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10 Things You Learned In Preschool That'll Help You Understand Asbestos Class Action Lawsuit
Class Action Lawsuits and Mesothelioma

If you've been diagnosed with mesothelioma there are many ways to get compensated. You can bring a personal injury lawsuit or, if your loved one has died from mesothelioma, you may file a wrongful death lawsuit.

A mesothelioma attorney can help you determine the best option for your particular situation.

The First Case

In the late 1970s through the early 1980s a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These claims were filed by people suffering from different types of mesothelioma, asbestos diseases or other ailments resulting from exposure to either finished or raw asbestos or products that contained asbestos. The asbestos litigation became so important that it created an unusual legal phenomenon called "mass torts."

In this sense mass tort refers to a kind of lawsuit in which a large group of individuals are represented by one lawyer or law firm. The cases are filed in a wide number of courts and the plaintiffs share similar legal issues resulting from their exposure to asbestos. The number of cases filed was so high that judges were compelled to create specialized rules, procedures and schedules to handle asbestos cases.

Nellie Kershaw, factory worker from Rochdale in England, filed one of the first asbestos class action lawsuits in 1924. Kershaw was exposed to asbestos fibers when working in a factory. She developed health issues due to the exposure. She asked her employer to pay for her treatment, but the company refused. Kershaw died in her 33s from fibrosis, which was caused by asbestos particles.

Many companies that mined asbestos, made asbestos-containing products, and attempted to conceal the dangers. However, by the 1960s and 1970s, the connections between asbestos and illnesses like mesothelioma were becoming widely known in medical journals and other major news publications. The information on asbestos's dangers was so widespread that it was impossible for corporate executives to keep the information a secret.

Additionally, lawyers representing asbestos victims uncovered evidence of the collaboration between asbestos companies and manufacturers to cover up asbestos's dangers. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville discovered that the company had deliberately concealed the dangers of asbestos 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 overflow New Jersey courts. These cases overwhelmed the judicial systems which led to efforts to streamline litigation using class action suits. The particularity of each victim's individual symptoms and exposure has proven to be the biggest barrier to claims for class action.

The court's decision on the amount of money a plaintiff receives for their asbestos-related injuries is contingent on a variety of factors. The severity of the mesothelioma diagnosis, cost of treatment, and the extent of suffering are all elements that can be considered. Victims with a more serious diagnosis such as mesothelioma or pleural plaques require significant compensation in order to pay for their financial obligations. This includes lost wages and ongoing costs.

Individuals diagnosed with mesothelioma and other asbestos-related diseases require money from their settlement or jury award to pay for expensive treatments, hospitalizations, in-home care, or funeral costs. They could also be required to secure future earnings in order to recoup the income they lost due to their disease. A monetary award may help victims and their families feel secure knowing that the responsible company has been held accountable.

Despite the fact that there have been numerous instances of successful mesothelioma class actions the majority of victims are better to file individual lawsuits. The unique nature of each asbestos exposure case and the differences between different mesothelioma diagnoses mean that a class action cannot effectively represent all victims' rights in a fair and equitable manner.

As as a result, asbestos sufferers are more likely to file individual lawsuits than they are to file a class action claim. These lawsuits have been found to provide victims more compensation than class actions.

A mesothelioma lawyer with experience can help families of victims seek justice through filing a personal lawsuit or VA benefits claim. A lawyer can also help veterans access top mesothelioma doctors and other resources that can make the difference in their treatment results. Contact us today for a no-cost consultation to begin your legal journey.

The Fourth Case

The Borel case and other like it helped establish strict liability for asbestos manufacturers. However, many of the victims did not live to see the settlements and verdicts. Their families were left to pay for funeral costs, medical bills and loss of companionship. It is important to work with mesothelioma lawyers who have prior experience in these kinds of cases.


Asbestos lawsuits must be filed within the timeframe of limitations. This is a time period that varies by state and begins when the victim first suffered an asbestos-related injury or illness. It is essential to speak with mesothelioma lawyers who will determine the ideal time to file an action.

A New York mesothelioma lawyer can assist victims in filing an individual claim against the businesses that are responsible for their exposure to asbestos. Individuals who suffer from asbestos should be prepared to go through the litigation process, as it is often a complicated process. However, asbestos lawyers near me can be by their client's assistance every step of the way to ensure that they receive the compensation they are entitled to.

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 that is presented in every case. This can be done by analyzing information from medical records, work reports, and other sources.

A mesothelioma attorney must be able to read the law. They should be able to explain legal concepts to those who are not familiar with law. Additionally mesothelioma lawyers should be capable of connecting their clients with experts who can provide insight into the complex details of their asbestos-related injuries.

The asbestos litigation process in each state and the statutes of limitation should be well-known to mesothelioma lawyers. They should be able assist their clients in filing a lawsuit at the appropriate court. In the end, 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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