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Class Action Lawsuits and Mesothelioma

There are a myriad of ways to get compensation if you've been diagnosed with mesothelioma. You can make a personal injury claim or, if a loved one has passed away from mesothelioma, you may file a wrongful death lawsuit.

A mesothelioma lawyer can help you determine the best option for your specific situation.

The First Case

In the latter part of the 1970s until the beginning of the 1980s, a flurry of asbestos cases began to overtake the New Jersey judiciary system. These cases were brought by people suffering from various types of mesothelioma, asbestos lawyer-related diseases, or other issues related to exposure to either finished or raw asbestos lawsuits 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 refers to a type of lawsuit where many people are represented by a single lawyer or law firm. The plaintiffs are faced with similar legal issues as a result of their exposure to asbestos. The cases are filed in a variety of courts. The number of asbestos cases so high that judges had to develop specific rules, procedures, and schedules.

One of the first well-known asbestos attorneys class action lawsuits was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw worked in a factory which made asbestos fibers into yarn and she suffered health issues as a result of her exposure. She asked her employer to pay for her treatment but the company denied. Kershaw passed away at 33 years old of lung fibrosis that was directly caused by inhalation of asbestos particles.

Many companies that mined, made or used asbestos or asbestos-containing products attempted to hide the dangers of these deadly materials. By the 1960s and 70s, medical journals and news publications began to make connections between asbestos and diseases such as mesothelioma. Asbestos's dangers were so well recognized that executives of companies could not keep it a secret.

In addition, attorneys representing asbestos victims uncovered evidence of the conspiracy that existed between asbestos companies and manufacturers to cover up 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 that revealed that the company knew about asbestos's dangers to ensure their 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 systems, which led to attempts to streamline litigation through class action suits. The particularity of each victim's individual symptoms and their exposure has proved to be the most significant obstacle to claims for class action.

The court's decision about the dollar amount an individual plaintiff receives for their asbestos injury depends on a myriad of factors. This includes the severity of a person's mesothelioma-related diagnosis, the cost of medical treatments, as well as the degree of their suffering. Victims who have suffered a more serious diagnosis, such as those with pleural plaques or mesothelioma, often require significant compensation to cover a wide range of financial expenses, such as the loss of wages and ongoing medical costs.

Individuals diagnosed with mesothelioma and other asbestos illnesses need the money from their settlement or jury award to cover costly hospitalizations, expensive treatments as well as in-home care or funeral expenses. They may also require get future earnings to make up for the loss of income due to their disease. A cash award can aid 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 mesothelioma-related class actions that have been successful however, patients are usually better to file individual lawsuits. A class action is not able to represent the rights of all victims in a fair way due to the individuality of each asbestos exposure and distinct mesothelioma types.

As as a result, asbestos sufferers are more likely to file individual lawsuits than they are to file a class action claim. These lawsuits were found to give victims more compensation than class actions.

An experienced mesothelioma attorney can assist 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 could help them improve their treatment outcomes. Begin your legal journey today by requesting a free consultation with an attorney.

The Fourth Case

The Borel case and the others similar to it led to the establishment of the legal liability of asbestos attorney manufacturers. However, many of the victims did not live to see the settlements and verdicts. Instead, their families were left with funeral costs as well as medical bills and the loss of companionship. It is essential to find mesothelioma attorneys who have expertise in these cases.

Asbestos suits must be filed before the time limit expires. The deadline is different from state to state and begins at the point that the victim has suffered their first asbestos-related illness or injury. It is recommended that individuals consult an attorney who is specialized in mesothelioma cases and can assist them in determining the best timeframe for filing a lawsuit.

A New York mesothelioma lawyer can help victims file an individual claim against the businesses that are responsible for their exposure to asbestos. The affected individuals must be prepared to undergo the process of litigation, as it can be complex. The mesothelioma lawyers will be with their clients at throughout the process to ensure that they receive the amount they are entitled to.

Asbestos lawyers need to be aware of the science of mesothelioma and other asbestos-related diseases. They should also be able to build strong cases based on the evidence of each case. This information can be gathered from medical records or workplace records.

A mesothelioma lawyer must be able to read the law. They should be able to explain legal concepts to those who are not familiar with the law. In addition mesothelioma lawyers should also be able to connect their clients with experts who are able to provide insight into the complex details of their asbestos-related illnesses.

The mesothelioma lawyers should be aware of the asbestos litigation process as well as the statute of limitations in each state. They must also be able to help their clients file a lawsuit in the appropriate court. Ultimately, the mesothelioma lawyers must be capable of holding negligent asbestos manufacturers accountable and provide the victims with the justice they need. Contact an experienced asbestos law firm today for an initial consultation for free.