What NOT To Do Within The Asbestos Class Action Lawsuit Industry
Class Action Lawsuits and Mesothelioma
If you've been diagnosed with mesothelioma, there are many ways you can get compensation. You can make a personal injury claim or, if a loved ones have died due to mesothelioma you can make a wrongful death claim.
A mesothelioma lawyer can assist you decide on the best choice for your particular situation.
The First Case
In the late 1970s and into the early 1980s a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These cases were brought by people suffering from various types of mesothelioma, asbestos diseases or other complications related to exposure to either finished or raw asbestos or products that contained asbestos. The asbestos litigation became so important that it spawned an unusual legal phenomenon called "mass torts."
In this case, the term mass tort refers to a kind of lawsuit wherein a large number of people are represented by a single lawyer or law firm. The cases are filed in a vast number of courts, and the plaintiffs share similar legal issues due to their exposure to asbestos. The case load was so large that judges were compelled to develop specialized rules and procedures, as well as schedules to manage asbestos cases.
One of the first asbestos class action lawsuits was filed in 1924 by a factory worker from Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a manufacturing facility. She was diagnosed with health issues as a result. Kershaw asked her employer to pay for her treatment however, the company declined. Kershaw died at 33 years old of lung fibrosis that was directly caused by the inhalation of asbestos dust particles.
Many companies that mined, produced or used asbestos and asbestos-containing products attempted to hide the dangers of these dangerous substances. In the 1960s and 70s, medical journals and news magazines began to draw connections between asbestos and diseases like mesothelioma. Asbestos dangers were so widely known that company executives could not keep the information secret.
Attorneys representing asbestos victims have also discovered evidence that asbestos lawyer companies and manufacturers conspired to hide asbestos's dangers. The personal papers of Sumner Simpson - the president of Raybestos Manhattan, and the general attorney of Johns-Manville - revealed that the company had deliberately concealed the dangers of asbestos in order to protect its profits.
The Third Case
New Jersey courts were inundated with asbestos lawsuits in the late 1970s and 1980s. These cases overwhelmed the justice system, prompting attempts at streamlining litigation through class action lawsuits. However, the complexities of each victim's specific circumstances and symptoms have proven to be the most significant obstacle to a successful class action claim.
A court's determination of the amount a plaintiff receives for their asbestos injury depends on numerous factors. These include the severity of a mesothelioma diagnosis, the cost of medical treatment, and the severity of their suffering. Victims with a more severe diagnosis, such as mesothelioma or pleural plaques, require a substantial amount of compensation to cover their financial costs. This includes the loss of wages and ongoing expenses.
Individuals with asbestos-related diseases, such as mesothelioma, may require money from their settlement to cover expensive hospitalizations, treatments, home care, or funeral expenses. They might also need to ensure future earnings to make up for the income they lost due to their illness. A financial award could help the victim and their family members feel at ease in knowing that the company responsible for their asbestos exposure is accountable for their damages.
While there have been several 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 way due to the individuality of each asbestos exposure and the different mesothelioma diagnoses.
As a result, asbestos victims are more likely to make individual lawsuits than are to file a class action claim. These lawsuits were found to offer victims more compensation than class actions.
A mesothelioma lawyer with experience can assist families of victims seek justice through filing a personal lawsuit or VA benefits claim. A lawyer can also assist veterans get access to the top mesothelioma doctors and other resources that can enhance their treatment outcomes. Get a free consultation today to get started on your legal journey.
The Fourth Case
The Borel case and the others similar to it have helped establish the strict liability of asbestos producers. Many victims died before they could see the verdicts and settlements. Their families were left to pay funeral expenses, medical bills and loss of companionship. It is important to work with mesothelioma lawyers who have experience in these types of cases.
Asbestos lawsuits must be filed before the statute of limitations expires. This is a time period that is different for each state and begins when the victim has was injured by Asbestos Lawyer or suffered an illness. Individuals should always consult an attorney who specializes in mesothelioma lawsuits and can help them determine the most appropriate timeframe to file a lawsuit.
A New York mesothelioma attorney can assist victims to file an action against the companies responsible for their asbestos exposure. Those individuals should be prepared for the process of litigation, as it can be a complex process. However, mesothelioma lawyers are by their clients' assistance every step of the way to ensure that they receive the money they deserve.
Asbestos lawyers must understand the science behind mesothelioma and other asbestos-related diseases. They must be able to construct strong cases using the evidence in every case. This can be done by analyzing information from medical records, work reports, and other sources.
A mesothelioma lawyer needs to be able to read the law. They should be able to explain legal concepts in a way that is easy for people with limited knowledge of the law to comprehend. Mesothelioma attorneys should also be able to connect their clients to experts who can provide information about the specifics of their asbestos lawyer-related ailments.
The asbestos litigation process in every state and the statutes of limitation should be well-known to the mesothelioma lawyers. They should be able assist their clients in filing a lawsuit with the appropriate court. Mesothelioma lawyers should be able, in the end, to make negligent asbestos producers accountable and get victims the justice they need. Contact an asbestos attorney law firm for a free consultation today.