The History Of Asbestos Class Action Lawsuit

Class Action Lawsuits and Mesothelioma If you have been diagnosed with mesothelioma there are many options to seek compensation. You can make a personal injury claim or, if a loved one has passed away from mesothelioma you can file a wrongful death lawsuit. A mesothelioma attorney can help you decide on the best choice for your situation. The First Case In the late 1970s and into the early 1980s, a flood of asbestos cases began to overwhelm the New Jersey judiciary system. These cases were brought on behalf of people who suffered from mesothelioma or other asbestos diseases, or complications related to exposure to finished or raw asbestos products or asbestos. The asbestos litigation grew so large that it spawned an unique legal phenomenon referred to as “mass torts.” In this sense mass tort refers to a type of lawsuit where an entire group of individuals are represented by one attorney or law firm. The cases are filed in a large number of different courts, and the plaintiffs face similar legal issues due to their common exposure to asbestos. The volume of cases was so huge that it led judges to create specialized rules and schedules, procedures and protocols for handling asbestos cases. One of the first asbestos class action cases was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a factory. She was diagnosed with health issues as a result. Her employer asked her to cover her treatment, but the company refused. Kershaw died at the age of 33 from fibrosis of the lungs that was directly caused by exposure to asbestos particles. Many companies that mined asbestos made asbestos-containing products, and tried to conceal their dangers. But by the 1960s and 1970s, correlations between asbestos and diseases like mesothelioma were becoming widely known in medical journals and major news publications. The information about asbestos's dangers was so widespread that it was impossible for corporate executives to keep the information to themselves. Attorneys representing asbestos victims uncovered evidence of the collaboration between asbestos-related companies and manufacturers to hide the dangers of asbestos. The personal papers of Sumner Simpson – the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company had deliberately kept asbestos's dangers a secret in order to safeguard its profits. The Third Case In the late 1970s and in the early 1980s, an avalanche of lawsuits filed by asbestos victims began to overflow New Jersey courts. These cases overwhelmed the judicial systems which led to efforts to streamline litigation through class action suits. The complexity of each victim's unique symptoms and their exposure has proved to be the most significant obstacle to class action claims. The amount of money a court will award a plaintiff for their asbestos-related injury is determined by dozens of factors. The severity of mesothelioma diagnosis, the cost of treatment, and the degree of suffering are all elements that are taken into consideration. Patients with a more serious diagnosis, such as mesothelioma or pleural plaques, require substantial compensation to cover their financial costs. This includes lost wages and ongoing costs. Individuals with asbestos-related diseases such as mesothelioma may need money from their settlement to pay for expensive hospitalizations, treatments or home care funeral expenses. They may also need to find future income to make up for lost income due to their illness. A financial award could help the victim and their family find peace of mind knowing that the business responsible for their asbestos exposure has been held accountable for their damages. Although there have been a number of successful mesothelioma class actions, it's usually more efficient for patients to file 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 way. In the end, individual lawsuits are now more common than claims based on class action for asbestos victims. These lawsuits were found to give victims more compensation than class actions. Warren asbestos lawyer can help victims and families to seek justice by filing a lawsuit or VA benefit claim. An attorney can also help veterans find access to top mesothelioma specialists and other resources that can make the difference in their treatment outcomes. Request a free consultation today to get started on your legal journey. The Fourth Case The Borel case and others like it led to the establishment of the legal liability of asbestos manufacturers. However, many victims didn't live to witness the settlements and verdicts. Their families were left to pay for funeral costs as well as medical bills and the loss of companionship. This is why it's crucial to partner with a mesothelioma lawyer that has experience in these cases. Asbestos suits must be filed before the statute of limitations expires. This is a time frame that varies by state and begins when the victim has suffered an asbestos-related injury or illness. Individuals should always work with an attorney with expertise in mesothelioma cases and can assist them in determining the best timeframe for filing a lawsuit. 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 legal process, since it is often a complicated 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 of mesothelioma and other asbestos-related diseases. They should also be able to build solid cases based on the evidence of each case. This can include information gathered from medical records, workplace reports and other sources. A mesothelioma lawyer must be able to read the law. They must also be able to explain legal concepts in a manner that is simple for those who aren't experts on the law to understand. Mesothelioma attorneys should also be able connect their clients to experts who can give them an understanding of the details of their asbestos-related injuries. The mesothelioma attorneys should be aware of the asbestos litigation process and the statute of limitations in every state. They must also be able to assist their clients to file a lawsuit in the proper court. The mesothelioma lawyers must be able, in the end to ensure that negligent asbestos producers are held accountable and ensure that victims receive the justice they need. Contact an asbestos law firm for a free consultation today.