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The Most Prevalent Issues In Asbestos Class Action Lawsuit
Class Action Lawsuits and Mesothelioma

There are many options to seek compensation if you've been diagnosed as having mesothelioma. You can file a personal injury suit or a wrongful-death suit when you have a loved one who died of mesothelioma.

A mesothelioma lawyer can help you decide which option is best for you.

The First Case

In the latter part of the 1970s and into the early 1980s, an avalanche of asbestos-related cases began to take over the New Jersey judicial system. These cases were brought by people suffering from different types of mesothelioma, asbestos diseases or other ailments resulting from exposure to finished or raw asbestos or products containing asbestos. The asbestos litigation was so significant that it spawned an unusual legal phenomenon known as "mass torts."

In this context mass tort refers to a kind of lawsuit in which an entire group of individuals are represented by one lawyer or law firm. The cases are filed in a wide number of courts, and the plaintiffs have similar legal issues due to their exposure to asbestos. The volume of cases was so huge that it led judges to create specialized rules and procedures, as well as schedules for handling asbestos cases.

Nellie Kershaw, an industrial worker from Rochdale in England was the one who filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers when working in a factory. She suffered health issues due to the exposure. Kershaw asked her employer to cover her treatment however, the company declined. Kershaw passed away at 33 years old of fibrosis of the lungs that was directly caused by exposure to asbestos particles.

Many companies that mined asbestos, produced asbestos-containing products, and tried to conceal their dangers. In the 1960s and 1970s, correlations between asbestos and illnesses like mesothelioma were becoming widely known in medical journals and major news publications. Asbestos's dangers were so well recognized that executives of companies could not keep it a secret.

In addition, attorneys representing asbestos victims discovered evidence of a collaboration between asbestos manufacturers and asbestos companies to cover up the dangers of asbestos. For instance, the personal papers 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' dangers to safeguard their profits.

The Third Case

In the late 1970s and early 1980s, a flurry of asbestos lawsuits began to flood New Jersey courts. These cases overwhelmed the judicial systems which led to efforts to streamline litigation by utilizing class action suits. The difficulty of each victim's specific ailments and exposure has proven to be the biggest barrier to class action claims.

The dollar amount that a court will give a plaintiff in compensation for their asbestos-related injury is determined by dozens of factors. asbestos lawsuit lawyers of the mesothelioma diagnosis, cost of treatment, as well as the degree of suffering are all elements that can be taken into consideration. Victims who have been diagnosed with a more severe diagnosis, such as those with pleural plaques or mesothelioma, typically require substantial compensation to cover a variety of financial costs, including lost wages and ongoing healthcare costs.

People who are diagnosed with mesothelioma and other asbestos illnesses need the funds from their settlement or jury award to pay for expensive treatments, hospitalizations and in-home medical care, as well as funeral expenses. They may also be required to secure future earnings in order to replace the income they lost due to their illness. A cash award can aid victims and their families find peace of mind knowing that the responsible company has been held accountable.

Although there have been numerous successful mesothelioma group actions, it's usually more effective for victims to pursue individual lawsuits. A class action is not able to represent the rights of all victims in a fair way because of the uniqueness of each asbestos exposure and distinct mesothelioma diagnoses.


Therefore, individual lawsuits are now more common than class action claims for asbestos victims. In fact they have been found to provide victims with more compensation than a class-action lawsuit could offer.

A mesothelioma attorney can help victims and families to seek justice by filing a lawsuit or VA benefit claim. A lawyer can also help veterans access top mesothelioma doctors and other resources that can make the difference in their treatment outcomes. Get a free consultation today to get started on your legal journey.

The Fourth Case

The Borel case and others similar cases have helped establish the legal liability of asbestos manufacturers. Many victims passed away before they could receive the verdicts and settlements. Their families were left to pay funeral costs, medical bills and loss of companionship. This is why it's important to work closely with a mesothelioma lawyer who has experience with these cases.

Asbestos lawsuits must be filed within the prescribed time of limitations. This time period is different from state to state and starts at the point that the victim suffered their first asbestos-related injury or illness. Individuals should always work with an attorney who specializes in mesothelioma cases and can assist them in determining the best timeline to file lawsuit.

A New York mesothelioma attorney can help victims file a claim against the businesses responsible for their asbestos exposure. The process of suing is a bit complicated, and people should be prepared to go through it. However, the mesothelioma attorneys will be at their client's side throughout the way to make sure they receive the compensation they deserve.

Asbestos attorneys must be familiar with the research behind asbestosis, mesothelioma and other asbestos-related diseases. They must be able to construct strong arguments based on the evidence presented in every case. This can include information gathered from medical records, workplace histories and other sources.

A mesothelioma lawyer needs to be able to comprehend the law. They must be able to explain legal concepts to people who are not familiar with law. Mesothelioma attorneys should also be able to connect their clients with experts who can provide information about the specifics of their asbestos-related ailments.

The asbestos litigation process in every state and the statutes of limitation should be well-known to the mesothelioma lawyers. They should be able to assist clients in filing a lawsuit with the appropriate court. The mesothelioma lawyers need to be in a position to hold 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.

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