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Class Action Lawsuits and Mesothelioma If you have been diagnosed with mesothelioma there are many options to seek compensation. You can file a personal injury suit or a wrongful death lawsuit in the case of loved ones who have died of mesothelioma. A mesothelioma lawyer can help you determine which option is best for you. The First Case In the latter part of the 1970s until the early 1980s a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These lawsuits were filed on behalf of those who suffered from mesothelioma or other asbestos-related diseases, or complications related to exposure raw or finished asbestos products or asbestos. The asbestos litigation became so significant that it created an unusual legal phenomenon referred to as “mass torts.” In this sense, the term mass tort refers to a kind of lawsuit where a significant number of people are represented by a single lawyer or law firm. Plaintiffs face similar legal issues due to their exposure to asbestos. The cases are filed in many different courts. The amount of asbestos cases so high that judges had to develop special rules, procedures, and schedules. One of the first well-known asbestos class action lawsuits was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw was employed in a factory which spun asbestos fibers into yarn and she developed health problems as a result of her exposure. She asked her employer to cover her treatment, but the company denied. Kershaw passed away at 33 years old from lung fibrosis that was directly caused by inhalation of asbestos dust particles. Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and attempted to conceal their dangers. In the 1960s and 1970s, medical journals and news magazines began to make connections between asbestos and diseases such as mesothelioma. The information on the dangers of asbestos was so widespread that it was impossible for company executives to keep the information from being kept secret. Attorneys representing asbestos victims have also discovered evidence that asbestos companies and manufacturers conspired to hide the dangers of asbestos. The personal papers of Sumner Simpson – the president of Raybestos Manhattan, and the general attorney of Johns-Manville – revealed that the company purposely kept asbestos's dangers a secret to safeguard its profits. The Third Case New Jersey courts were inundated with asbestos-related lawsuits in the late 1970s and 1980s. These cases overwhelmed the judicial system which led to efforts to streamline litigation by utilizing class action suits. However, the complexity of each victim's individual circumstances and symptoms have proven to be the greatest barrier to the success of class action lawsuits. The court's decision on the dollar amount a plaintiff receives for their asbestos-related injuries is contingent on a myriad of factors. These include the severity of a mesothelioma-related diagnosis, the cost of medical treatment, and the degree of their suffering. Victims with a more severe diagnosis like mesothelioma or pleural plaques, require substantial compensation to cover their financial expenses. This includes the loss of wages and ongoing expenses. People suffering from asbestos-related illnesses, such as mesothelioma, may need money from the settlement to pay for expensive hospitalizations, treatments, home care, or funeral expenses. They could also be required to ensure future earnings to recoup the income they lost due to their disease. A cash award can aid the families of victims have peace of mind knowing that the company responsible has been held accountable. Although there have been numerous successful mesothelioma-related class actions, it's usually more beneficial for victims to file individual lawsuits. The individuality of each asbestos exposure case and the differences between different mesothelioma diagnoses mean that a class-action lawsuit will not effectively represent all the victims' interests in a fair way. In the end, individual lawsuits have become more common than claims based on class action for asbestos victims. In fact they have been found to offer victims more compensation than a class action could offer. A mesothelioma lawyer can assist families and victims seek justice by filing a lawsuit or VA benefit claim. A lawyer can also assist veterans access top mesothelioma physicians and other resources that can enhance their treatment results. Get started on your legal journey today by scheduling a an initial consultation with an attorney. The Fourth Case The Borel case, as well as others similar to it, helped establish the strict liability of asbestos manufacturers. However, many victims were not alive to witness the settlements and verdicts. 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 lawyer who has experience with these cases. Asbestos lawsuits must be filed before the statute of limitation expires. This is a period that is different for each state and begins when the victim first was injured by asbestos or suffered an illness. Individuals should always work with an attorney who is specialized in mesothelioma lawsuits and can assist them in determining the best timeframe for filing a lawsuit. A New York mesothelioma lawyer can aid victims in filing an individual claim against the companies that are responsible for their exposure to asbestos. The litigation process can be complicated, so people should be prepared to go through it. However, mesothelioma lawyers can be by their client's assistance every step of the way to ensure that they receive the money they deserve. Asbestos lawyers must be knowledgeable about the science behind mesothelioma as well as other asbestos-related diseases. They must be able to construct solid cases using the evidence from each individual case. This can include information gathered from medical records, work reports, and other sources. A mesothelioma attorney should be able to comprehend the law. They must also be competent in explaining legal concepts in a way that is simple for those with limited knowledge of the law to understand. Additionally mesothelioma lawyers should be able to connect their clients with experts who can provide information on the complicated details of their asbestos-related injuries. The asbestos litigation process in every state and the statutes of limitation should be well-known to mesothelioma lawyers. Newton asbestos lawsuit should be able assist their clients in filing a lawsuit with the appropriate court. The mesothelioma lawyers must be competent, at the end to make negligent asbestos producers accountable and ensure that victims receive the justice they deserve. Contact an experienced asbestos law firm today to get an initial consultation for free.