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Asbestos Class Action Lawsuits A victim of asbestos may sue to recover compensation and hold companies accountable. A lawsuit can help asbestos victims get the money they need to lead a comfortable lifestyle. In the 1990s, lawyers representing asbestos victims hoped that class actions could handle the large number cases. However, courts soon learned that individual cases are the best method to secure fair compensation for asbestos patients. 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 became the primary material used for insulation, roofing materials, and other building materials. Asbestos is also affordable and easy to source. Manufacturers soon discovered that these qualities were not without a cost. Asbestos is extremely poisonous. People who handled asbestos products or worked near asbestos often had serious health issues, like lung diseases such as mesothelioma. Asbestos victims are usually entitled to a substantial amount of compensation. However, the legal process to pursue compensation for asbestos-related injuries can be complicated and time-consuming. Many victims suffered from the effects of asbestos for decades before being diagnosed with mesothelioma or a similar asbestos-related illness. The amount of compensation that a victim receives is affected by many factors, including their age and the intensity of their exposure to asbestos. In the 1960s, and 1970s, a multitude of class actions were brought against asbestos companies. One of the most famous was a case brought by Nellie Kershaw from Rochdale, England. Nellie worked at an Turner & Newall facility in the late 1920s spinning asbestos fibers into thread. She was diagnosed with mesothelioma in the year 1969 and died within a year without receiving any compensation. In the 1980s mesothelioma cases increased across the nation. Hundreds of thousands were filed. Each mesothelioma case is unique, and courts were unable to treat all cases as a class action. Rather, federal courts consolidated mesothelioma cases into multidistrict litigation (MDL) cases. MDL was a major boon for plaintiffs' attorneys, who specialized in fomenting and pursuing asbestos litigation. These law firms were known for secretly coaching clients and sending them to specific defendants regardless of whether the defendant was accountable for the client's illness. Class action lawsuits against asbestos defendants are no more popular. Individual lawsuits have become the norm. Individual lawsuits are more effective at achieving adequate compensation to mesothelioma patients as well as their families. The 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 a single suit for an entire group of individuals who have suffered from the same illness or injury. These lawsuits can help manage cases that would be too large to handle if each plaintiff was required to file their own individual case with the court. To get the process started lawyers work with clients to determine whether they have a legal claim and also to find others who may have suffered similar losses. Attorneys can file a suit in court if they believe they have a valid legal claim. The judge will then have to certify the case as an action for class. To do this, the court must determine that there are enough non-named plaintiffs making it impractical to file individual lawsuits and that the named plaintiffs' claims are typical of the class's claims. The judge must also find that the lead plaintiff(s) will adequately and fairly defend the rights of the class. If a class action is certified, attorneys will issue notices to all who may be considered to be a member of the class. This typically means anyone who has suffered harm from the same incident or circumstance and has been impacted by the actions of the defendant. If you receive notice, it will include an application form asking if you want to be part of the class action. In most cases, an attorney who is handling the class action will reach a settlement with the defendant or court. The settlement will be distributed to all members of the class. Attorneys are typically paid a portion of compensation for their contribution to getting the settlement to be reached and for the time and effort they expend in the process of pursuing the case. Defense lawyers often argue that a class action lawsuit is too broad or is based on too many issues and evidence. This can be extremely difficult and some cases have been dismissed after defendants have succeeded in using these arguments. You may opt out if you don't want to be a part of a lawsuit. You must do so within a specified time frame after the class action lawsuit has been formally certified. Why should you seek justice for Asbestos Illnesses? It is important to seek justice for those who have suffered of asbestos exposure, as asbestos-related illnesses can change your life forever. Mesothelioma, among others, are serious diseases that require compensation for medical bills, ongoing treatments, and lost income. Asbestos lawyers can assist families file lawsuits against the companies who may be responsible for their loved relatives exposure to asbestos. Asbestos sufferers, and their families, must deal with the fact that latency times are lengthy. This means it may take decades before symptoms or a diagnosis are identified. Paterson asbestos attorney makes it difficult to file an asbestos claim before the statute runs out. Many asbestos victims are dealing with the effects of more than one asbestos company which makes it more difficult to identify who is responsible for their illnesses. To ensure that asbestos victims receive maximum compensation asbestos lawyers often seek compensation from multiple trusts. Class action lawsuits offer victims a unique chance to pool their resources and increase the likelihood of receiving an appropriate settlement. This is particularly relevant for mesothelioma, which can be expensive to treat. It is estimated that mesothelioma as well as other asbestos-related diseases cause the deaths of thousands of people each year. A wrongful death lawsuit might not bring back a loved one, but it could help pay funeral costs, medical expenses and other expenses. The Justice Department has taken aim at the multi-billion dollar settlement system for asbestos victims. Some critics say it's opaque and susceptible 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 has been manipulated by some plaintiffs lawyers to increase their fees and bankruptcy of asbestos-related firms. A successful mesothelioma lawsuit is likely to result in compensatory damages for past and future suffering. This could include physical pain, mental distress, disfigurement and loss of consortium. In addition to compensatory damages, the survivors might also seek punitive damages to punish those who committed the offense or deter others from doing the same actions. 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 details of their case, as well as the damages they want. They must also define the type of people the lawsuit is designed to represent. It could be at a state-wide or a national level. Class action lawsuits typically contain employees of the same company, however it is not always necessary. Once the lawyers have determined that a class-action lawsuit can be filed, then they must petition the judge to grant the action. Judges have a wide discretion in deciding whether and how to award incentives to the class representatives. These are typically an incentive for the time and cost involved in prosecuting a class action. Anyone suffering from asbestos-related diseases should consult an experienced attorney to discuss their legal options such as individual mesothelioma cases and trust fund claims. A lawyer who is knowledgeable can assist victims, their families and the companies that are responsible for the harm caused to get justice. If a court grants the class action and the group members are all a part of it, they will be bound by the outcomes of the trial unless they specifically “opt-out” of the action within a specific time frame. The individuals who decide to “opt out” can continue to pursue a separate claim against the defendant but they will not be bound by the results of the class action. Certain class actions settle all aspects of the claims of the group members, while others leave certain issues to be resolved on a case-by-case basis. In most cases, the remaining elements (such as lost wage) that aren't shared by all group members could be resolved through settlement of an action class. A class action may take a long time to resolve. In some cases victims with limited life expectancies could become financially desperate and agree to a quick settlement that does not adequately compensate them for their losses. Another problem with class action suits is that they do not offer the same personal service as an individual case. Each victim's mesothelioma and other injuries are unique. A lawyer needs to be aware of the specifics of each case to ensure the most favorable possible outcome.