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Class Action Lawsuits and Mesothelioma If you've been diagnosed with mesothelioma, there are several ways you can get compensation. You can bring a personal injury lawsuit or, if your loved one has passed away from mesothelioma, you may make a wrongful death claim. A mesothelioma attorney can help you determine which option is best for you. The First Case In the late 1970s through the early 1980s a flood of asbestos cases began to overwhelm the New Jersey judiciary system. These lawsuits were filed on behalf of individuals who were suffering from mesothelioma and other asbestos-related diseases, or from complications relating to exposure raw or finished asbestos products or asbestos. The asbestos litigation became to the point that it led to an unusual legal phenomenon referred to as “mass torts.” In this context the term “mass tort” is a term used to describe a type of lawsuit in which a large number of people are represented by a single lawyer or law firm. Plaintiffs face similar legal issues due to their asbestos exposure. The cases are filed in a variety of courts. The number of cases filed was so large that it led judges to create specialized rules, procedures and schedules for handling 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 factory 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 however, the company declined. Kershaw died in her 33s from fibrosis, a condition caused by asbestos particles. Many companies that mined, produced or used asbestos and asbestos-containing products tried to hide the dangers of these deadly materials. But by the 1960s and 1970s, the connections between asbestos and diseases like mesothelioma were becoming widely known in medical journals and major news publications. The information about asbestos' dangers was so widespread that it became impossible for company executives to keep the information to themselves. In addition, attorneys representing asbestos victims uncovered evidence of the collaboration between asbestos-related companies and manufacturers to cover up asbestos' dangers. The personal papers of Sumner Simpson – the president of Raybestos Manhattan, and the general attorney of Johns-Manville discovered that the company deliberately covered up asbestos' dangers to protect its profits. The Third Case New Jersey courts were inundated with asbestos lawsuits in the late 1970s and 1980s. These cases overwhelmed the judiciary, leading to attempts to streamline litigation through class action lawsuits. The difficulty of each victim's specific ailments and exposure has proven to be the biggest barrier to class action claims. The dollar amount that a court will award a plaintiff for their asbestos-related injuries is determined by a myriad of factors. This includes the severity of a mesothelioma-related diagnosis, the cost of medical treatment, and the severity of their suffering. Patients with a more serious 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-related diseases require funds from their settlement or jury award to pay for expensive hospitalizations, treatments as well as in-home care or funeral expenses. They may also require get future earnings to make up for lost income due to their disease. A cash award can aid the families of victims find peace of mind knowing that the responsible company has been held accountable. While there have been several successful mesothelioma class actions, it's usually more efficient for patients to pursue individual lawsuits. The unique nature of each asbestos exposure case as well as the differing characteristics between different mesothelioma diagnoses means that a class action cannot effectively represent all the victims' interests in a fair and equitable manner. Consequently, individualized 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. An experienced mesothelioma lawyer can help families of victims pursue justice by filing an individual lawsuit or VA benefits claim. A lawyer can also help veterans access top mesothelioma physicians and other resources that can enhance their treatment results. Get started on your legal journey today by requesting a an initial consultation with an attorney. The Fourth Case The Borel case and the others similar to it have helped establish the legal liability of asbestos manufacturers. However, many of the victims didn't live to witness the settlements and verdicts. Their families were left to pay funeral expenses, medical bills and loss of companionship. It is crucial to choose a mesothelioma lawyer who has expertise in these kinds of cases. Asbestos suits must be filed before the statute of limitation expires. This time period differs from state to state and starts at the point that the victim has suffered their first asbestos-related injury or illness. It is essential to speak with mesothelioma lawyers who can determine the best timeframe for filing a lawsuit. A New York mesothelioma attorney can help victims file an action against the businesses responsible for their asbestos exposure. The litigation process isn't easy, so people should be prepared to go through it. However, the mesothelioma attorneys can be by their client's side every step of the way to ensure that they receive the money they are entitled to. Asbestos lawyers must be acquainted with the science behind mesothelioma, asbestosis, and other asbestos-related diseases. They must be able to construct strong arguments based on the evidence presented in every case. This information can be gathered from medical records or workplace history. A mesothelioma attorney must be able to read the law. Wichita asbestos lawsuit must also be competent in explaining legal concepts in a manner that is easy for people with no knowledge of the law to understand. Mesothelioma lawyers should also be able connect their clients with experts who can provide them with information about the specifics of their asbestos-related injuries. The mesothelioma attorneys should be knowledgeable about the asbestos litigation process as well as the time limits in each state. They should be able to assist their clients in bringing a lawsuit before the appropriate court. In the end, mesothelioma lawyers must be in a position to hold negligent asbestos manufacturers accountable and get the victims the justice they deserve. Contact a knowledgeable asbestos law firm today for an initial consultation for free.