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A Brief History Of Asbestos Class Action Lawsuit History Of Asbestos Class Action Lawsuit
Class Action Lawsuits and Mesothelioma

There are a variety of ways to receive compensation if you've been diagnosed as having mesothelioma. You can make a personal injury claim or, if your loved ones have died due to mesothelioma, you may make a wrongful death claim.

A mesothelioma lawyer can assist you determine the best option for your situation.

The First Case


In the latter part of the 1970s until the beginning of the 1980s, a flurry of asbestos-related cases began to overtake the New Jersey judiciary system. These cases were brought by people suffering from various kinds of mesothelioma and other asbestos-related diseases, and other complications related to exposure to either finished or raw asbestos or products that contained asbestos. The asbestos litigation became so important that it led to an uncommon legal phenomenon known as "mass torts."

In this context, mass tort refers a type of lawsuit where many individuals are represented by one attorney or law firm. The plaintiffs have similar legal issues due to their asbestos exposure. The cases are filed in a variety of courts. The number of asbestos cases so large that judges had to create special rules, procedures and schedules.

One of the first well-known asbestos class action cases was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers when working in a factory. She was diagnosed with health issues as a result. Her employer asked her to pay for her treatment but the company refused. lawsuit asbestos died in her 33s from fibrosis, a condition caused by asbestos particles.

Many companies that mined asbestos, made asbestos-containing products, and attempted to conceal the dangers. In the 1960s and 1970s, the connections between asbestos and diseases such as mesothelioma became widely known in medical journals and other major news publications. Asbestos's dangers were so well recognized that executives of companies could not keep the information secret.

In addition, attorneys representing asbestos victims discovered evidence of a conspiracy that existed between asbestos manufacturers and asbestos companies to hide 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 showed the company knowingly concealed asbestos' dangers to protect their profits.

The Third Case

New Jersey courts were inundated with asbestos lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judicial system, leading to attempts to streamline litigation with class action lawsuits. However, the complexity of each victim's specific exposure and symptoms have proven to be the greatest barrier to successful class action claims.

The court's decision on the amount the plaintiff is awarded for their asbestos injury depends on a variety of factors. This includes the severity of a mesothelioma diagnosis, the expense of medical treatments, as well as the severity of their suffering. Victims with a more serious diagnosis such as mesothelioma or pleural plaques require substantial compensation to cover their financial costs. This includes the loss of wages and ongoing expenses.

Patients diagnosed with mesothelioma or other asbestos-related illnesses require funds from their settlement or jury award to pay for expensive treatments, hospitalizations as well as in-home care or funeral costs. They may also be required to secure future earnings in order to recoup the income they lost due to their illness. A financial award can aid a victim and his/her family members have peace of mind knowing that the business responsible for their asbestos exposure has been held accountable for their damages.

Although there have been numerous successful mesothelioma class actions, it is usually more beneficial for victims to file individual lawsuits. A class action is not able to represent the rights of all victims in a fair and equitable manner due to the individuality of each asbestos exposure and distinct mesothelioma diagnoses.

Therefore, individual lawsuits have become more common than class action claims for asbestos victims. These lawsuits have been found to provide victims more compensation than class actions.

A mesothelioma attorney can help families and victims get justice through filing a lawsuit or VA benefit claim. A lawyer can also assist veterans find access to top mesothelioma doctors and other resources that can make the difference in their treatment outcomes. Begin your legal journey today by scheduling a a free consultation with an attorney.

The Fourth Case

The Borel case and others similar to it have helped establish the strict liability of asbestos producers. However, many victims were not alive to witness the verdicts and settlements. Their families were left to pay for funeral costs, medical bills and lost companionship. It is important to work with mesothelioma attorneys who have experience in these types of cases.

Asbestos suits must be filed before the statute of limitation expires. The time frame differs from state to state, and begins at the moment that the victim was diagnosed with their first asbestos-related illness or injury. It is important to consult with a mesothelioma lawyer who will determine the ideal time frame for filing a lawsuit.

A New York mesothelioma lawyer can aid victims in filing an individual claim against the businesses that are responsible for their exposure to asbestos. Those individuals should be prepared for the process of litigation, as it is often a complicated process. The mesothelioma lawyers will be there for their clients throughout the process to ensure they receive the compensation that they deserve.

Asbestos lawyers should be familiar with the science behind mesothelioma, asbestosis and other asbestos-related diseases. They should be able to build solid arguments using the evidence presented in every case. This information can be gleaned from medical records and workplace history.

A mesothelioma lawyer needs to be able to read the law. They should be capable of explaining legal concepts in a way that is easy for people with no knowledge of the law to understand. Mesothelioma attorneys should also be able to connect their clients with experts who can provide them with an understanding of the details of their asbestos-related ailments.

The mesothelioma attorneys should be knowledgeable about the asbestos litigation process and the time limits in each state. They must also be able to assist their clients to file an appropriate lawsuit in the right court. The mesothelioma attorneys must be capable, at the end of the day to ensure that negligent asbestos producers are held accountable and ensure that victims receive the justice they need. Contact an experienced asbestos law firm today for an initial consultation for free.

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