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Class Action Lawsuits and Mesothelioma If you've been diagnosed with mesothelioma there are many ways you can get compensation. You can make a personal injury claim or, if your loved ones have died due to mesothelioma you can file a wrongful death lawsuit. A mesothelioma lawyer can assist you determine the best option for your particular situation. The First Case In the late 1970s through the early 1980s a flood of asbestos-related cases began to overwhelm the New Jersey judiciary system. These claims were filed on behalf of individuals who suffered from mesothelioma or other asbestos diseases, or from complications relating to exposure raw or finished asbestos products or asbestos. The asbestos litigation became so important that it created an unusual legal phenomenon known as “mass torts.” In this case the term “mass tort” refers to a type of lawsuit in which a large number of people 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 exposure to asbestos. The number of asbestos cases so high that judges had to come up with special rules, procedures, and schedules. One of the first well-known asbestos class action lawsuits was filed in 1924 by a worker in a factory in Rochdale, England named Nellie Kershaw. Kershaw was employed in a factory that made asbestos fibers into yarn and she suffered health issues as a result of her exposure. Kershaw asked her employer to pay for her treatment, however, the company declined. Kershaw died at 33 years old of lung fibrosis that was directly caused by the exposure to asbestos particles. Many companies that mined, produced or used asbestos and asbestos-containing products attempted to hide the dangers of these deadly materials. However, by the 1960s and 1970s the links between asbestos and diseases like mesothelioma were becoming well-known in medical journals and other major news publications. The information on asbestos's dangers was so widespread that it was impossible for company executives to keep the knowledge a secret. Attorneys representing asbestos victims uncovered evidence of the conspiracy that existed between asbestos-related companies and manufacturers to cover up asbestos's dangers. The personal papers of Sumner Simpson – the president of Raybestos Manhattan, and the general attorney of Johns-Manville The documents revealed that the company had deliberately covered up asbestos' dangers in order to safeguard its profits. The Third Case New Jersey courts were inundated with asbestos lawsuits during the late 1970s and early 1980s. These cases overwhelmed the judicial system, leading to attempts to streamline litigation with class action lawsuits. The complexity of each victim's unique ailments and exposure has proven to be the biggest barrier to claims for class action. The court's decision on the dollar amount an individual plaintiff receives for their asbestos-related injuries is contingent on a myriad of factors. The severity of mesothelioma diagnoses, the cost of treatment, as well as the level of suffering are all elements that are taken into consideration. Victims who have suffered a more serious diagnosis, such as those who have pleural plaques, or mesothelioma, typically require significant compensation to cover a range of financial expenses, such as lost wages and ongoing healthcare costs. Individuals with asbestos-related diseases such as mesothelioma may need money from the settlement to pay for expensive hospitalizations, treatments, home care, or funeral costs. They may also need to find future income to replace their lost income due to their disease. A monetary award can help a victim and their family find peace of mind knowing that the business responsible for their asbestos exposure has been held accountable for their harm. Although there have been numerous successful mesothelioma class actions, it's usually more effective for victims to file individual lawsuits. The individuality of each asbestos exposure case and the differences between different mesothelioma diagnoses means that a class action cannot effectively represent all victims' rights in a fair manner. As the result, asbestos victims are more likely to file individual lawsuits than they are to file a class action claim. These lawsuits were found to offer victims more compensation than class actions. An experienced mesothelioma attorney can help families of victims pursue justice by filing an individual lawsuit or VA benefits claim. A lawyer can also assist veterans access top mesothelioma physicians and other resources that could enhance their treatment results. Begin your legal journey today by scheduling a an initial consultation with an attorney. The Fourth Case The Borel case and others similar to it helped establish strict liability for asbestos manufacturers. However, many victims did not live to see the settlements and verdicts. Their families were left to pay funeral expenses, medical bills and lost companionship. This is why it is crucial to work closely with a mesothelioma attorney that has experience in these cases. Asbestos lawsuits must be filed within the statute of limitations. The deadline varies from state to state and begins when the victim suffered their first asbestos-related illness or injury. It is recommended that individuals consult an attorney who is specialized in mesothelioma cases and can help them determine the best timeframe for filing lawsuit. A New York mesothelioma lawyer can help victims file an individual claim against the businesses that are responsible for their exposure to asbestos. The affected individuals must be prepared to undergo the process of litigation, as it can be a complex process. Mesothelioma lawyers are with their clients at every step of the process to ensure that they receive the compensation that they deserve. Asbestos lawyers must understand the science behind mesothelioma and other asbestos-related illnesses. They should be able build strong arguments based on the evidence in every case. This information can be gleaned from medical records and workplace histories. A mesothelioma lawyer needs to be able to read the law. They should be able explain legal concepts to those who have no knowledge of the law. In addition mesothelioma lawyers should be in a position to connect their clients with experts who are able to provide insight into the complex details of their asbestos-related illnesses. The mesothelioma lawyers should be knowledgeable about the asbestos litigation process as well as the statute of limitations for every state. They should be able assist their clients in filing a lawsuit with the appropriate court. Miramar asbestos lawsuits need to be in a position to hold accountable the negligent asbestos manufacturers and ensure that the victims receive the justice they need. Contact an experienced asbestos law firm today for a free consultation.