Asbestos Class Action Lawsuits
A victim of asbestos can sue to obtain compensation and hold companies accountable. A lawsuit will also allow victims to receive the funds they need to live a comfortable life.
In the 1990s, lawyers representing asbestos victims hoped that class actions would be able to manage the large number cases. However, courts soon learned that individual cases are the best way to obtain fair compensation for asbestos victims.
The History of Asbestos Litigation
The asbestos industry grew quickly in the 20th Century due to its unique properties, such as heat resistance and durability. It became the primary material for insulation, roofing products and other building materials. Asbestos is also cheap and readily available. Manufacturers soon realized that these same advantages were not without a cost. Asbestos was deemed to be extremely poisonous. People who handled or worked near asbestos products often developed serious health problems that include lung diseases like mesothelioma and mesothelioma cancer.
Asbestos victims often have the right to a substantial amount of compensation. The legal process to pursue compensation can be arduous and long-winded. Many victims have suffered the effects of asbestos exposure for decades before they were diagnosed with mesothelioma or any other asbestos-related illness. The amount of compensation the victim receives is determined by a variety of factors, such as their age and the severity of their asbestos exposure.
A number of asbestos-related lawsuits were filed as class actions during the 1960s and 1970s. One of the most well-known was filed by Nellie Kershaw of Rochdale, England. Nellie was employed at the Turner & Newall plant in the latter part of 1920, spinning asbestos fibers into yarn. She was diagnosed with mesothelioma in 1969 and passed away within a year without receiving any compensation.
In the 1980s mesothelioma cases increased across the nation. Many thousands of cases were filed. Each mesothelioma lawsuit is unique, and courts could not consider all cases as a class action. Federal courts instead consolidated mesothelioma cases to multidistrict litigation.
MDL was a boon to plaintiffs' attorneys who specialized in pursuing asbestos litigation. These law firms were renowned for coaching clients secretly and sending them to specific defendants, regardless of whether the defendant was accountable for the client's illness.
Today class action lawsuits against asbestos defendants have been largely ignored and individual lawsuits are the typical. Individual lawsuits are more effective in obtaining a fair amount of compensation for mesothelioma patients as well as their families. The majority of mesothelioma lawsuits are brought as personal injury or wrongful death lawsuits.
How Class Actions Work
Class action lawsuits allow attorneys to file a lawsuit on behalf of a group who have suffered from the same illness or injury. These lawsuits are used to handle large cases that would otherwise be impossible to manage in the event that each plaintiff had to file their own case with the court. To get the process started, lawyers work with clients to determine whether they have a legal claim and to identify others who could have suffered similar injuries.
Attorneys can file a suit in court once they believe they have a good legal claim. The judge must then confirm the case as an action for class. To accomplish this, the judge must determine that there are sufficient unnamed plaintiffs that it is impractical to file individual lawsuits, and that the claims of the plaintiffs named are typical of the class. The judge must also determine that the leading plaintiff(s) will effectively and fairly protect the interests of the class.
When a class-action lawsuit is certified, attorneys will mail notices to anyone who could be considered a part of the class. This is anyone who has been injured by the same event or circumstance that has affected by the actions of the defendant. You will be required to sign a form if you receive a notice.
In most cases, the lawyer(s) who are handling the class action will reach a settlement with the defendant or the court. This settlement will then be distributed to the registered class members. The attorney(s) typically take a portion of the compensation for their part in bringing about the settlement and for their time and effort trying to resolve the case.
The defendants typically argue that a suit for a class action is too broad, or based on a myriad of evidence and issues. This can be a difficult task and some cases have been dismissed after defendants have successfully used these arguments.
You can opt out if you do not want to be part of a lawsuit. Tracy asbestos lawsuits must make this decision within a certain timeframe after the class action is certified as a class action, and before the case is settled.
Why Seek Justice for Asbestos Diseases?
It is important to seek justice for those who have suffered of asbestos exposure since asbestos-related illnesses can change your life forever. Mesothelioma and the other asbestos-related diseases are serious illnesses that require compensation for medical expenses and ongoing treatments as well as loss of income. Asbestos lawyers can assist families file suit against companies responsible for the exposure of their loved ones.
Asbestos victims and their families have to face the fact that these diseases can have long latency times, meaning it could take decades before symptoms are evident or an accurate diagnosis is made. This delay makes it difficult to file an asbestos claim before the statute of limitations expires. Many asbestos victims are also dealing with the effects of multiple asbestos companies which makes it even more difficult to determine who is to blame for their ailments. This is the reason asbestos lawyers frequently seek compensation from multiple trusts in order to ensure that the victims get the highest amount of compensation possible.
Class action lawsuits offer victims the chance to share their resources and increase the likelihood of receiving a fair settlement. This is particularly true for mesothelioma which can be costly to treat.
It is estimated that mesothelioma, as well as other asbestos-related diseases cause the deaths of thousands of people each year. Achieving compensation in a lawsuit for wrongful death won't bring back a loved one however, it could help pay for funeral expenses as well as medical bills and other expenses.
The Justice Department is taking aim at the multibillion-dollar system of settlement for asbestos victims, which critics claim is shady and susceptible to fraud and manipulation by well-connected lawyers. It is particularly interested in cases involving alleged misrepresentation of the facts and claims that the settlement process has been manipulated by some plaintiffs' lawyers to increase their fees, and bankrupt asbestos-related companies.
A successful mesothelioma case will likely include compensatory damage for the past and future pain. This can include physical discomfort, mental stress disfigurement, loss of consortium. In addition to compensatory damages, the survivors may also seek punitive damage to punish the perpetrators or discourage others from engaging in similar conduct. An attorney can explain the various types of damages available to victims and assist them make a convincing case for compensation.
How do class actions work?
The person who files the lawsuit drafts an official document that sets out the details of their case, as well as the damages they seek. They should also state the type of people the lawsuit is intended to represent. This could be on a national or state-wide basis. Class action lawsuits often include people who worked for the same company, but this isn't always the case.
After the lawyers have determined that a class action is able to be filed, they must ask for a judge's approval. Judges have broad decision-making authority when it comes to deciding if and how to award rewards to the class members. These are typically compensation for the time and expenses involved in pursuing the class action.
A lawyer who has experience with asbestos-related illnesses can help people to understand their legal options. This includes trust fund claims as well as individual mesothelioma suits. An experienced lawyer can help victims and their families get justice and hold responsible companies accountable for the harm they have caused.
If a court approves a class-action, the members of the group are bound by the outcomes of the case unless they "opt-out" within a specific time. Individuals who "opt out" can still assert their own claim against the defendant, but they will not be bound to the results of the class action.
Certain class actions settle all aspects of claims of the group members while others leave certain issues to be resolved on a case-by-case basis. In most cases, the remaining issues (such as lost wage) that aren't shared by all group members are able to be addressed in the settlement of a class action.
One of the disadvantages of a class action is that it may take years to finish. In some cases victims with a short life expectancy could become financially desperate. They may agree to a quick resolution that does not compensate them for their losses.
A class action lawsuit isn't as individual as a case handled individually. Every victim's mesothelioma or other injuries are distinct. Lawyers need to be aware of the specifics of each case to ensure the best possible outcome.