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Asbestos Class Action Lawsuit 10 Things I'd Love To Have Known Sooner
Class Action Lawsuits and Mesothelioma

If you have been diagnosed with mesothelioma, there are a variety of options to seek compensation. You can file an individual injury lawsuit or a wrongful-death suit when you have a loved one who died of mesothelioma.

A mesothelioma lawyer can help you choose the best solution for your specific situation.

The First Case

In the late 1970s and the early 1980s, a flood of asbestos cases began to take over the New Jersey judicial 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 raw or finished asbestos or products containing asbestos. The asbestos lawsuit grew so significant that it created an unusual legal phenomenon referred to as "mass torts."

In this sense mass tort refers to a type lawsuit in which an entire group of people are represented by a single attorney or law firm. The plaintiffs are faced with similar legal issues due to their asbestos exposure. The cases are filed in many different courts. The number of asbestos cases was so high that judges had to come up with special rules, procedures, and schedules.

One of the first well-known asbestos class action cases was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She suffered health issues as a result. Kershaw asked her employer to pay for her treatment, but the company refused. Kershaw passed away in her 33s due to fibrosis. It was caused by asbestos particles.

Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and tried to conceal the dangers. In the 1960s and 1970s, the connections between asbestos and diseases like mesothelioma began to be well-known in medical journals as well as major news publications. Asbestos's dangers were so well recognized that executives of companies could not keep it a secret.

Attorneys representing asbestos victims discovered evidence of a collaboration between asbestos manufacturers and asbestos companies to cover up asbestos' dangers. The personal documents of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company purposely kept asbestos's dangers a secret to protect its profits.

The Third Case

New Jersey courts were inundated with asbestos lawsuits during the latter part of the 1970s and 1980s. These cases overwhelmed the judicial system, leading to attempts to streamline litigation with class action lawsuits. However, the complexities of each victim's unique circumstances and symptoms have proven to be the biggest obstacle to a successful class action claim.

The dollar amount that a court will pay a plaintiff for their asbestos injury is determined by a variety of factors. The severity of mesothelioma diagnoses, the cost of treatment, as well as the degree of suffering are all elements that are taken into consideration. Victims who have suffered an even more severe diagnosis, such as those with pleural plaques or mesothelioma, often require significant compensation to cover a variety of financial expenses, including lost wages and ongoing care costs.

Individuals diagnosed with mesothelioma and other asbestos-related illnesses require money from their settlement or jury award to cover costly hospitalizations, expensive treatments and in-home medical care, as well as funeral expenses. They might also need to get future earnings to make up for the income they lost due to their illness. A financial award could help a victim and their family find peace of mind, knowing that the company responsible for their asbestos exposure is accountable for their damages.

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. The individuality of each asbestos exposure case and the different characteristics between mesothelioma diagnoses differ, which means that a class-action lawsuit will not effectively represent all the victims' interests in a fair manner.

As a result, asbestos victims are more likely to make individual lawsuits than are to file claims in a class. In fact, these lawsuits have been found to offer victims more compensation than a class action would offer.

An experienced mesothelioma attorney can assist families of victims seek justice through filing a personal lawsuit or VA benefits claim. An attorney can assist veterans connect with top mesothelioma specialists and other resources to enhance their treatment outcomes. Contact us today for a no-cost consultation to get started on your legal journey.

The Fourth Case

The Borel case, and other similar cases, helped establish an obligation of strict liability for asbestos producers. Many victims died before they were able to see the verdicts and settlements. Instead their families were left with funeral costs, medical bills, and the loss of companionship. It is important to find mesothelioma lawyers who have expertise in these types of cases.

Asbestos suits must be filed before the statute of limitation expires. You Tube differs from state to state and starts at the point that the victim was diagnosed with their first asbestos-related illness or injury. It is essential to speak with mesothelioma lawyers who can help you determine the most suitable time frame for filing an action.

A New York mesothelioma lawyer can help victims file an individual claim against the companies that are responsible for their exposure to asbestos. The process of suing can be complicated, so the people who are affected should be prepared to go through it. The mesothelioma lawyers can be at their clients' side every step of the process to ensure that they get the amount they are entitled to.


Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related illnesses. They should be able build strong cases using the evidence in every case. This information can be obtained from medical records and work records.

A mesothelioma attorney should be able to comprehend the law. They should be competent in explaining legal concepts in a way that is simple for those with no knowledge of the law to comprehend. Mesothelioma lawyers should also be able connect their clients with experts who can give them information about the specifics of their asbestos-related illnesses.

The mesothelioma lawyers should be knowledgeable about the asbestos litigation process and the statute of limitations for every state. They must also be able to help their clients file a lawsuit in the proper court. In the end, mesothelioma lawyers should be capable of holding negligent asbestos manufacturers accountable and ensure that the victims receive the justice they need. Contact an asbestos law firm for a no-cost consultation today.

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