side throughout the way to ensure that they receive the money they deserve.

Asbestos lawyers must understand the science behind mesothelioma and other asbestos-related illnesses. They should be able build solid arguments using the evidence presented in each case. This information can be gleaned from medical records and workplace records.

A mesothelioma attorney must be able to read the law. They must be able to explain legal concepts to people who have limited knowledge of the law. Additionally, mesothelioma lawyers should be able to connect their clients with experts who are able to provide insight into the complex details of their asbestos-related illnesses.

Mesothelioma lawyers must be aware of the asbestos litigation process and the statute of limitations for every state. They should be able assist their clients in bringing a lawsuit before 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 deserve. Contact an asbestos law firm for a no-cost consultation today.