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Class Action Lawsuits and Mesothelioma

There are a myriad of ways to get compensation if diagnosed as having mesothelioma. You can file either a personal injury suit or a wrongful-death suit if you have loved ones who have passed away from 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 claims were filed on behalf of those who were suffering from mesothelioma and other asbestos lawyer illnesses, or complications due to exposure to finished or raw asbestos products or asbestos. The asbestos litigation became so significant that it created an unusual legal phenomenon referred to as "mass torts."

In this context, the term mass tort is a term used to describe a type of lawsuit wherein a large number of people are represented by one attorney or law firm. The plaintiffs are faced with similar legal issues as a result of their asbestos exposure. The cases are filed in various courts. The case load was so huge that it prompted judges to develop specialized rules, procedures and 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 exposed to asbestos fibers when working in a factory. She developed health issues due to the exposure. Her employer asked her to pay for her treatment, but the company refused. Kershaw passed away in her 33s from fibrosis, a condition caused by asbestos particles.

Many companies that mined, made or used asbestos-containing products tried to hide the dangers of these dangerous materials. By the 1960s and 70s, medical journals and news publications began to draw connections between asbestos and diseases such as mesothelioma. The information about asbestos lawyer's dangers was so widespread that it became impossible for company executives to keep the knowledge to themselves.

In addition, attorneys representing asbestos victims uncovered evidence of the collaboration between asbestos-related companies and manufacturers to conceal asbestos's dangers. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville were discovered and revealed that the company knew about asbestos' dangers to safeguard their 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 flood New Jersey courts. These cases overwhelmed the judiciary, leading to attempts to streamline litigation through class action lawsuits. The particularity of each victim's individual symptoms and their exposure has proved to be the biggest barrier to claims for class action.

The dollar amount that a court will award a plaintiff for their asbestos attorneys 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 degree of their suffering. Victims with a more severe diagnosis like mesothelioma or pleural plaques, require substantial compensation to pay for their financial obligations. This includes the loss of wages and ongoing expenses.

Patients diagnosed with mesothelioma or other asbestos-related illnesses require money from their settlement or jury award to pay for costly hospitalizations, expensive treatments and in-home medical care, as well as funeral costs. They may also have to secure future earnings to make up for lost income due to their illness. A cash award can help victims and their families find peace of mind knowing that the company responsible is accountable.

Despite the fact that there have been a variety of successful mesothelioma class actions the majority of victims are better in pursuing individual lawsuits. A class action is not able to represent the interests of all victims in a fair and equitable manner because of the uniqueness of each asbestos exposure and distinct mesothelioma diagnosis.

In the end, individual lawsuits have become more common than class action claims for asbestos victims. These lawsuits have been found to provide victims more compensation than class actions.

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

The Fourth Case

The Borel case and other similar to it have helped establish strict liability for asbestos manufacturers. Many victims passed away before they could receive the verdicts and settlements. Their families were left to pay for funeral costs as well as medical bills and the loss of companionship. It is important to choose a mesothelioma lawyer who has prior experience in these kinds of cases.

Asbestos lawsuits must be filed within the statute of limitations. This time period varies from state to state, and begins when the victim suffered their first asbestos-related illness or injury. Individuals should always work with an attorney who specializes in mesothelioma lawsuits and can assist them in determining the best timeframe for filing a lawsuit.

A New York mesothelioma attorney can help victims file an action against the businesses responsible for their asbestos exposure. Individuals who suffer from asbestos should be prepared for the legal process, since it can be complex. However, the mesothelioma attorneys will be at their client's assistance every step of the way to ensure they receive the compensation they deserve.

Asbestos lawyers must be knowledgeable about the science of mesothelioma and other asbestos-related illnesses. They should be able build strong cases using the evidence that is presented in every case. This information can be gleaned from medical records or workplace history.

A mesothelioma lawyer needs to be able to read the law. They should be capable of explaining legal concepts in a manner that is easy for people who aren't experts on the law to comprehend. Mesothelioma attorneys should also be able to connect their clients to experts who can provide an understanding of the details of their asbestos-related injuries.

The asbestos litigation process in every state and the statutes of limitations should be well-known to the mesothelioma lawyers. They should also be able assist their clients to file an appropriate lawsuit in the right court. Mesothelioma lawyers should be competent, at the end, to make negligent asbestos producers accountable and ensure that victims receive the justice they need. Contact an experienced Asbestos lawsuit law firm today for a free consultation.