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Class Action Lawsuits and Mesothelioma There are a variety of ways to receive compensation if you've been diagnosed as having mesothelioma. You can file either a personal injury lawsuit or a wrongful-death suit if you have a loved one who died of mesothelioma. A mesothelioma lawyer can help you choose the best solution for your situation. The First Case In the late 1970s and early 1980s, a flurry of asbestos cases began to engulf the New Jersey judicial system. These claims were filed by people suffering from various types of mesothelioma, other asbestos diseases or other complications related to exposure to raw or finished asbestos or products containing asbestos. The asbestos litigation became to the point that it led to an unique legal phenomenon referred to as “mass torts.” In this context mass tort is a type lawsuit in which many people is represented by one lawyer or law firm. The cases are filed in a wide number of courts and the plaintiffs have similar legal issues resulting from their common exposure to asbestos. The number of asbestos cases so numerous that judges needed to develop specific rules, procedures, and schedules. Nellie Kershaw, factory worker from Rochdale in England, filed one of the first asbestos class action lawsuits in 1924. Kershaw worked in a plant that made asbestos fibers into yarn and she suffered health issues as a result of her exposure. Her employer asked her to pay for her treatment, however, the company declined. Kershaw passed away in her 33s from fibrosis, a condition caused by asbestos particles. Many companies that mined asbestos manufactured asbestos or asbestos-containing products, and attempted to conceal their dangers. But by the 1960s and 1970s, the connections between asbestos and ailments like mesothelioma began to be well-known in medical journals and other major news publications. The information about asbestos's dangers was so widespread that it became impossible for corporate executives to keep the information to themselves. Attorneys representing asbestos victims also discovered evidence that asbestos firms and manufacturers conspired 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 had deliberately concealed the dangers of asbestos to protect its profits. The Third Case New Jersey courts were inundated with asbestos-related lawsuits in the late 1970s and early 1980s. These cases overwhelmed the judicial systems which led to efforts to streamline litigation through class action suits. The complexity of each victim's unique ailments and exposure has proven to be the biggest barrier to class action claims. The amount of money a court will give a plaintiff in compensation for their asbestos-related injuries is determined by dozens of factors. The severity of mesothelioma diagnosis, the cost of treatment, as well as the degree of suffering are all elements to be considered. Patients with a more serious diagnosis like mesothelioma or pleural plaques require significant compensation in order to pay for their financial obligations. This includes the loss of wages and ongoing expenses. Atlanta asbestos lawsuit suffering from asbestos-related illnesses such as mesothelioma may need money from their settlement to cover expensive hospitalizations, treatment as well as home care or funeral costs. They may also need to get future earnings to replace their lost income due to their illness. 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 group actions, it is usually more effective for victims to pursue 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 victims' rights in a fair way. As a result, asbestos victims are more likely to pursue individual lawsuits than they are to file class action claims. In fact they have been proven to offer victims more compensation than a class action could provide. An experienced mesothelioma attorney can assist families of victims seek justice by filing a lawsuit on their own or VA benefits claim. An attorney can assist veterans find top mesothelioma doctors and other resources to improve their treatment outcomes. Get a free consultation today to begin your legal journey. The Fourth Case The Borel case, and others similar to it led to the establishment of strict liability of asbestos manufacturers. Many victims passed away before they could receive the settlements and verdicts. Instead, their families were left with funeral costs as well as medical bills and the loss of companionship. It is important to work with a mesothelioma lawyer who has experience in these cases. Asbestos lawsuits must be filed before the time limit expires. This is a time period that varies from state to state and begins when the victim first was injured by asbestos or suffered an illness. It is recommended that individuals consult an attorney who is specialized in mesothelioma lawsuits and can help them determine the most appropriate timeframe to file a lawsuit. A New York mesothelioma lawyer can aid victims in filing 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 complex. However, the mesothelioma attorneys will be at their client's side every step of the way to make sure they get the compensation they are entitled to. Asbestos lawyers must understand the science of mesothelioma and other asbestos-related illnesses. They must be able to construct strong cases based on the evidence of each individual case. This information can be obtained from medical records and work records. A mesothelioma lawyer must be able to comprehend the law. They should be able explain legal concepts to those who have limited knowledge of law. Mesothelioma attorneys should also be able connect their clients with experts who can provide an understanding of the details of their asbestos-related injuries. The mesothelioma attorneys should be familiar with the asbestos litigation process and the statute of limitations in each state. They should be able to assist clients in filing a lawsuit with the appropriate court. The mesothelioma attorneys must be able, in the end to make negligent asbestos producers accountable and get victims the justice they need. Contact an asbestos law firm for a no-cost consultation today.