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The No. One Question That Everyone In Asbestos Class Action Lawsuit Should Be Able Answer
Class Action Lawsuits and Mesothelioma

If you've been diagnosed with mesothelioma, there are several ways you can get compensation. You can file either a personal injury suit or a wrongful-death suit when you have loved ones who have passed away from mesothelioma.

A mesothelioma attorney can help you decide on the best choice for your particular situation.


The First Case

In the late 1970s and the early 1980s, an avalanche of asbestos cases began to flood the New Jersey judicial system. These claims were brought by people suffering from different types of mesothelioma, asbestos-related diseases, and other issues related to exposure to either finished or raw asbestos or products that contained asbestos. The asbestos litigation became so important that it led to an uncommon legal phenomenon known as "mass torts."

In this context mass tort is a type lawsuit in which a large group of people are represented by a single attorney or law firm. Plaintiffs face similar legal issues as a result of their exposure to asbestos. Cases are filed in many different courts. The number of cases filed was so high that it led judges to develop specialized 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 worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers when working in a factory. She was diagnosed with health issues due to the exposure. Kershaw asked her employer to pay for her treatments however, the company declined. Kershaw died at 33 years old of lung fibrosis, which was directly caused by the inhalation of asbestos dust particles.

Many companies that mined, made or used asbestos and asbestos-containing products tried to hide the dangers of these deadly materials. In the 1960s and 1970s medical journals and news media began to draw connections between asbestos and illnesses like mesothelioma. Asbestos dangers were so widely recognized that executives of companies could not keep the information secret.

Lawyers representing asbestos victims also discovered evidence that asbestos companies and manufacturers conspired to cover up the dangers of asbestos. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville were discovered and showed the company knowingly concealed asbestos's dangers to protect their profits.

The Third Case

New Jersey courts were inundated with asbestos-related lawsuits in the late 1970s and 1980s. These cases overwhelmed the justice system, prompting attempts to streamline litigation with class action lawsuits. However, the complexities of each victim's specific vulnerability and symptoms have proved to be the most significant obstacle to successful class action claims.

A court's determination of the amount of money the plaintiff is awarded for their asbestos-related injuries is contingent on a variety of factors. The severity of the mesothelioma diagnoses, the cost of treatment and the degree of suffering are all elements that are considered. Victims who have had a more serious diagnosis, such as those suffering from pleural plaques or mesothelioma, typically require significant compensation to cover a range of financial expenses, including lost wages and ongoing care costs.

Individuals with asbestos-related diseases like mesothelioma might require funds from the settlement to pay for expensive hospitalizations, treatment, home care, or funeral expenses. They might also need to ensure future earnings to make up for the income they lost due to their illness. A financial award could aid victims and their families feel secure knowing that the company responsible is accountable.

Although there have been a number of successful mesothelioma-related class actions, it is often more effective for victims to pursue individual lawsuits. The unique nature of each asbestos exposure case as well as the differing characteristics between mesothelioma diagnoses differ, which means that a class action cannot effectively represent all victims' interests in a fair and equitable manner.

Therefore, mesothelioma asbestos lawyer have become more common than claims based on class action for asbestos victims. In fact they have been found to provide victims with more compensation than a class-action lawsuit could offer.

An experienced mesothelioma attorney can assist victims and their families pursue justice by filing an individual lawsuit or VA benefits claim. A lawyer can help veterans connect with top mesothelioma specialists and other resources to enhance their treatment outcomes. Contact us today for a no-cost consultation to begin your legal journey.

The Fourth Case

The Borel case, and other similar cases, helped establish strict liability of asbestos manufacturers. However, many victims did not live to see the settlements and verdicts. Instead, their families were left with funeral expenses and medical bills, as well as the loss of companionship. This is why it's important to work closely with a mesothelioma law firm that has experience in these claims.

Asbestos lawsuits must be filed within the timeframe of limitations. This time period differs from state to state and starts at the moment that the victim was diagnosed with their first asbestos-related illness or injury. It is important to consult with a mesothelioma lawyer who can determine the best time frame for filing a lawsuit.

A New York mesothelioma attorney can assist victims in filing an action against the companies responsible for their asbestos exposure. The process of suing isn't easy, so those individuals should be ready to go through it. The mesothelioma lawyers will be with their clients at throughout the entire process to ensure that they get the compensation that they deserve.

Asbestos lawyers must be acquainted with the science behind mesothelioma, asbestosis, and other asbestos-related diseases. They must be able to construct strong cases using the evidence from each individual case. This can be done by analyzing information from medical records, work reports and other sources.

A mesothelioma attorney should be able to read the law. They must also be competent in explaining legal concepts in a manner that is easy for people with no knowledge of the law to understand. Mesothelioma lawyers should be able connect their clients to experts who can give them an understanding of the details of their asbestos-related ailments.

The asbestos litigation process in every state and the statutes of limitations should be well-known to the mesothelioma lawyers. They should be able assist their clients in bringing a lawsuit before the appropriate court. Ultimately, the mesothelioma lawyers need to be able to hold accountable negligent asbestos manufacturers and provide the victims with the justice they need. Contact an asbestos law firm for a no-cost consultation today.

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