Asbestos Class Action Lawsuits
If an asbestos-related victim files a suit, they are able to recover compensation and hold companies accountable. A lawsuit can help victims receive the money they require to live a comfortable life.
In the 1990s, lawyers for asbestos victims hoped that class actions would be able to manage the plethora of cases. The courts quickly learned that individual cases were the most effective way for asbestos victims to receive fair compensation.
The history of Asbestos Litigation
The asbestos industry grew rapidly during the 20th century because of its unique properties, such as durability and resistance to heat. Lorain asbestos lawsuits was used as the main ingredient in roofing, insulation, and other building materials. Asbestos is also cheap and readily available. However, manufacturers soon discovered that these same qualities were not without a drawback. Asbestos was deemed to be extremely toxic. People who handled or worked near asbestos products often developed serious health problems that include lung diseases such as mesothelioma and mesothelioma cancer.
Asbestos-related victims usually have a right to a substantial amount of compensation. The legal process to seek compensation can be complicated and time-consuming. Many victims suffered from the effects of asbestos for years before being diagnosed with mesothelioma or a different asbestos-related disease. The amount of the compensation a victim receives will be heavily influenced by their age, the amount of exposure they have to asbestos and other factors.
In the 1960s and 1970s, a number of class actions were brought against asbestos-related companies. One of the most well-known was a claim brought by Nellie Kershaw, a resident of Rochdale, England. Nellie worked at the Turner & Newall facility in the latter part of 1920 spinning asbestos fibers into thread. She was diagnosed with mesothelioma in the year 1969 and died a year later without receiving any compensation.
In the 1980s, mesothelioma cases increased across the nation. Hundreds of thousands of lawsuits filed individually. Each mesothelioma case is unique, and courts could not treat all cases as a single class action. Instead, federal courts combined mesothelioma claims into multidistrict litigation (MDL) cases.
MDL was a boon for plaintiffs' attorneys who specialized in pursuing and fomenting asbestos litigation. These law firms were known for coaching clients secretly and sending them to specific defendants, regardless of whether the defendant was responsible for the client's condition.
Today class action lawsuits against asbestos defendants have been largely ignored and individual lawsuits are the typical. Individual lawsuits are typically more successful in obtaining the proper compensation for mesothelioma victims and their families. The vast majority are personal injury or wrongful death lawsuits.
How Class Actions Work
Class action lawsuits allow lawyers to file a single lawsuit on behalf of a group of people who have suffered from the same illness or injury. These lawsuits help to manage cases that would be too complex to handle in the event that each plaintiff was required to file a separate case with the court. In the beginning lawyers meet with their clients to determine if they have a legal claim and determine if others have suffered similar injuries.
If lawyers believe they have a strong legal claim, they will submit the lawsuit to the court. The judge must then certify that the case is an action of a class. To achieve this, the court must determine that there are enough unnamed plaintiffs to make it difficult for them to file individual cases and that the named plaintiffs' claims are typical of the class' claims. The judge must also decide that the plaintiff who is the lead plaintiff will fair and effectively protect the interests of the class.
Attorneys will notify anyone who might be considered to be a member of a class when a class action has been certified. This includes anyone who has been harmed by the same incident or circumstance and has been affected the defendant's actions. If you are given notice, it will include the form to determine whether you wish to participate in the class action.
In the majority of cases, an attorney representing the class will reach a deal with the defendant or court. This settlement will then be distributed to the registered class members. The attorney(s) typically receive a portion of the compensation for their part in making the settlement happen and also for their time and effort in trying to resolve the case.
Defendants frequently argue that a lawsuit for class action is too broad, or based on a wide range of evidence and issues. This can be very difficult and certain cases have been dismissed when defendants have successfully used these arguments.
If you do not want to be part of a class action lawsuit, you can decide to withdraw from the lawsuit. You must make this decision within a certain timeframe after the class action has been approved as a class action and before the case has been concluded.
What are the reasons to seek justice for Asbestos Diseases?
Asbestos-related diseases can change the life of a victim. Mesothelioma and the other asbestos-related diseases are serious illnesses that require compensation for medical bills, ongoing treatments, and loss of income. Asbestos lawyers can assist families file suits against the companies that could be responsible for the exposure of their loved relatives.
Asbestos victims and their families have to contend with the fact that these diseases have long latency periods which means it could take a long time before symptoms are evident or a diagnosis is made. This could make it difficult to file an asbestos claim before the statute expires. It can be even more difficult to determine the source of illness for many asbestos victims, as they are impacted by the consequences of multiple asbestos-related companies. This is why asbestos lawyers often pursue compensation from multiple trusts in order to ensure that the victims receive the maximum award possible.
Class action lawsuits provide a unique opportunity for victims to pool resources and increase the chances of receiving an equitable settlement. This is particularly applicable to mesothelioma cases, which can be very expensive to treat.
It is estimated that mesothelioma as well as other asbestos-related diseases, kill thousands of people each year. The compensation you receive in a wrongful-death lawsuit won't bring back a loved one however, it could help pay funeral costs as well as medical bills and other losses.
The Justice Department is taking aim at the multibillion-dollar settlement process for asbestos victims, which critics claim is shady and susceptible to fraud and manipulation by well-connected lawyers. It is especially interested in cases that involve alleged misrepresentation and allegations that settlement processes have been altered by plaintiffs' attorneys to increase their fees or bankrupt asbestos companies.
A successful mesothelioma case will likely include compensation for the past and future pain physical pain, mental anguish disfigurement, loss of consortium, and much more. In addition to these damages for compensation, survivors can also seek punitive damages that are meant to punish the wrongdoers and deter others from engaging in similar actions. An attorney can help victims understand the different types damages they can claim and create an effective claim for compensation.
How Do Class Actions Work?
The person who files a lawsuit writes an outline of the facts of the case and the damages sought. They must also specify the group of people that the lawsuit is designed to represent. This could be on a nationwide or state-wide basis. Class action lawsuits often comprise people who worked for the same company, however this isn't always the case.
After the lawyers have determined that a class action is able to be filed, they must request for a judge's approval. Judges have a broad discretion in deciding whether and how much incentive is awarded to representatives of the class. They are usually an incentive for the time and expense involved in prosecuting the class action.
A lawyer with experience in asbestos-related illnesses can help people understand their legal options. This includes trust fund claims and individual mesothelioma lawsuits. An experienced lawyer can help victims and their families obtain justice and hold accountable companies accountable for the harm they've caused.
If a court approves a class action, all group members are bound by the results of the trial unless they expressly "opt-out" of the class action within a specified time frame. Individuals who "opt out" are still able to bring their own claim against the defendant, but they are not bound by the results of the class action.
Certain class actions settle all aspects of the group members' claims, while others leave certain issues to be dealt with on a case-by-case basis. In the majority of cases, remaining elements that aren't common to all group members (such as lost wages) are able to be addressed in the course of settling the settlement of a class action.
One of the disadvantages of the class action is that it may take years to finish. In some instances victims with limited life expectancies can become financially desperate and agree to a quick settlement which isn't enough to compensate them for their losses.
A class action lawsuit is not as individual as a case that is handled separately. Each victim's mesothelioma, and other injuries are different and a lawyer needs to know the specifics of each case to ensure the best possible outcome.