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Class Action Lawsuits and Mesothelioma
If you've been diagnosed with mesothelioma there are many ways to get compensated. You can make a personal injury claim or, if your loved one has passed away from mesothelioma, you may make a wrongful death claim.
A mesothelioma lawyer can assist you choose the best solution for your specific situation.
The First Case
In the latter part of the 1970s until the early 1980s a flood of asbestos cases began to overwhelm the New Jersey judiciary system. These cases were brought by people suffering from different kinds of mesothelioma and other asbestos diseases or other ailments resulting from exposure to raw or finished asbestos or products that contained asbestos. The asbestos litigation was so significant that it spawned an unusual legal phenomenon known as "mass torts."
In this sense, mass tort refers a type lawsuit in which many people is represented by one lawyer or law firm. The plaintiffs are faced with similar legal issues as a result of their exposure to asbestos. The cases are filed in various courts. The number of asbestos cases was so numerous that judges needed to come up with special rules, procedures, and schedules.
One of the first asbestos class action cases was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw was employed in a factory which made asbestos fibers into yarn and she was diagnosed with health issues as a result of her exposure. She asked her employer to pay for her treatment but the company refused. Kershaw passed away in her 33s from fibrosis, a condition caused by asbestos particles.
Many companies that mined, made or used asbestos and asbestos-containing products tried to hide the dangers of these deadly substances. In the 1960s and 70s medical journals and news media began to draw connections between asbestos and diseases like mesothelioma. The information about the dangers of asbestos was so widespread that it was impossible for corporate executives to keep the knowledge to themselves.
Attorneys representing asbestos victims have also uncovered evidence that asbestos companies and manufacturers conspired to cover up the dangers of asbestos. For instance, the personal documents of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville was discovered that revealed that the company had knowingly concealed asbestos's dangers to ensure their profits.
The Third Case
New Jersey courts were inundated with asbestos-related lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judicial system and led to efforts to streamline litigation through class action suits. The difficulty of each victim's specific symptoms and their exposure has proved to be the greatest obstacle to class action claims.
The amount of money a court will pay a plaintiff for their asbestos-related injuries is determined by a myriad of factors. This includes the severity of a person's mesothelioma-related diagnosis, the cost of medical treatments, as well as the severity of their suffering. Victims who have been diagnosed with an even more severe diagnosis, such as those suffering from pleural plaques or mesothelioma are often required to pay substantial compensation to cover a variety of financial expenses, such as the loss of wages and ongoing medical costs.
Individuals with asbestos-related diseases such as mesothelioma may require money from their settlement to cover expensive treatment, hospitalizations as well as home care or funeral expenses. They may also be required to secure future earnings in order to replace the income they lost due to their disease. A financial award can help the victim and their family members have peace of mind, knowing that the company responsible for their asbestos exposure is accountable for their damages.
Despite Hawthorne asbestos lawsuits that there have been a number of successful mesothelioma class actions, victims are often better off filing individual lawsuits. The distinct nature of each asbestos exposure case and the differences between mesothelioma diagnoses differ, which means that a class action cannot effectively represent all the victims' interests in a fair manner.
As as a result, asbestos sufferers are more likely to file individual lawsuits than they are to file class action claims. In fact, these lawsuits have been proven to offer victims more compensation than a class-action lawsuit could provide.
A mesothelioma lawyer can assist victims and families seek justice by filing a lawsuit or VA benefit claim. A lawyer can help veterans access top mesothelioma physicians 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 like it have helped establish the the strict liability of asbestos manufacturers. However, many of the victims didn't live to witness the verdicts and settlements. Instead, their families were left with funeral expenses, medical bills, and the loss of companionship. This is why it is crucial to partner with a mesothelioma law firm who has experience with these types of claims.
Asbestos lawsuits must be filed before the time limit expires. This is a time frame that varies from state to state and starts when the victim first was injured by asbestos or suffered an illness. It is essential to speak with mesothelioma lawyers who can help you determine the most suitable timeframe for filing an action.
A New York mesothelioma attorney can help victims file claims against the businesses responsible for their asbestos exposure. The affected individuals must be prepared to undergo the litigation process, as it can be complex. However, mesothelioma lawyers are by their clients' side every step of the way to ensure they receive the compensation they deserve.
Asbestos attorneys must be familiar with the research behind mesothelioma, asbestosis and other asbestos-related diseases. They must be able to construct strong arguments based on the evidence presented in every case. This can include information gathered from medical records, workplace reports and other sources.
A mesothelioma attorney must be able to comprehend the law. They should be able to explain legal concepts to people who are not familiar with the law. Mesothelioma attorneys should also be able connect their clients with experts who can provide them with an understanding of the details of their asbestos-related illnesses.
Mesothelioma lawyers must be familiar with the asbestos litigation process as well as the statute of limitations for every state. They should also be able to assist their clients to file an appropriate lawsuit in the right court. Ultimately, the mesothelioma lawyers need to be in a position to hold accountable negligent asbestos manufacturers 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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