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Class Action Lawsuits and Mesothelioma There are a myriad of ways to get compensation if you've been diagnosed with mesothelioma. You can make a personal injury claim or, if a loved one has died from mesothelioma you can make a wrongful death claim. A mesothelioma lawyer can help you determine which option is best for your situation. The First Case In the late 1970s and into the early 1980s a flood of asbestos cases began to overwhelm the New Jersey judiciary system. These claims were filed on behalf of those who suffered from mesothelioma or other asbestos illnesses, or complications due to exposure raw or finished asbestos products or asbestos. The asbestos litigation was so significant that it spawned an unusual legal phenomenon called “mass torts.” In this context mass tort is a type of lawsuit where an entire group of individuals are represented by one attorney or law firm. The cases are filed in a vast number of different courts, and the plaintiffs have the same legal issues as a result of their common exposure to asbestos. The volume of cases was so high that it led judges to create specialized rules and procedures, as well as schedules to manage asbestos cases. Nellie Kershaw, an industrial worker from Rochdale in England she filed one of the first known asbestos class action lawsuits in 1924. Kershaw worked in a factory that spun asbestos fibers into yarn and she was diagnosed with health issues due to the exposure. Her employer was able to cover her treatment but they refused. Kershaw died at 33 years old of lung fibrosis that was directly caused by inhalation of asbestos dust particles. Many companies that mined asbestos made asbestos-containing products, and tried to hide their risks. In the 1960s and 1970s the links between asbestos and ailments like mesothelioma began to be widely known in medical journals and major news publications. The information about asbestos' dangers was so widespread that it became impossible for executives of companies to keep the information to themselves. In addition, attorneys representing asbestos victims discovered evidence of a conspiracy that existed between asbestos manufacturers and asbestos companies to hide asbestos's dangers. For instance, the personal papers of Sumner Simpson, the president of Raybestos Manhattan and the general counsel of Johns-Manville was discovered that revealed that the company knew about asbestos's dangers to ensure their profits. The Third Case In the latter part of the 1970s and into the early 1980s, a flurry of asbestos lawsuits began to flood New Jersey courts. These cases overwhelmed the justice system, prompting attempts at streamlining litigation through class action lawsuits. However, the complexities of each victim's unique exposure and symptoms have proven to be the most significant obstacle to successful class action claims. A court's determination of the amount of money a plaintiff receives for their asbestos injury depends on a myriad of factors. Warwick asbestos lawsuit of mesothelioma diagnoses, the cost of treatment and the level of suffering are all factors to be taken into consideration. Patients with a more serious diagnosis like mesothelioma or pleural plaques, require significant compensation in order to cover their financial expenses. This includes the loss of wages and ongoing expenses. People who are diagnosed with mesothelioma and other asbestos-related illnesses require funds from their settlement or jury award to pay for costly hospitalizations, expensive treatments and in-home medical care, as well as funeral expenses. They might also need to ensure future earnings to make up for the income they lost due to their disease. A financial award could aid a victim and his/her family members have peace of mind knowing that the business responsible for their asbestos exposure has been held accountable for their harm. Despite the fact that there have been a variety of successful mesothelioma-related class actions, victims are often better to file individual lawsuits. A class action cannot represent the interests of all victims in a fair manner due to the uniqueness of each asbestos exposure and distinct mesothelioma diagnoses. As a result, asbestos victims are more likely to make individual lawsuits than are to file class action claims. These lawsuits were found to give victims more compensation than class actions. A mesothelioma lawyer with experience can help victims and their families pursue justice by filing a lawsuit on their own or VA benefits claim. An attorney can assist veterans access top mesothelioma physicians and other resources to enhance their treatment outcomes. Get a free consultation today to begin your legal journey. The Fourth Case The Borel case and others similar cases helped establish strict liability for asbestos manufacturers. However, many of the victims didn't live to witness the verdicts and settlements. Instead their families were left with funeral costs as well as medical bills and the loss of companionship. It is essential to find mesothelioma attorneys who have experience in these cases. Asbestos lawsuits must be filed within the timeframe of limitations. This time period is different from state to state and begins at the point that the victim suffered their first 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 best timeline to file lawsuit. A New York mesothelioma attorney can assist victims to file claims against the businesses responsible for their asbestos exposure. The litigation process isn't easy, so people should be prepared to go through it. However, mesothelioma lawyers are by their clients' 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 should be able to construct solid cases using the evidence from each case. This information can be obtained from medical records or workplace history. A mesothelioma lawyer must be able to comprehend the law. They should be able explain legal concepts to those who are not familiar with the law. Mesothelioma lawyers should also be able connect their clients with experts who can provide them with information about the specifics of their asbestos-related ailments. The mesothelioma attorneys should be knowledgeable about the asbestos litigation process and the time limits 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 in a position to hold accountable negligent asbestos manufacturers and ensure that the victims receive the justice they need. Contact a reputable asbestos law firm today to get a no-cost consultation.