The Three Greatest Moments In Asbestos Class Action Lawsuit History

Class Action Lawsuits and Mesothelioma
There are a variety of ways to get compensation if diagnosed with mesothelioma. You can bring a personal injury lawsuit or, if your loved ones have died due to mesothelioma, you can file a wrongful death lawsuit.
A mesothelioma lawyer can assist you choose the option that is best for your situation.
The First Case
In the late 1970s and early 1980s, an avalanche of asbestos-related cases began to engulf the New Jersey judicial system. These claims were brought by individuals suffering from various kinds of mesothelioma and other asbestos diseases or other issues related to exposure to finished or raw asbestos or products that contained asbestos. The asbestos litigation was so significant that it created an unusual legal phenomenon known as "mass torts."
In this sense, mass tort refers a type of lawsuit where many individuals are represented by one lawyer or law firm. The plaintiffs have similar legal issues as a result of their asbestos exposure. The cases are filed in various courts. The case load was so huge that it led judges to create specialized rules and procedures, as well as schedules to handle asbestos cases.
Nellie Kershaw, an industrial worker from Rochdale in England, filed one of the first asbestos class action lawsuits in 1924. Kershaw worked in a plant which made asbestos fibers into yarn and she was diagnosed with health issues as a result of the exposure. She asked her employer to cover her treatment, but the company denied. Kershaw died at 33 years old of fibrosis of the lungs that was directly caused by exposure to asbestos particles.
Many companies that mined, made or used asbestos or asbestos-containing products tried to hide the dangers of these deadly materials. But by the 1960s and 1970s the links between asbestos and illnesses like mesothelioma began to be widely known in medical journals and major news publications. Asbestos's dangers were so well acknowledged that business executives could not keep it a secret.
Attorneys representing asbestos victims uncovered evidence of the collusion between asbestos companies and manufacturers to conceal 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 kept asbestos's dangers a secret to safeguard its profits.
Atlanta
In the late 1970s and early 1980s, an avalanche of asbestos-related lawsuits began to inundate New Jersey courts. These cases overwhelmed the judicial system, which led to attempts to streamline litigation by utilizing class action suits. The particularity of each victim's individual symptoms and their exposure has proved to be the most significant obstacle to class action claims.
The dollar amount that a court will give a plaintiff in compensation for their asbestos-related injury is determined by dozens of factors. The severity of the mesothelioma diagnosis, cost of treatment, and the level of suffering are all elements that are considered. Victims who have had a more severe diagnosis, such as those who have pleural plaques, or mesothelioma, typically require substantial compensation to cover a wide range of financial costs, including lost wages and ongoing care costs.
People suffering from asbestos-related illnesses like mesothelioma may need money from their settlement to cover expensive hospitalizations, treatment or home care funeral expenses. They might also need to secure future earnings in order to replace the income they lost due to their disease. A monetary award can aid a victim and his/her family members feel at ease knowing that the business responsible for their asbestos exposure is accountable for their harm.
Despite the fact that there have been numerous instances of successful mesothelioma-related class actions, victims are often better in pursuing individual lawsuits. A class action can't represent the interests of all victims in a fair manner due to the individuality of each asbestos exposure and the different mesothelioma types.
As as a result, asbestos sufferers are more likely to make individual lawsuits than are to file a class action claim. These lawsuits have been found to provide victims more compensation than class actions.
A mesothelioma lawyer can assist families and victims seek justice by filing a lawsuit or VA benefit claim. An attorney can also help veterans find access to top mesothelioma doctors and other resources that can make the difference in their treatment results. Get started on your legal journey today by scheduling a a free consultation with an attorney.
The Fourth Case
The Borel case, and others like it led to the establishment of the strict liability of asbestos manufacturers. Many victims died before they could see the verdicts and settlements. Instead their families were left with funeral costs, medical bills, and the loss of companionship. This is why it is important to work closely with a mesothelioma attorney who has experience with these types of claims.
Asbestos lawsuits must be filed within the timeframe of limitations. The deadline varies from state to state and begins at the moment that the victim suffered their first asbestos-related injury or illness. It is crucial to consult with mesothelioma attorneys who will determine the ideal time to file a lawsuit.
A New York mesothelioma attorney can assist victims to file an action against the companies responsible for their asbestos exposure. Individuals who suffer from asbestos should be prepared to undergo the legal process, since it is often a complicated process. However, the mesothelioma attorneys will be at their client's side throughout the way to ensure that they get 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 solid arguments using the evidence that is presented in every case. This can include information gathered from medical records, work histories and other sources.
A mesothelioma attorney should be able to read the law. They should be able explain legal concepts to people who are not familiar with law. Mesothelioma lawyers should be able connect their clients to experts who can give them an understanding of the details of their asbestos-related illnesses.
The asbestos litigation process in every state and the statutes of limitations should be well-known to the mesothelioma lawyers. They should also be able to help their clients file a lawsuit in the appropriate court. In the end, mesothelioma lawyers need to be able to hold accountable negligent asbestos manufacturers and ensure that the victims receive the justice they deserve. Contact a knowledgeable asbestos law firm today for an initial consultation for free.