Asbestos Class Action Lawsuits

Mesothelioma lawsuits can take years to be resolved, and often involve several defendants. Class action lawsuits offer victims a better experience and lower costs.

Some argue, however, that docket pressures or consolidated actions can result in less fair results. It is possible that juror sympathies could lead to higher compensation for non-seriously injured claimants.

How It Works

In a class-action lawsuit many victims sue the same firm or other companies for asbestos exposure. The victims are also suing similar companies. A judge supervises each case to ensure they are treated fairly and equally. The judge then awards each victim the same amount of compensation. In some instances, a single victim can receive several million dollars in compensation.

An experienced lawyer can build a strong case using your mesothelioma type, medical history and work sites. They can develop a timeline to show how asbestos exposure impacted you. A firm with experience will also help you move your case swiftly to ensure that you receive compensation in the most time.

Asbestos sufferers must make a mesothelioma claim within the timeframe of the statute of limitations, which is set by each state. It is therefore important to find a mesothelioma lawyer who is familiar with these cases and who can provide evidence to prove your claim.

Mesothelioma, a malignant cancer is caused by inhaling asbestos fibers. The diagnosis of mesothelioma is devastating for patients and their families.

Asbestos exposure was widespread across the United States, causing many people to develop serious illness such as mesothelioma and asbestosis, and other asbestos-related diseases. Asbestos suits have led to the disclosure of asbestos companies in their negligence and made them accountable for exposing innocent individuals to asbestos.

Many of these companies were bankrupt after suffering massive asbestos verdicts and settlements, and mesothelioma trust funds were established to assist victims and their families receive fair compensation. Although some of the earlier mesothelioma verdicts and settlements were class actions lawsuits, they are less common in the present day.

An experienced mesothelioma attorney can assist with filing an individual injury or wrongful death claim against the responsible party. An experienced firm can also assist you in claiming VA benefits if you're mesothelioma-stricken veteran, or file for an individual family member's wrongful-death suit.

A mesothelioma lawyer who is experienced can assist you in negotiating an out-of-court settlement or trial. They can help you determine the amount of damages you're entitled to including future and past medical expenses, lost wages and suffering and pain.

Settlements

Class action lawsuits involving asbestos are often settled without getting to a jury trial. In the majority of cases, victims receive compensation from the asbestos company that exposed them to mesothelioma or other asbestos-related diseases, their insurer or asbestos victim trust funds. The amount of a settlement is based on a variety of factors which include the victims' lost wages and benefits as in addition to the extent of their pain and discomfort.

The distribution of compensation to all the people who have filed claims is an important issue in an asbestos settlement for a class action. Asbestos lawyers have attempted to settle these cases in order that each person would receive an adequate and fair amount of compensation. However, a number of judges have rejected this idea. They ruled that the different exposure histories and ailments that the members of the class cannot be effectively represented by one lawsuit and there is a risk of unfairness to future victims in the event that all cases are settled prior to time.

Due to these reasons, courts have decided to decide on individual mesothelioma cases rather than class action settlements. In these lawsuits, the lawyers for each plaintiff collaborate to gather and organize evidence. They also meet to discuss the specifics of each case and then negotiate a settlement on behalf of their client. They then present their settlement proposal before the judge, who either approves or rejects it.

It is important that when a mesothelioma claim is filed, you choose a law firm with experience who has handled asbestos-related cases. They must also represent a lot of victims each year. These lawyers must have references from other victims. Additionally they should be willing to offer a no-cost consultation to allow you to make the most informed decision on the best course of action.

In addition to filing mesothelioma-related class action lawsuits you could be able to make an individual mesothelioma claim or asbestos trust fund claim or VA benefits claim. Veterans make up a large number of mesothelioma sufferers because they were exposed asbestos during their military service.

Trials

When mesothelioma sufferers go to trial, they should anticipate a lengthy trial. They will need to gather the evidence required and present expert testimony to prove that asbestos attorney companies were negligent. In most cases, a knowledgeable mesothelioma attorney can help victims reach a favorable outcome and get the maximum amount of compensation.

The first asbestos lawyers lawsuits of a major nature were class action lawsuits. The aim was to centralize the handling of a large number of similar cases in order to save on legal costs and to reduce delays in litigation. The number of asbestos cases quickly grew into the thousands, overburdening the system and creating a court backlog.

In 1986, as an effort to quickly solve these cases, the federal courts set up the Asbestos Claims Facility. However, the ACF was not equipped with the resources to handle the number of cases. It was shut down due to bankruptcy filings from asbestos-related companies.

In the 1980s, a number of trials were held in the Brooklyn Navy Yard in New York and the Con Edison Powerhouse. These were referred to as "consolidated" trials and allowed lawyers like Levy Konigsberg LLP to build strong arguments against the defendants. Our attorneys were also instrumental in obtaining a legal ruling that changed the method of handling asbestos lawsuits by allowing plaintiffs who are not a part of the group to bring their claims in New York state rather than having their cases transferred to a different state where they do not have as much experience.

In 1997, a court ruling in Amchem Products, Inc., Petitioners v. George Windsor et. al. determined that mesothelioma class-action lawsuits weren't the best legal option for people suffering from asbestos exposure. The court ruled that asbestos exposure can cause different effects on mesothelioma patients. When, where and how they were exposed to asbestos can significantly impact their mesothelioma prognosis, their life expectancy and pain and suffering.

Additionally the court also ruled that mesothelioma victims need to start a lawsuit on their own in order to secure the most appropriate amount of compensation to cover their medical expenses and other losses. This is especially relevant for veterans who have to apply for VA benefits or a wrongful death claim along with their families.

Appeal

You might be able to appeal if are awarded compensation in a case involving asbestos. In most cases, an experienced lawyer will file the appeal on behalf of the victim. The client can add to their claim by submitting new documents and evidence.

Mesothelioma lawyers may also request for more information from defendants. The defendants may argue that plaintiffs' lawyers did not prove the case properly or that evidence presented was not sufficient to justify the settlement they received. In these cases, it is important that victims and their lawyers work together to ensure that the correct facts are presented in the case.

Class action lawsuits were used to settle thousands of mesothelioma cases. They are usually successful because they help victims obtain the financial aid they require to cover their medical expenses. They can also assist family members cope with the stress caused by a mesothelioma diagnosis.

Asbestos companies were faced with many lawsuits from people who developed health conditions after exposure to the dangerous material. This led to a number asbestos-related companies declaring bankruptcy because they were unable to pay the costs of the lawsuits. Asbestos trusts were established to make it easier to pay victims.

A mesothelioma lawsuit can be a class action or individual case based on the circumstances. Consult an experienced mesothelioma lawyer for more details regarding your particular situation. They can also clarify the limitations of any statute that applies to your case.

Companies who use asbestos in their products should be held responsible for exposing workers without warning to this poisonous substance. You can hold the manufacturers accountable and seek justice for the pain they caused by filing an asbestos lawsuit. Contact Sokolove Law to learn how you can receive an extraordinary financial settlement.