Asbestos Class Action Lawsuits
If an asbestos-related victim files a lawsuit, they are able to recover compensation and hold companies accountable. A lawsuit can also help victims receive the funds they require to live a comfortable life.
In the 1990s, lawyers for asbestos victims believed that class actions would be able to manage the large number cases. The courts quickly learned that individual cases were the best way to ensure asbestos patients get fair compensation.
History of Asbestos Litigation
The asbestos industry grew quickly in the 20th century due to its unique properties of strength and resistance to heat. It was utilized as the primary material in insulation, roofing and other building materials. Asbestos is also inexpensive and easy to source. However, manufacturers soon realized that these properties were accompanied by a negative. Asbestos was found to be extremely poisonous. People who worked with asbestos products or worked around asbestos often had serious health issues, including lung diseases like mesothelioma.
Asbestos victims are usually eligible for substantial compensation. The legal process to pursue compensation can be complex and time-consuming. Many victims experienced the negative effects of asbestos for a long time before being diagnosed with mesothelioma or a similar asbestos-related illness. The amount of compensation a victim receives can be heavily influenced by their age, amount of exposure they have to asbestos and other factors.
In the 1960s and 1970s, a number of class actions were filed against asbestos-related companies. One of the most famous was made by Nellie Kershaw of Rochdale, England. Nellie worked at a Turner & Newall facility in the late 1920s, spinning asbestos fibers into thread. She was diagnosed with mesothelioma at the age of 29 in 1969 and passed away a year later without receiving any compensation.
In the 1980s, mesothelioma cases exploded across the country. Hundreds of thousands of individual lawsuits were filed. Since each mesothelioma claim is unique, courts could not handle all the cases as one single class action. Federal courts instead consolidated mesothelioma cases to multidistrict litigation.
MDL was a huge boon for plaintiffs' attorneys, who specialized in fomenting and seeking asbestos litigation. The law firms were famous for assisting clients in secret and directing them to specific defendants regardless of whether the defendant was responsible for the client's condition.
Today the class action lawsuits filed against asbestos defendants have been largely ignored and individual lawsuits are now the norm. Individual lawsuits are more effective in obtaining a fair amount of compensation for mesothelioma victims and their families. The majority of them are personal injury or wrongful death suits.
How Class Actions Work
Class action lawsuits permit attorneys to file a single suit for an entire group of people who have suffered from the same injury or illness. These lawsuits help to manage cases that would be too complex to handle in the event that each plaintiff was required to file their own case with the court. To begin the process lawyers work with clients to determine whether they have a legal claim and to identify others who might have suffered similar harm.
If lawyers believe they have a strong legal claim, they file the lawsuit with the court. The judge then has to certify that the case is a class action. To do this, the court will have to decide if there are enough unnamed plaintiffs that it is impractical to file individual lawsuits and that the claims of the named plaintiffs are typical of the class. The judge must also determine that the lead plaintiff will fairly and adequately protect the interests of the class.
Attorneys will notify anyone who might be considered to be a member of a group when a class action is certified. This usually includes anyone who has suffered harm from the same event or situation and has been impacted by the conduct of the defendant. If you receive notice, it will include the form to determine whether you wish to join the class action.
In most cases, an attorney handling the class action will reach a deal with either the defendant or the court. This settlement will then be distributed to the registered class members. The attorney(s) typically receive some of the money for their role in making the settlement, and also for their time and effort spent in pursuing the case.
The defendants often argue that a lawsuit for class action is too broad, or is based on a wide range of evidence and issues. This can be extremely difficult and some cases have been dismissed because defendants have successfully used these arguments.
If you do not want to be a part of a class action lawsuit, you may decide to withdraw from the lawsuit. You must do this within a specific timeframe following the date that the class action has been certified as a class action and before the case has been settled.
Why seek justice for asbestos-related illnesses?
Asbestos-related diseases can alter the life of a victim. Mesothelioma, among others, are serious illnesses that require compensation for medical expenses and ongoing treatments as well as lost income. Asbestos lawyers can assist families file lawsuits against companies who may be responsible for their loved relatives' exposure.
Asbestos victims and their families have to be aware that these illnesses have long latency periods that means it could take decades before symptoms appear or an accurate diagnosis is established. This delay can make it difficult to file a claim for asbestos before the statute expires. It is even more difficult to determine the cause of the illness in many asbestos victims, since they are affected by the effects of multiple asbestos companies. This is the reason asbestos lawyers frequently seek compensation from multiple trusts in order to ensure that asbestos victims get the highest amount of compensation possible.
Class action lawsuits offer an unique opportunity for victims to pool resources and increase the chance of getting a fair settlement. This is particularly true for mesothelioma which is costly to treat.
It is estimated that mesothelioma, as well as other asbestos-related diseases cause the deaths of thousands of people every year. Achieving compensation in a wrongful-death lawsuit won't bring back a loved one however, it could help pay funeral costs, medical bills, and other losses.
The Justice Department has taken aim at the multi-billion dollar settlement process for asbestos victims. The critics say that it is ineffective and vulnerable to manipulation and fraud by well-connected lawyers. It is particularly interested in cases involving alleged misrepresentation of facts and allegations that the settlement process was manipulated by certain plaintiffs' lawyers to increase their fees and bankrupt asbestos-related companies.
A successful mesothelioma lawsuit is likely to include compensation for future and past suffering mental anguish, physical pain disfigurement, loss consortium, and much more. In addition to compensatory damages, victims may also seek punitive damage to punish the perpetrators or deter others from similar actions. An attorney can help explain the various kinds of damages available to victims and assist them build a strong case for compensation.
How do class actions work?
The person who files the lawsuit writes a legal document that sets out the facts of their case, as well as the damages they seek. They must also define the class of people that the lawsuit is aimed military asbestos lawsuit at representing. This could be on a nationwide or a state-wide basis. Class action lawsuits include people who work for the same firm. However, this is not necessary.
After the lawyers have decided that a class-action lawsuit can be filed, they must ask the judge to approve it. Judges have a wide discretion when deciding whether and how to award incentives to the representatives of the class. They are usually an incentive for the time and cost involved in prosecuting the class action.
Anyone suffering from asbestos-related diseases should consult an experienced lawyer to discuss their legal options, including individual mesothelioma cases and trust fund claims. A knowledgeable lawyer can help victims and their families get justice and hold responsible companies accountable for the harm they've caused.
If a court approves the class-action, all members of the group will be bound to the results of the litigation, until they "opt-out" within a specified time period. People who choose to "opt out" can continue to pursue a separate claim against the defendant, however, they are not bound by the results of the class action.
Some class actions resolve all aspects of claims of the group members while others leave certain issues to be resolved on a case-by basis. In the majority of cases, the remaining issues that aren't common to all of the group members (such as lost wages) can be addressed in the process of settling a settlement for a class action.
One of the downsides of the class action is that it could take years to complete. In certain cases victims with a short life expectancy can become financially desperate. They might agree to an expedient resolution that does not adequately compensate for the losses they suffered.
Another problem with class action suits is that they do not provide as much personalized representation as an individual case. Each victim's mesothelioma and other injuries are different, and a lawyer needs to be aware of the specifics of each particular case in order to secure the best possible outcome.