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Class Action Lawsuits and Mesothelioma If you've been diagnosed with mesothelioma, there are several ways to get compensated. You can file a personal injury lawsuit or, if your loved one has died from mesothelioma you can file a wrongful death lawsuit. A mesothelioma lawyer can help you determine the best option for your specific situation. The First Case In the latter part of the 1970s and into the early 1980s, an avalanche of asbestos-related cases began to engulf the New Jersey judicial system. These cases were brought on behalf of those who were suffering from mesothelioma and other asbestos illnesses, or complications due to exposure to raw or finished asbestos products or asbestos. The asbestos litigation became so important that it spawned an unusual legal phenomenon known as “mass torts.” In this context the term “mass tort” refers to a kind of lawsuit where a significant number of people are represented by a single attorney or law firm. The cases are filed in a large number of courts and the plaintiffs have the same legal issues as a result of their exposure to asbestos. The number of cases filed was so huge that judges were compelled to create specialized rules and schedules, procedures and protocols to manage asbestos cases. One of the first well-known asbestos class action lawsuits 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 denied. Kershaw passed away at 33 years old of fibrosis of the lungs that was directly caused by the inhalation of asbestos dust particles. Many companies that mined asbestos produced asbestos-containing products, and tried to conceal the dangers. However, by the 1960s and 1970s, correlations between asbestos and illnesses such as mesothelioma became well-known in medical journals and other major news publications. Asbestos ' dangers were so widely acknowledged that business executives could not keep it a secret. Attorneys representing asbestos victims also uncovered evidence that asbestos companies and manufacturers conspired to hide the dangers of asbestos. The personal documents of Sumner Simpson – the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company had deliberately concealed the dangers of asbestos to protect its profits. The Third Case In the latter part of the 1970s and into the in the early 1980s, an avalanche of lawsuits filed by asbestos victims began to flood New Jersey courts. These cases overwhelmed the judicial system and led to efforts to streamline litigation through class action suits. However, the complexities of each victim's specific vulnerability and symptoms have proved to be the biggest obstacle to successful class action claims. The dollar amount that a court will give a plaintiff in compensation for their asbestos-related injuries is determined by a myriad of factors. These include the severity of a mesothelioma-related diagnosis, the cost of medical treatments, and the degree of their suffering. Victims who have been diagnosed with a more serious diagnosis, like those with pleural plaques or mesothelioma, often require significant compensation to cover a range of financial costs, including the loss of wages and ongoing medical costs. Individuals diagnosed with mesothelioma and other asbestos illnesses need the money from their settlement or jury award to pay for expensive treatments, hospitalizations, in-home care, or funeral costs. They may also be required to get future earnings to recoup the income they lost due to their illness. A financial award could help a victim and their family members feel at ease, knowing that the company responsible for their asbestos exposure has been held accountable for the harm they caused. Despite the fact that there have been a number of successful mesothelioma class actions the majority of victims are better to file individual lawsuits. The unique nature of each asbestos exposure case and the differences between different mesothelioma diagnoses mean that a class action will not effectively represent all the victims' interests in a fair and equitable manner. Therefore, individual lawsuits have become more popular than claims based on class action for asbestos victims. In fact they have been found to provide victims with more compensation than a class action would provide. A mesothelioma lawyer can help victims and families to seek justice by filing a lawsuit or VA benefit claim. An attorney can assist veterans access top mesothelioma physicians and other resources to enhance their treatment outcomes. Begin your legal journey today by scheduling a an initial consultation with an attorney. The Fourth Case The Borel case, and other similar cases, helped establish an obligation of strict liability for asbestos producers. However, many of the victims did not live to see the verdicts and settlements. Their families were left to pay funeral expenses, medical bills and lost companionship. It is crucial to find mesothelioma lawyers who have experience in these cases. Asbestos lawsuits must be filed within the statute of limitations. This is a time frame that varies by state and begins when the victim has was injured by asbestos or suffered an illness. It is recommended that individuals consult an attorney who specializes in mesothelioma cases and can assist them in determining the most appropriate timeframe to file an action. A New York mesothelioma lawyer can assist victims in filing an individual claim against the businesses that are responsible for their exposure to asbestos. The affected individuals must be prepared to undergo the legal process, since it is often a complicated process. Mesothelioma lawyers are with their clients at throughout the process to ensure they receive the amount they deserve. Asbestos attorneys must be familiar with the science behind mesothelioma, asbestosis and other asbestos-related diseases. They must also be able to build solid cases using the evidence from each case. This can be done by analyzing information from medical records, workplace reports, and other sources. A mesothelioma lawyer must be able to comprehend the law. Lawrence asbestos lawyers must be able to explain legal concepts to people who have no knowledge of the law. Mesothelioma lawyers should also be able to connect their clients with experts who can give them an understanding of the details of their asbestos-related illnesses. The asbestos litigation process in each state and the statutes of limitation should be known to mesothelioma lawyers. They should be able assist their clients in bringing a lawsuit before the appropriate court. The mesothelioma lawyers must be able, in the end, to ensure that negligent asbestos producers are held accountable and provide victims with the justice they are entitled to. Contact an asbestos law firm for a no-cost consultation today.