Notes

Why No One Cares About Asbestos Class Action Lawsuit
Class Action Lawsuits and Mesothelioma

There are many options to seek compensation if you've been diagnosed with mesothelioma. You can file a personal injury lawsuit or, if a loved one has passed away from mesothelioma, you can bring a wrongful-death lawsuit.

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

The First Case


In the latter part of the 1970s and into the early 1980s, an avalanche of asbestos-related cases began to flood the New Jersey judicial system. These lawsuits were filed on behalf of people 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 to the point that it led to a unique legal phenomenon known as "mass torts."

In this sense mass tort is a kind of lawsuit in which an entire group of people are represented by a single attorney or law firm. The cases are filed in a wide number of different courts, and the plaintiffs have similar legal issues due to their common exposure to asbestos. The case load was so huge that it led judges to create specialized rules and procedures, as well as schedules to handle asbestos cases.

One of the first well-known asbestos class action lawsuits was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw worked in a factory that made asbestos fibers into yarn, and she was diagnosed with health issues as a result of the exposure. Her employer asked her to cover her treatment, but the company refused. Kershaw died in her 33s from fibrosis, a condition caused by asbestos particles.

Many companies that mined, made or used asbestos and asbestos-containing products tried to hide the dangers of these deadly substances. But by the 1960s and 1970s the links between asbestos and illnesses like mesothelioma began to be widely known in medical journals as well as major news publications. Asbestos dangers were so widely known that company executives could not keep it a secret.

In addition, attorneys representing asbestos victims uncovered evidence of a collaboration between asbestos-related companies and manufacturers to hide asbestos' dangers. 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 had knowingly concealed asbestos' dangers to protect their profits.

The Third Case

New Jersey courts were inundated with asbestos lawsuits during the late 1970s and 1980s. These cases overwhelmed the judicial systems which led to efforts to streamline litigation by utilizing class action suits. However, the complexities of each victim's individual circumstances and symptoms have proven to be the greatest barrier to the success of class action lawsuits.

The court's decision about the amount of money a plaintiff receives for their asbestos-related injury is based on a myriad of factors. This includes the severity of a person's mesothelioma diagnosis, the cost of medical treatments, and the severity of their suffering. Victims who have had a more serious diagnosis, like those with pleural plaques or mesothelioma, typically require significant compensation to cover a range of financial expenses, such as lost wages and ongoing care costs.

Patients suffering from asbestos-related diseases such as mesothelioma may need money from the settlement to pay for expensive treatment, hospitalizations or home care funeral expenses. They might also need to ensure future earnings to make up for the income they lost due to their disease. A monetary award can help the victim and their family members have peace of mind, knowing that the company responsible for their asbestos exposure is accountable for their harm.

Although there have been a number of successful mesothelioma class actions, it's usually more beneficial for victims to pursue individual lawsuits. A class action cannot represent the needs of all the victims in a fair way due to the individuality of each asbestos exposure and distinct mesothelioma types.

In the end, individual lawsuits have become more popular than class action claims for asbestos victims. These lawsuits were found to offer victims more compensation than class actions.

An experienced mesothelioma lawyer can help families of victims pursue justice by filing an individual lawsuit or VA benefits claim. A lawyer can help veterans access top mesothelioma physicians and other resources to enhance their treatment outcomes. Start your legal journey today by requesting an initial consultation with an attorney.

The Fourth Case

The Borel case and the others similar cases have helped establish strict liability for asbestos manufacturers. Many victims passed away before they could receive the verdicts and settlements. Their families were left to pay for funeral costs as well as medical bills and the loss of companionship. This is why it is important to work closely with a mesothelioma attorney that has experience in these cases.

Asbestos suits must be filed before the statute of limitations expires. This is a time frame that varies by state and begins when the victim has suffered an asbestos-related injury or illness. Individuals should always consult an attorney who is specialized in mesothelioma claims 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 companies responsible for their asbestos exposure. The litigation process can be complicated, so those individuals should be ready to go through it. Mesothelioma lawyers are at their clients' side throughout the process to ensure they receive the compensation that they deserve.

Asbestos lawyers should be familiar with the research behind mesothelioma, asbestosis, and other asbestos-related diseases. They must also be able to build strong arguments using the evidence from each case. This information can be gleaned from medical records and work histories.

A mesothelioma lawyer must be able to comprehend the law. They should be able to explain legal concepts to those who are not familiar with the law. Mesothelioma lawyers should be able to connect their clients with experts who can provide them with insight into the details of their asbestos-related injuries.

The mesothelioma attorneys should be familiar with the asbestos litigation process and the time limits in each state. They should be able to assist their clients in filing a lawsuit at the appropriate court. The mesothelioma lawyers must be competent, at the end to ensure that negligent asbestos producers are held accountable and get victims the justice they are entitled to. Contact an asbestos law firm for a no-cost consultation today.

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