Asbestos Class Action Lawsuits
Mesothelioma lawsuits can take years to resolve, and they often involve multiple defendants. Class action lawsuits offer victims a better experience and lower costs.
Some claim, however, that docket pressures or consolidated actions can result in less fair results. It's possible that the pity of jurors could result in higher amounts being awarded to less injured claimants.
How It Works
In a class action lawsuit, several victims sue a corporation or companies for their asbestos exposure. The victims share similar claims. A judge supervises each case to ensure they are treated equally and fairly. The judge will then award the victims the exact amount of compensation. In some cases, a victim may receive compensation up to several million dollars.
A seasoned lawyer will be able to create a convincing case based on your mesothelioma diagnosis, medical history, and prior work-sites. They can develop an outline of how asbestos exposure impacted you. A firm with experience can also move your case quickly to ensure you be compensated in the most time.
Asbestos patients must bring a mesothelioma lawsuit within the statute of limitation which is set by each state. This means it is crucial to choose a mesothelioma law firm that has prior experience with these types of claims and can gather the necessary evidence to support your case.
Mesothelioma, a malignant cancer, is caused by inhaling asbestos fibers. The diagnosis of mesothelioma is devastating to patients and their families.
Asbestos exposure was widespread throughout the United States, causing many people to develop serious illnesses such as mesothelioma, asbestosis and other asbestos-related illnesses. Asbestos lawsuits have exposed the negligence of asbestos companies as well as assist in holding accountable those responsible for exposing people to asbestos that is dangerous.
Many of these companies were bankrupt after sustaining massive asbestos settlements and verdicts and mesothelioma trust fund were established to assist victims and their families receive fair compensation. While earlier mesothelioma judgments and settlements were class actions, these lawsuits are now not as common.
An experienced mesothelioma attorney can help you file a personal injury or wrongful death claim against the responsible party. A reputable firm can help you file for VA benefits if you are mesothelioma-stricken veteran, or file for an individual family member's wrongful-death suit.
A mesothelioma lawyer who is experienced can assist you with an out-of court settlement or trial. They can assist you in determining the amount you are entitled to for mesothelioma damage, which include future and past medical costs as well as lost wages along with pain and suffering and more.
Settlements
Asbestos class actions are often settled before the jury trial. In most cases, victims receive compensation from the asbestos company which exposed them to mesothelioma and other asbestos-related diseases and their insurance company or asbestos trust funds for victims. The amount of settlement is contingent upon a number of factors which include how much victims have lost in benefits and wages and the amount of pain and suffering.
A key issue with a settlement of asbestos class actions is how to distribute the compensation to all individuals who file claims. Asbestos attorneys have sought to settle these cases in a way that would ensure that each person is paid an equitable and fair amount of compensation. However, several judges have rejected this approach. They ruled that the diverse exposure histories and ailments that the members of the class cannot be effectively represented in one lawsuit, and there is a risk of unfairness to future victims when all cases are settled before time.
In light of these reasons, courts have chosen to hear individual mesothelioma lawsuits rather than settlements in a class. In these lawsuits, the lawyers for each plaintiff work together to gather evidence and organize it. They also meet to discuss the specifics of each case and come to a settlement on behalf of their clients. They then present their settlement proposal to the judge, who either approves it or denies it.
If a mesothelioma suit is filed, it is crucial to select a reputable law firm that has handled numerous asbestos-related cases and represents dozens of victims each year. They will be able to provide you with references from other victims. In addition they should be able to offer a no-cost consultation to allow you to make the best decision on how to proceed.
In addition to filing a mesothelioma class action lawsuit, you may also be able to file an individual mesothelioma or asbestos trust fund claim or VA benefits claim. Veterans represent a significant portion of the mesothelioma population because they were exposed to asbestos during their time in the military.
Trials
If mesothelioma patients go to trial, they should anticipate a lengthy trial. They will be required to provide expert testimony and collect the evidence needed to prove that asbestos companies were negligent and that they have a right to compensation. In most cases, an experienced mesothelioma lawyer can assist victims get a favorable result and receive maximum compensation.
The first asbestos lawsuits of a major nature were class action lawsuits. The aim was to centralize the handling of large numbers of similar cases to reduce legal costs and cut down on delays in litigation. However the number of asbestos lawsuits quickly grew to thousands, overwhelming the system and causing a backlog in court.
In 1986, in an effort to quickly solve these cases, the federal courts established the Asbestos Claims Facility. The ACF, however, did not have the resources needed to handle the volume of cases. It was ultimately closed due to bankruptcy filings by asbestos-related companies.
In the 1980s, a series of trials were held at the Brooklyn Navy Yard in New York and at the Con Edison Powerhouse. These were referred to as "consolidated" trials and allowed lawyers such as Levy Konigsberg to construct strong cases against the defendants. Our attorneys were also instrumental in obtaining a court decision that changed the method of handling asbestos lawsuits by allowing plaintiffs to make their claims in New York state rather than having their cases transferred to a different state where they might not have the same level of experience.
In 1997, a court ruling in Amchem Products, Inc., Petitioners v. George Windsor et. al determined that class-action mesothelioma lawsuits were not the most appropriate legal option for people suffering from asbestos exposure. The court argued that mesothelioma patients had diverse experiences with asbestos exposure. The time, place and manner in which they were exposed to asbestos can have a significant impact on their mesothelioma prognosis, life expectation, and suffering and pain.
The court also decided that mesothelioma patients must make a claim on their own to get the most amount of compensation for their medical expenses and other losses. This is particularly relevant for veterans who have to apply for VA benefits or an wrongful death claim in conjunction with their families.
Appeals
You could be able to appeal if you are awarded compensation in a lawsuit that involves asbestos. In a majority of asbestos cancer lawsuit cases, a lawyer with expertise will file the appeal for the victim. This is a procedure where the client can re-submit documents and evidence to support their claim and then add to it.
Mesothelioma lawyers may also request information from defendants. The defendants could claim that the plaintiff's lawyer was not able to present their case in a proper manner or that the evidence presented was not sufficient to warrant the award they received. In these situations it is crucial that victims and their lawyers work together to ensure that the correct facts are portrayed in the case.
Class action lawsuits have been used to settle thousands of mesothelioma cases. These lawsuits are typically successful as they assist patients obtain the financial aid they need to cover their medical expenses. They can also help family members cope with the trauma that comes with a mesothelioma diagnosis.
Asbestos companies were faced with numerous lawsuits from people who suffered health issues due to exposure to the toxic substance. Many asbestos companies declared bankruptcy due to the expense of lawsuits. Asbestos trusts were established to facilitate payments to victims.
A mesothelioma lawsuit can be a class action lawsuit or an individual case subject to the specific circumstances. It is essential to speak with a mesothelioma attorney who is experienced for more details about your specific situation. They can also provide information on the statute of limitations that could apply to your case.
Companies that used asbestos in their products must be accountable for exposing their workers to this toxic substance without warning of the risks. You can hold these manufacturers accountable and seek justice for the harm they caused by filing an asbestos lawsuit. Contact Sokolove Law today to learn more about how you can get life-changing financial compensation.