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Class Action Lawsuits and Mesothelioma

If you have been diagnosed with mesothelioma there are many ways you can get compensation. You can file a personal injury suit or a wrongful-death suit in the case of loved ones who have passed away from mesothelioma.

A mesothelioma lawyer can assist you decide on the best choice for your specific situation.

The First Case

In the latter part of the 1970s until the early 1980s, a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These claims were filed on behalf of those who suffered from mesothelioma or other asbestos illnesses, or complications due to exposure to raw or finished asbestos products or asbestos. The asbestos litigation grew so large that it spawned a unique legal phenomenon known as "mass torts."

In this context mass tort is a kind of lawsuit in which a large group of individuals are represented by one attorney or law firm. The cases are filed in a vast number of courts, and the plaintiffs face similar legal issues resulting from their common exposure to asbestos. The case load was so high that judges were compelled to develop special rules and schedules, procedures and protocols to handle asbestos cases.

One of the first well-known asbestos class action cases was filed in 1924 by a factory worker from Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a factory. She was diagnosed with health issues due to the exposure. Kershaw asked her employer to pay for her treatment, but the company refused. Kershaw passed away at 33 years old of lung fibrosis that was directly caused by the inhalation of asbestos dust particles.

Many companies that mined asbestos, manufactured asbestos or asbestos-containing products, and tried to hide their risks. In the 1960s and 70s, medical journals and news publications began to make connections between asbestos and illnesses like mesothelioma. The information on asbestos' dangers was so widespread that it was impossible for company executives to keep the knowledge to themselves.

In addition, attorneys representing asbestos victims have 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 discovered that the company had deliberately covered up asbestos' dangers to safeguard its profits.

The Third Case

In the late 1970s and early 1980s, an avalanche of asbestos lawsuits began to overflow New Jersey courts. These cases overwhelmed the judicial systems which led to efforts to streamline litigation through class action suits. However, the complexity of each victim's specific vulnerability and symptoms have proved to be the most significant obstacle to the success of class action lawsuits.

A court's determination of the amount of money a plaintiff receives for their asbestos lawyers-related injury is based on a myriad of factors. These include the severity of a mesothelioma-related diagnosis, the cost of medical treatment, and the extent of their suffering. Victims who have been diagnosed with an even more severe diagnosis, such as those with pleural plaques or mesothelioma are often required to pay significant compensation to cover a range of financial expenses, including lost wages and ongoing care costs.

Individuals diagnosed with mesothelioma and other asbestos attorney-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 expenses. They might also need to secure future earnings in order to recoup the income they lost due to their disease. A financial award could aid a victim and his/her family find peace of mind in knowing that the company responsible for their asbestos exposure has been held accountable for their harm.

Despite the fact that there have been numerous instances of successful mesothelioma-related class actions the majority of victims are better in pursuing individual lawsuits. A class action cannot represent the rights of all victims in a fair manner due to the uniqueness of each asbestos exposure and distinct mesothelioma diagnoses.

As the result, asbestos victims are more likely to make individual lawsuits than are to file class action claims. These lawsuits were found to offer victims more compensation than class actions.

An experienced mesothelioma lawyer can assist families of victims seek justice through filing a personal lawsuit or VA benefits claim. An attorney can also help veterans get access to the top mesothelioma specialists and other resources that could make the difference in their treatment outcomes. Get a free consultation today to begin your legal journey.

The Fourth Case

The Borel case and the others similar cases led to the establishment of strict liability for Asbestos Lawsuit manufacturers. However, many victims did not live to see the settlements and verdicts. Instead their families were left with funeral costs, medical bills, and the loss of companionship. It is important to find mesothelioma attorneys who have expertise in these types of cases.

Asbestos lawsuits must be filed within the timeframe of limitations. The time frame is different from state to state and begins at the moment that the victim has suffered their first asbestos-related injury or illness. Individuals should always work with an attorney who is specialized in mesothelioma lawsuits and can help them determine the most appropriate timeframe to file an action.

A New York mesothelioma lawyer can help victims file an individual claim against the companies that are responsible for their exposure to asbestos lawyer. Those individuals should be prepared to go through the process of litigation, as 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 money they deserve.

Asbestos lawyers should be familiar with the science behind asbestosis, mesothelioma and other asbestos-related diseases. They must be able to construct solid arguments using the evidence presented in each case. This could include information gathered from medical records, work reports and other sources.

A mesothelioma lawyer must be able to comprehend the law. They should be able to explain legal concepts to those who have no knowledge of law. Mesothelioma attorneys should also be able to connect their clients to experts who can provide them with insight into the details of their asbestos-related injuries.

The asbestos litigation process in every state and the statutes of limitation should be known to mesothelioma lawyers. They should also be able to assist their clients to file an appropriate lawsuit in the right court. The mesothelioma lawyers must be competent, at the end to hold negligent asbestos producers accountable and ensure that victims receive the justice they need. Contact an asbestos law firm for a no-cost consultation today.