Francesca Marler asked 1 ปี ago
Class Action Lawsuits and Mesothelioma
If you’ve been diagnosed with mesothelioma, there are many options to seek compensation. You can file a personal injury lawsuit or, if your loved one has passed away from mesothelioma you can make a wrongful death claim.
A mesothelioma lawyer can help you choose the option that is best for you.
The First Case
In the late 1970s and early 1980s, a flood of asbestos exposure lawsuit settlements cases began to engulf the New Jersey judicial system. These cases were brought by people suffering from various kinds of mesothelioma and other asbestos diseases or other issues related to exposure to finished or raw asbestos or products containing asbestos. The asbestos lawsuit grew to the point that it led to an unique legal phenomenon referred to as “mass torts.”
In this sense, the term mass tort refers to a type of lawsuit wherein 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 exposure to asbestos. Cases are filed in various courts. The volume of cases was so large that judges were compelled to develop special rules and procedures, as well as schedules to handle asbestos cases.
Nellie Kershaw, factory worker from Rochdale in England was the one who filed one of the first known asbestos class action lawsuits in 1924. Kershaw worked in a factory which made asbestos fibers into yarn, and she was diagnosed with health issues as a result of her exposure. Kershaw asked her employer to cover her treatment but they refused. Kershaw died in her 33s due to fibrosis. It was caused by asbestos laws particles.
Many companies that mined, produced or used asbestos-containing products tried to conceal the dangers of these dangerous substances. By the 1960s and 70s, medical journals and news publications began to draw connections between asbestos and illnesses like mesothelioma. The information on the dangers of asbestos was so widespread that it was impossible for corporate executives to keep the information to themselves.
In addition, attorneys representing asbestos victims discovered evidence of the collaboration between asbestos manufacturers and asbestos companies to cover up asbestos’s dangers. The personal documents of Sumner Simpson – the president of Raybestos Manhattan, and the general attorney of Johns-Manville – revealed that the company deliberately kept asbestos’s dangers a secret to protect its profits.
The Third Case
New Jersey courts were inundated with asbestos lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judiciary, leading to attempts to streamline litigation with class action lawsuits. The complexity of each victim’s unique ailments and exposure has proven to be the greatest obstacle to claims for class action.
The court’s decision on the dollar amount a plaintiff receives for their asbestos injury depends on numerous factors. The severity of the mesothelioma diagnosis, cost of treatment, as well as the degree of suffering are all elements that can be considered. Victims who have suffered an even more severe diagnosis, like those suffering from pleural plaques or mesothelioma, typically require significant compensation to cover a range of financial costs, history including lost wages and ongoing care costs.
Patients suffering from asbestos-related diseases such as mesothelioma may require money from their settlement to cover expensive hospitalizations, treatments, home care, or funeral expenses. They may also be required to get future earnings to recoup the income they lost due to their disease. A financial award could aid a victim and his/her family members feel at ease knowing that the business responsible for their asbestos exposure has been held accountable for their damages.
Although there have been a number of successful mesothelioma-related class actions, it is usually more effective for victims to file individual lawsuits. A class action is not able to represent the interests of all victims in a fair manner due to the uniqueness of each asbestos exposure and the different mesothelioma diagnosis.
As a result, asbestos victims are more likely to make individual lawsuits than are to file claims in a class. These lawsuits have been found to provide victims more compensation than class actions.
An experienced mesothelioma attorney can help families of victims pursue justice through filing a personal lawsuit or VA benefits claim. A lawyer can also assist veterans get access to the top mesothelioma specialists and other resources that could enhance their treatment results. Get a free consultation today to begin your legal journey.
The Fourth Case
The Borel case, as well as others similar cases led to the establishment of an obligation of strict liability for asbestos producers. Many victims passed away before they could receive the verdicts and settlements. Their families were left to pay funeral costs as well as medical bills and the loss of companionship. This is why it’s important to work closely with a mesothelioma lawyer that has experience in these claims.
Asbestos suits must be filed before the time limit expires. This is a period that varies from state to state and begins when the victim has suffered an asbestos-related injury or illness. It is recommended that individuals consult an attorney with expertise in mesothelioma cases and can assist them in determining the best timeline to file a lawsuit.
A New York mesothelioma lawyer can help victims file an individual claim against the companies that are responsible for their exposure to asbestos. The process of suing isn’t easy, so the people who are affected should be prepared to go through it. However, mesothelioma lawyers will be at their client’s side throughout the way to ensure that they receive the compensation they deserve.
Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related diseases. They must be able to construct strong cases using the evidence that is presented in each case. This information can be gleaned from medical records or workplace history.
A mesothelioma attorney must be able to read the law. They should also be capable of explaining legal concepts in a way that is easy for people with limited knowledge of the law to understand. In addition mesothelioma lawyers should be capable of connecting their clients with experts who can provide information on the complicated details of their asbestos-related illnesses.
The mesothelioma asbestos law firm lawyers should be familiar with the asbestos litigation process as well as the statute of limitations for every state. They should be able to assist their clients in bringing a lawsuit before the appropriate court. Ultimately, the mesothelioma lawyers need to be capable of holding accountable the negligent asbestos manufacturers and ensure that the victims receive the justice they deserve. Contact an asbestos law firm for a free consultation today.