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Asbestos Class Action Lawsuits When an asbestos victim files a lawsuit they are able to recover compensation and hold companies accountable. A lawsuit can help victims get the money they need to live a comfortable life. Prior to the 1990s, mesothelioma attorneys believed that class action lawsuits would manage the large number of cases. The courts quickly realized that individual cases were the best way to ensure asbestos patients receive fair compensation. The History of Asbestos Litigation The asbestos industry grew quickly in the 20th century due to its unique properties of durability and resistance to heat. It was the main material used for insulation, roofing products and other building materials. Asbestos is also affordable and easily accessible. Manufacturers soon realized that these same advantages came with a downside. Asbestos was discovered to be extremely poisonous. People who handled asbestos products or worked in close proximity to asbestos often had serious health issues, including lung diseases such as mesothelioma. Asbestos-related victims are often entitled to substantial compensation. However, the legal procedure for pursuing such compensation can be complicated and time-consuming. Many victims have suffered from the effects of asbestos exposure for a long time prior to being diagnosed with a mesothelioma or any other asbestos-related illness. The amount of compensation that a victim receives is affected by a variety of factors, including their age and the extent of their exposure to asbestos. A number of lawsuits against asbestos companies were filed as class actions during the 1960s and 1970s. One of the most well-known was a case filed by Nellie Kershaw, a resident of Rochdale, England. Nellie worked at a Turner & Newall facility in the late 1920s 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 the courts could not consider all cases as one class action. Federal courts instead consolidated mesothelioma cases into multidistrict litigation. MDL was a major benefit for plaintiffs' attorneys, who were specialized in provoking and seeking asbestos litigation. These law firms were known for coaching clients secretly and sending them to specific defendants regardless of whether the defendant was accountable for the client's health issues. Today the class action lawsuits filed against asbestos defendants have fallen out of favor and individual lawsuits are the standard. Individual lawsuits are more effective at achieving adequate compensation to mesothelioma patients and their families. The vast majority of mesothelioma cases are brought as personal injury or wrongful death suits. How do class actions work Class action lawsuits allow attorneys to file lawsuits on behalf of a group of people who have suffered from the same injury or disease. Paterson asbestos attorneys can be used to handle large cases that would be impossible to handle if each plaintiff had to file a case on their own with the court. To begin the process, lawyers work with their clients to determine if they have a legal claim and to identify other people who have suffered similar losses. If attorneys believe they have a valid legal claim, they will file the lawsuit with the court. The judge then has to certify that the case is an action of a class. In order to accomplish this, the judge will have to decide if there are sufficient unnamed plaintiffs that it is not feasible to file individual lawsuits and that the claims of the named plaintiffs are typical of the class. The judge must also determine that the plaintiff who is the lead plaintiff will fair and adequately safeguard the class' interests. When a class action is certified, attorneys will send out notices to all who may be considered a part of the class. This is anyone who has been injured by the same incident or circumstance that has affected the defendant's actions. If you receive notice, it will include a form that asks whether you would like to participate in the class action. In most cases, an attorney handling the class action will reach a settlement with the defendant or the court. The settlement will be distributed to all members of the class. Attorneys typically receive a portion of compensation for their role in making the settlement happen and for the time and effort they expend in pursuing the case. Defendants often argue that a lawsuit for class action is too broad, or is based on a wide range of evidence and issues. It can be difficult to prove and a lot of cases have been thrown out after defendants have used this argument. If you don't want to be a part of a class action lawsuit, you may choose to opt out of the lawsuit. You must do this within a specific period of time after the class action has been certified as a class action, and before the case has been resolved. Why should you seek justice for Asbestos Illnesses? Asbestos-related diseases can change the life of a victim. Anyone diagnosed with mesothelioma or an asbestos-related illness deserve compensation to pay medical bills as well as ongoing treatment and the loss of income. Asbestos lawyers can help families file lawsuits against companies responsible for the exposure of their loved relatives. Asbestos victims, as well as their families, have to deal with the fact that latency intervals are lengthy. This means that it could be decades before a diagnosis or symptoms are established. This could make it difficult to file a claim for asbestos before the statute of limitations expires. It can be even more difficult to determine the cause of illness for a lot of asbestos victims, since they are impacted by the consequences of multiple asbestos companies. To ensure that asbestos victims receive maximum amount of compensation asbestos lawyers typically seek compensation from multiple trusts. Class action lawsuits provide victims with a unique chance to pool their resources and increase their chances of receiving an equitable settlement. This is especially relevant for mesothelioma which can be costly to treat. Unfortunately, it's estimated that thousands of people die from mesothelioma and asbestos-related diseases each year. A wrongful death lawsuit may not bring back a loved one however, it can help pay funeral costs, medical bills and other expenses. The Justice Department is taking aim at the multibillion-dollar settlement system for asbestos victims, which critics claim is opaque and prone to manipulation and fraud by well-connected lawyers. The department is particularly interested in cases that involve alleged fraud and allegations that the settlement procedures have been manipulated by plaintiffs' lawyers to increase their fees or bankrupt asbestos companies. A successful mesothelioma case is likely to include compensation for the past and future pain, mental anguish, physical pain disfigurement, loss of consortium, and much more. In addition to compensatory damages, survivors might also seek punitive damages to punish those who committed the offense or discourage others from engaging in similar conduct. An attorney can help explain the various kinds of damages that victims can claim and help them make a convincing case for compensation. How do class actions work? The person who files the lawsuit writes legal documents that spell out the facts of their case, as well as the damages they want. They must also identify the class of people that the lawsuit is aimed at representing. It could be at a state-wide or a national level. Class action lawsuits can include those who work for the same firm. However it is not required. Once the lawyers have established that a class action is able to be filed, they need to ask the judge to accept it. Judges have a wide discretion when deciding whether and how to award incentives to the class representatives. These are typically payment for the time and costs involved in the pursuit of an action in a class. A lawyer who has experience with asbestos-related diseases can assist individuals understand their legal options. This includes trust fund claims and individual mesothelioma lawsuits. A skilled lawyer can assist victims and their families seek justice and hold responsible companies accountable for the harm they've caused. If a court grants a class action and the group members are all a part of it, they will be bound by the outcomes of the case unless they expressly “opt-out” of it within a prescribed time frame. Individuals who have chosen to “opt out” can continue to pursue a separate claim against the defendant, but they will not be bound by the findings of the class action. Certain class actions settle the claims of all group members, while others leave some issues to be decided on a case by case basis. In most cases, the remaining elements (such as lost wage) which are not shared by all group members can be addressed during the settlement of an action class. A class action can take years to complete. In some cases victims with a short life expectancy may become financially desperate. They might agree to an immediate resolution, but it doesn't adequately compensate their losses. A class action lawsuit isn't as personal as a case that is handled individually. Each victim's mesothelioma or other injuries are different. A lawyer needs to know the details of each case to ensure the highest possible outcome.