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Class Action Lawsuits and Mesothelioma If you've been diagnosed with mesothelioma there are a variety of ways you can get compensation. 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 attorney can help you choose the option that is best for you. The First Case In the late 1970s and the early 1980s, a flood of asbestos cases began to engulf the New Jersey judicial system. These claims were filed by individuals suffering from various types of mesothelioma, asbestos-related diseases, and other issues related to exposure to finished or raw asbestos or products containing asbestos. The asbestos litigation was so significant that it created an unusual legal phenomenon called “mass torts.” In this context, mass tort refers a type lawsuit in which a large group of individuals are represented by one attorney or law firm. The plaintiffs are faced with similar legal issues as a result of their exposure to asbestos. Cases are filed in various courts. The number of cases filed was so high that it led judges to develop special rules, procedures and schedules to handle asbestos cases. Nellie Kershaw, factory worker from Rochdale in England she filed one of the first asbestos class action lawsuits in 1924. Kershaw worked in a factory which made asbestos fibers into yarn, and she developed health problems as a result of the exposure. Edinburg asbestos lawyer asked her employer to pay for her treatment, but the company refused. Kershaw passed away at the age of 33 from lung fibrosis, which was directly caused by exposure to asbestos particles. Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and attempted to conceal their dangers. However, by the 1960s and 1970s, the connections between asbestos and ailments like mesothelioma began to be well-known in medical journals and other major news publications. The information about asbestos' dangers was so widespread that it became impossible for executives of companies to keep the knowledge to themselves. Attorneys representing asbestos victims discovered evidence of a collusion between asbestos companies and manufacturers to cover up the dangers of asbestos. The personal documents of Sumner Simpson – the president of Raybestos Manhattan, and the general attorney of Johns-Manville – revealed that the company had deliberately covered up asbestos' dangers in order to safeguard its profits. The Third Case In the late 1970s and early 1980s, an avalanche of asbestos-related lawsuits began to overflow New Jersey courts. These cases overwhelmed the justice system, prompting attempts to streamline litigation through class action lawsuits. However, the complexities of each victim's individual vulnerability and symptoms have proved to be the greatest barrier to a successful class action claim. The court's decision about the dollar amount a plaintiff receives for their asbestos-related injuries is contingent on numerous factors. This includes the severity of a mesothelioma-related diagnosis, the cost of medical treatments, as well as the degree of their suffering. Victims with a more severe diagnosis such as pleural plaques or mesothelioma require a substantial amount of compensation to cover their financial costs. This includes the loss of wages and ongoing expenses. People who are diagnosed with mesothelioma and other asbestos illnesses need the funds from their settlement or jury award to pay for expensive treatments, hospitalizations and in-home medical care, as well as funeral expenses. They could also be required to get future earnings to make up for the income they lost due to their disease. A monetary award can help a victim and their family members feel at ease knowing that the business responsible for their asbestos exposure is accountable for their damages. Despite the fact that there have been a variety of successful mesothelioma-related class actions, victims are often 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 lawsuit will not effectively represent all victims' interests in a fair manner. Consequently, individualized lawsuits have become more popular than class action claims for asbestos victims. In fact the lawsuits have been found to offer victims greater compensation than a class-action lawsuit could offer. An experienced mesothelioma attorney can help victims and their families pursue justice by filing an individual lawsuit or VA benefits claim. A lawyer can also assist veterans get access to the top mesothelioma doctors and other resources that could 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, as well as others similar to it led to the establishment of strict liability of asbestos manufacturers. However, many of the victims were not alive to witness the verdicts and settlements. Instead their families were left with funeral expenses as well as medical bills and the loss of companionship. This is why it's important to work closely with a mesothelioma attorney who has experience with these claims. Asbestos suits must be filed before the time limit expires. This is a time period that varies by state and begins when the victim first suffered an asbestos-related injury or illness. It is crucial to consult with mesothelioma attorneys who can help you determine the most suitable time to file an action. A New York mesothelioma attorney can assist victims to file an action against the companies responsible for their asbestos exposure. The process of suing is a bit complicated, and people should be prepared to go through it. Mesothelioma lawyers are there for their clients throughout the entire process to ensure that they receive the compensation that they deserve. Asbestos attorneys must be familiar with the science behind mesothelioma, asbestosis, and other asbestos-related diseases. They should be able to construct solid cases using the evidence from each case. This information can be gleaned from medical records or workplace records. A mesothelioma lawyer must be able to comprehend 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 lawyers should be able connect their clients with experts who can provide insight into the details of their asbestos-related ailments. The mesothelioma lawyers should be familiar with the asbestos litigation process and the time limits in every state. They should be able to assist clients in bringing a lawsuit before the appropriate court. Mesothelioma lawyers should be able, in the end to hold negligent asbestos producers accountable and get victims the justice they need. Contact an asbestos law firm for a free consultation today.