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9 Lessons Your Parents Teach You About Asbestos Class Action
Asbestos Class Action Lawsuits

If an asbestos victim files a suit, they can seek compensation and hold companies accountable. A lawsuit can help victims receive the money they require to lead a comfortable lifestyle.

In the 1990s, lawyers representing asbestos victims hoped that a class of actions could handle the plethora of cases. However, courts soon realized that individual cases are the best method to secure fair compensation for asbestos victims.

The History of Asbestos Litigation

The asbestos industry grew quickly in the 20th century because of its unique properties of strength and resistance to heat. It was the main material used in roofing, insulation materials, and other building materials. Asbestos was also inexpensive and easily accessible. However, class action lawsuit asbestos exposure realized that these properties were accompanied by a downside. Asbestos is extremely toxic. The people who handled asbestos-related products or worked in close proximity to them frequently developed serious health issues, like lung diseases like mesothelioma.

Asbestos-related victims are often eligible for substantial compensation. However, the legal process for pursuing such compensation can be lengthy and complicated. Many victims have suffered from the effects of asbestos exposure for decades before they were diagnosed with a mesothelioma or any other asbestos-related illness. The amount of compensation a victim receives can be significantly affected by their age, extent of their exposure to asbestos, and other factors.

A number of asbestos-related lawsuits were filed as class actions during the 1960s and 1970s. One of the most famous was a claim made by Nellie Kershaw, a resident of Rochdale, England. Nellie worked at an Turner & Newall facility in the latter part of 1920, spinning asbestos fibers into thread. She was diagnosed with Mesothelioma. She passed away a year later, without any compensation.

In the 1980s, mesothelioma cases were on the rise across the nation. Many thousands of cases were filed. Because each mesothelioma lawsuit is unique, courts were unable manage all cases as a single class action. Rather, federal courts consolidated mesothelioma claims into multidistrict litigation (MDL) cases.

MDL was a boon for plaintiffs' attorneys who specialized in pursuing asbestos litigation. The law firms were known for coaching clients under cover and directing them towards specific defendants regardless of whether they were the ones responsible for their condition.

Today the class action lawsuits filed against asbestos defendants are no longer in fashion and individual lawsuits are the typical. These individual lawsuits are often more successful in obtaining the proper compensation for mesothelioma sufferers and their families. The majority of these lawsuits are personal injury or wrongful-death lawsuits.

How Class Actions Work

Class action lawsuits permit attorneys to file a single suit for an entire group of people who have suffered from the same injury or illness. They help in settling cases that are too big to manage in the event that each plaintiff was required to file their own individual case with the court. To begin the process, lawyers work with clients to determine if they have a legal claim, and to determine if there are others who may have suffered similar harm.

Attorneys can file a lawsuit in court if they believe they have a valid legal claim. The judge must then certify the case as an action for class. To do this, the court will have to decide if there are enough plaintiffs without names that it is impractical to file individual lawsuits and that the claims of the named plaintiffs are typical of the class. The judge must also decide that the principal plaintiff(s) will adequately and fairly safeguard the interests of the class.

Attorneys will notify anyone who may be considered to be a member of a class when a class action has been certified. This includes those who have been affected by the same incident or circumstance that has affected the defendant's actions. If you receive notice, it will include a form that asks whether you wish to be part of the class action.

In most cases, an attorney who is handling the class action will reach a settlement with either the defendant or court. The settlement will be distributed to all members of the class. The attorney(s) will usually take part of the settlement for their role in making the settlement happen and also for their time and effort spent in pursuing the case.

Defendants often argue that a lawsuit for a class action is too broad, or is based on a myriad of issues and evidence. This can be very difficult and certain cases have been dismissed because defendants have succeeded in using these arguments.

If you do not wish to participate in a class action lawsuit, you may decide to withdraw from the lawsuit. You must do so within a certain timeframe after the class action lawsuit has been certified.

Why seek justice for asbestos-related diseases?

Asbestos-related diseases can change the lives of victims. Those who have been diagnosed with mesothelioma, or any other asbestos-related disease should receive compensation to pay for medical expenses, ongoing treatment, and lost income. Asbestos lawyers can assist families file lawsuits against companies that could be responsible for their loved relatives exposure to asbestos.

Asbestos victims and their families must be aware that these diseases have long latency periods which means it could take a long time before symptoms are evident or a diagnosis is established. This makes it difficult to file a claim for asbestos before the statute of limitations expires. It can be even more difficult to determine the source of illness for many asbestos victims, since they are affected by the effects of multiple asbestos companies. This is the reason asbestos lawyers frequently pursue compensation from multiple trusts to ensure that asbestos victims receive the maximum amount of money possible.

Class action lawsuits give victims a the chance to combine their resources and improve their chances of receiving an equitable settlement. This is particularly true for mesothelioma, which can be very expensive to treat.

Sadly, it is estimated that thousands of people die from mesothelioma and asbestos-related diseases each year. Achieving compensation in a lawsuit for wrongful death won't bring the loved ones back however, it could help pay funeral costs and medical bills, as well as other expenses.

The Justice Department is taking aim at the multibillion-dollar system of settlement for asbestos victims, which critics claim is opaque and susceptible to manipulation and fraud by well-connected attorneys. The department is particularly interested in cases involving alleged misrepresentation and allegations that settlement processes have been altered by plaintiffs' lawyers to increase their fees or to bankrupt asbestos companies.

A successful mesothelioma case is likely to include compensation for the past and future pain, physical pain, mental anguish disfigurement, loss of consortium, and more. In addition to these compensatory damages victims can also seek punitive damages that are designed to punish perpetrators and discourage others from engaging in similar conduct. An attorney can help victims comprehend the different kinds of damages they are entitled to and help them build an effective claim for compensation.

How do class actions work?

The person who files the lawsuit writes legal documents that spell out the details of their case and the damages they want. They also have to define the class of people that the lawsuit is aimed at representing. This could be at a national or state-wide level. Class action lawsuits usually contain employees of the same company, but this is not always necessary.

After the lawyers have determined that a class action can be filed, they must request the judge to accept it. Judges have a broad discretion in deciding whether and how incentives are awarded to class representatives. These are typically an amount of compensation for the time and expenses involved in prosecuting an action class.

People suffering from asbestos-related illnesses should consult an experienced attorney to discuss their legal options including individual mesothelioma cases and trust fund claims. An experienced lawyer can assist the families of victims and the companies responsible for the harm they caused get justice.


If a court approves a class action the entire group will be bound by the results of the trial unless they specifically "opt-out" of the action within a specific period of time. Individuals who "opt out" are still able to bring their own claim against the defendant, but they will not be bound to the outcomes of the class action.

Certain class actions settle all aspects of the claims of the group members while others leave certain issues to be resolved on a case-by-case basis. In most cases, the remaining elements (such as lost wages) that aren't shared by all group members could be resolved through a settlement of an action class.

One of the drawbacks of class actions is that it may take years to finish. In some cases victims with limited life expectancies may be financially desperate and agree to a quick settlement which doesn't adequately compensate them for their losses.

Another issue with class action suits is that they don't offer the same personal service as an individual case. Each victim's mesothelioma or other injuries are unique. Lawyers need to know the details of each case to ensure the highest possible outcome.

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