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10 Untrue Answers To Common Asbestos Class Action Lawsuit Questions Do You Know The Right Answers?
Class Action Lawsuits and Mesothelioma

There are many ways to receive compensation if diagnosed as having mesothelioma. You can file an individual injury lawsuit or a wrongful-death suit if you have loved ones who have died of mesothelioma.

A mesothelioma lawyer 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, a flurry of asbestos-related cases began to flood the New Jersey judicial system. These cases were brought on behalf of people who were suffering from mesothelioma and other asbestos illnesses, or complications due to exposure to finished or raw asbestos products or asbestos. The asbestos litigation was so significant that it created an unusual legal phenomenon known as "mass torts."

In this case the term "mass tort" refers to a type of lawsuit in which a large number of people are represented by one attorney or law firm. Plaintiffs face similar legal issues due to their asbestos exposure. Cases are filed in many different courts. The number of cases filed was so high that it led judges to create specialized rules, procedures and schedules to handle asbestos cases.

Nellie Kershaw, factory worker from Rochdale in England she filed one of the first known asbestos class action lawsuits in 1924. 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 medical treatments however, the company declined. Kershaw died in her 30s from fibrosis, a condition caused by asbestos particles.

Many companies that mined, made or used asbestos or asbestos-containing products attempted to hide the dangers of these deadly materials. In the 1960s and 70s, medical journals and news media began to make connections between asbestos and illnesses like mesothelioma. The information on the dangers of asbestos was so widespread that it became impossible for corporate executives to keep the knowledge to themselves.

Attorneys representing asbestos victims also uncovered evidence that asbestos companies and manufacturers conspired to conceal asbestos' dangers. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville discovered that the company deliberately kept asbestos's dangers a secret in order to protect its 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 unique exposure and symptoms have proven to be the biggest obstacle to successful class action claims.

The dollar amount that a court will award a plaintiff for their asbestos-related injuries is determined by a variety of factors. This includes the severity of a mesothelioma diagnosis, the expense of medical treatments, and the degree of their suffering. Victims who have had a more severe diagnosis, like those with pleural plaques or mesothelioma, typically require significant compensation to cover a wide range of financial expenses, including lost wages and ongoing care costs.

Patients suffering from asbestos-related diseases like mesothelioma may require money from their settlement to cover expensive treatment, hospitalizations as well as home care or funeral expenses. They may also require secure future earnings to replace their lost income due to their disease. A financial award can aid a victim and his/her family members have peace of mind in knowing that the company responsible for their asbestos exposure is accountable for their harm.

Despite the fact that there have been a variety of successful mesothelioma-related class actions the majority of victims are better in pursuing individual lawsuits. A class action is not able to represent the rights of all victims in a fair manner due to the individuality of each asbestos exposure and different mesothelioma diagnosis.

Therefore, individual lawsuits have become more common than claims based on class action for asbestos victims. In fact, these lawsuits have been found to provide victims with more compensation than a class action would offer.


A mesothelioma attorney can help families and victims get justice through filing a lawsuit or VA benefit claim. An attorney can assist veterans connect with top mesothelioma specialists and other resources to improve their treatment outcomes. Get a free consultation today to begin your legal journey.

The Fourth Case

The Borel case, and others similar to it have helped establish the strict liability of asbestos manufacturers. asbestos mesothelioma lawsuit passed away before they could receive 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 crucial to work closely with a mesothelioma law firm that has experience in these cases.

Asbestos suits must be filed before the time limit expires. This is a time frame that varies from state to state and begins when the victim first was injured by asbestos or suffered an illness. It is essential to speak with mesothelioma attorneys who can help you determine the most suitable time to file a lawsuit.

A New York mesothelioma lawyer can assist victims in filing an individual claim against the businesses that are responsible for their exposure to asbestos. The affected individuals must be prepared for the process of litigation, as it can be a complex process. However, mesothelioma lawyers can be by their client's side throughout the way to ensure they receive the compensation they deserve.

Asbestos lawyers must understand the science behind mesothelioma as well as other asbestos-related illnesses. They should be able to build solid arguments using the evidence that is presented in every case. This information can be gathered from medical records and work history.

A mesothelioma lawyer must be able to comprehend the law. They should also be able to explain legal concepts in a manner that is easy for people with limited knowledge of the law to comprehend. In addition, mesothelioma lawyers should be able to connect their clients with experts who are able to provide insight into the complex details of their asbestos-related illnesses.

The mesothelioma attorneys should be aware of the asbestos litigation process as well as the statute of limitations in every state. They should also be able assist their clients to file a lawsuit in the proper court. The mesothelioma attorneys must be capable, at the end of the day to ensure that negligent asbestos producers are held accountable and provide victims with the justice they are entitled to. Contact an asbestos law firm for a no-cost consultation today.

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