The 10 Most Scariest Things About Asbestos Class Action Lawsuit
Class Action Lawsuits and Mesothelioma
If you have been diagnosed with mesothelioma there are many options to seek compensation. You can file a personal injury lawsuit or, if a loved one has passed away from mesothelioma you can make a wrongful death claim.
A mesothelioma lawyer can assist you determine which option is best for you.
The First Case
In the late 1970s and early 1980s, a flurry of asbestos-related cases began to take over the New Jersey judicial system. These cases were brought on behalf of those who suffered from mesothelioma or other asbestos-related illnesses, or complications due to exposure to raw or finished asbestos products or asbestos. The asbestos litigation became so significant that it created a unique legal phenomenon known as "mass torts."
In this sense, the term mass tort refers to a type of lawsuit where a significant number of people are represented by one lawyer or law firm. The plaintiffs are faced with similar legal problems due to their exposure to asbestos. The cases are filed in various courts. The number of asbestos cases so large that judges had to develop special rules, procedures and schedules.
One of the first well-known asbestos class action lawsuits was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw was employed in a factory that made asbestos fibers into yarn, and she was diagnosed with health issues due to her exposure. Her employer was able to pay for her treatments, but the company refused. Kershaw died at 33 years old of lung fibrosis that was directly caused by inhalation of asbestos dust particles.
Many companies that mined, made or used asbestos-containing products tried to hide the dangers of these deadly substances. In the 1960s and 70s medical journals and news media began to draw connections between asbestos and diseases such as mesothelioma. Asbestos dangers were so widely acknowledged that business executives could not keep the information secret.
Additionally, lawyers representing asbestos victims have discovered evidence of the conspiracy that existed between asbestos-related companies and manufacturers to conceal the dangers of asbestos. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company purposely kept asbestos's dangers a secret in order to safeguard its profits.
The Third Case
In the latter part of the 1970s and into the early 1980s, an avalanche of asbestos lawsuits began to flood New Jersey courts. These cases overwhelmed the justice system, prompting attempts to streamline litigation through class action lawsuits. The complexity of each victim's unique symptoms and exposure has proven to be the greatest obstacle to claims for class action.
The amount of money a court will give a plaintiff in compensation for their asbestos injury is determined by dozens of factors. This includes the severity of a person's mesothelioma-related diagnosis, the cost of medical treatments, and the severity of their suffering. Patients with a more serious diagnosis like mesothelioma or pleural plaques, require substantial compensation to cover their financial expenses. This includes the loss of wages and ongoing expenses.
Individuals diagnosed with mesothelioma and other asbestos-related illnesses require money from their settlement or jury award to pay for expensive hospitalizations, treatments, in-home care, or funeral expenses. Springdale asbestos lawyers may also be required to get future earnings to replace the income they lost due to their illness. A financial award could aid a victim and his/her family members feel at ease, knowing that the company responsible for their asbestos exposure has been held accountable for the harm they caused.
Although there have been numerous successful mesothelioma-related class actions, it's usually more beneficial for victims to pursue individual lawsuits. The distinct nature of each asbestos exposure case as well as the differing characteristics between mesothelioma diagnoses differ, which means that a class-action lawsuit will not effectively represent all victims' rights in a fair way.
Therefore, individual lawsuits have become more common than class action claims for asbestos victims. In fact they have been found to offer victims more compensation than a class-action lawsuit could offer.
An experienced mesothelioma attorney can help families of victims pursue justice through filing a personal lawsuit or VA benefits claim. An attorney can assist veterans connect with top mesothelioma specialists and other resources to improve their treatment outcomes. Start your legal journey today by requesting a no-cost consultation with an attorney.
The Fourth Case
The Borel case, and other similar to it led to the establishment of an obligation of strict liability for asbestos producers. Many victims passed away before they could receive the settlements and verdicts. Instead their families were left with funeral expenses as well as medical bills and the loss of companionship. It is essential to find mesothelioma lawyers who have prior experience in these kinds of cases.
Asbestos lawsuits must be filed within the prescribed time of limitations. This time period varies from state to state and begins at the point that the victim suffered their first asbestos-related illness or injury. 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 a claim against the companies responsible for their asbestos exposure. The process of suing can be complicated, so the people who are affected should be prepared to go through it. However, the mesothelioma attorneys will be at their client's side throughout the way to ensure they receive the money they deserve.
Asbestos lawyers should be familiar with the science behind mesothelioma, asbestosis, and other asbestos-related diseases. They should be able build solid arguments using the evidence presented in every case. This information can be gleaned from medical records and workplace records.
A mesothelioma lawyer must be able to read the law. They must be able to explain legal concepts to those who have limited knowledge of law. Additionally mesothelioma lawyers should be in a position to connect their clients with experts who are able to provide information on the complicated details of their asbestos-related illnesses.
The mesothelioma lawyers should be aware of the asbestos litigation process and the statute of limitations for every state. They should also be able help their clients file a lawsuit in the proper court. Ultimately, the mesothelioma lawyers need to be in a position to hold accountable negligent asbestos manufacturers and get the victims the justice they need. Contact a knowledgeable asbestos law firm today for an initial consultation for free.