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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 died from mesothelioma, you may file a wrongful death lawsuit. A mesothelioma lawyer can assist you decide which option is best for your situation. The First Case In the late 1970s and into the early 1980s, a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These cases were brought on behalf of individuals who were suffering from mesothelioma and other asbestos-related illnesses, or complications due to exposure raw or finished asbestos products or asbestos. The asbestos litigation became so important that it led to an uncommon legal phenomenon called “mass torts.” In this context, mass tort refers a type lawsuit in which many individuals are represented by one attorney or law firm. Plaintiffs face similar legal problems due to their exposure to asbestos. The cases are filed in many different courts. The number of asbestos cases was so numerous that judges needed to develop special rules, procedures, and schedules. One of the first well-known asbestos class action cases was filed in 1924 by a factory worker in Rochdale, England named Nellie Kershaw. Kershaw was exposed to asbestos fibers while working in a factory. She developed health issues as a result. Her employer was able to pay for her medical treatments, but the company refused. Kershaw died at the age of 33 from lung fibrosis that was directly caused by the inhalation of asbestos particles. Many companies that mined asbestos, made asbestos-containing products, and attempted to hide their risks. By the 1960s and 70s, medical journals and news publications began to draw connections between asbestos and diseases like mesothelioma. The information on asbestos's dangers was so widespread that it was impossible for executives of companies to keep the information from being kept secret. Attorneys representing asbestos victims have also discovered evidence that asbestos firms and manufacturers conspired to cover up asbestos's dangers. For instance, the personal papers of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville, were discovered that revealed that the company had knowingly concealed asbestos's dangers to safeguard their profits. The Third Case New Jersey courts were inundated with asbestos lawsuits during the latter part of the 1970s and 1980s. These cases overwhelmed the judicial system, leading to attempts to streamline litigation with class action lawsuits. The particularity of each victim's individual symptoms and exposure has proven to be the biggest barrier to claims for class action. Richardson asbestos lawyers on the amount of money the plaintiff is awarded for their asbestos injury depends on a variety of factors. The severity of mesothelioma diagnoses, the cost of treatment, and the degree of suffering are all factors that are considered. Victims with a more serious diagnosis like mesothelioma or pleural plaques require a substantial amount of compensation to pay for their financial obligations. This includes lost wages and ongoing costs. Individuals diagnosed with mesothelioma and other asbestos illnesses need the money from their settlement or jury award to cover expensive treatments, hospitalizations and in-home medical care, as well as funeral expenses. They may also require secure future earnings to make up for the loss of income due to their disease. A financial award could aid victims and their families find peace of mind knowing that the company responsible is accountable. Although there have been numerous successful mesothelioma class actions, it is usually more efficient for patients to pursue individual lawsuits. A class action is not able to represent the interests of all victims in a fair way due to the individuality of each asbestos exposure and distinct mesothelioma types. As as a result, asbestos sufferers are more likely to make individual lawsuits than are to file class action claims. In fact the lawsuits have been proven to offer victims more compensation than a class action would offer. A mesothelioma lawyer can help victims and families seek justice by filing a lawsuit or VA benefit claim. An attorney can assist veterans connect with top mesothelioma specialists and other resources to improve their treatment outcomes. Get a free consultation today to get started on your legal journey. The Fourth Case The Borel case, and other like it have helped establish the the strict liability of asbestos manufacturers. However, many of the victims were not alive to witness the settlements and verdicts. Their families were left with the burden of funeral costs, medical bills and loss of companionship. It is important to find mesothelioma lawyers who have expertise in these kinds of cases. Asbestos lawsuits must be filed within the statute of limitations. This is a period that varies by state and starts when the victim first suffered an asbestos-related injury or illness. Individuals should always work with an attorney who is specialized in mesothelioma claims and can assist them in determining the most appropriate timeframe to file an action. A New York mesothelioma lawyer can help victims file 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. The mesothelioma lawyers will be at their clients' side throughout the entire process to ensure that they get the compensation that they are entitled to. Asbestos lawyers must be acquainted with the research behind asbestosis, mesothelioma and other asbestos-related diseases. They must be able to create strong arguments by analyzing the evidence in each case. This information can be gathered from medical records and workplace records. A mesothelioma attorney must be able to comprehend the law. They should also be capable of explaining legal concepts in a way that is easy for people with no knowledge of the law to understand. In addition mesothelioma lawyers should also be in a position to connect their clients to experts who can provide insight into the complex details of their asbestos-related injuries. Mesothelioma lawyers must be familiar with the asbestos litigation process and the statute of limitations in every state. They should be able to assist their clients in filing a lawsuit at the appropriate court. The mesothelioma lawyers need to be able to hold negligent asbestos manufacturers accountable and ensure that the victims receive the justice they need. Contact an asbestos law firm for a free consultation today.