Mesothelioma Class Action
Mesothelioma Class Action
Understanding Mesothelioma Class Action Lawsuits:
A mesothelioma class-action lawsuit, also known as an asbestos class-action lawsuit, is a legal action where a group of individuals diagnosed with asbestos-related diseases collectively file a claim. These types of lawsuits are less common today; most mesothelioma cases are now pursued as personal injury or wrongful death claims.
In a mesothelioma class-action lawsuit, individuals with similar circumstances bring a unified claim to court. Instead of each plaintiff’s case being heard individually, one representative case is selected to stand for the entire group.
The purpose of a mesothelioma class-action lawsuit is to hold asbestos manufacturers accountable and secure compensation for those harmed. Despite knowing the dangers of asbestos, these companies continued to use it for many years.
Both state and federal courts have specific procedural rules for class actions, generally requiring that the group has similar injuries from shared circumstances that involve common legal issues.
The court must decide that handling individual claims separately would be impractical or excessively burdensome. Once this determination is made, the court can certify the group as a class and permit collective legal action.
Lawyers in an asbestos class-action lawsuit, like in other class-action cases, represent the entire group rather than individual clients. As a result, class members have less control over their cases, and any compensation awarded is divided among all claimants.
READ MORE: How To File Mesothelioma Lawsuits
Are Mesothelioma Class-Action Lawsuits Rarely Filed
Mesothelioma class-action lawsuits are now rare. Due to the unique nature of each case, individual lawsuits for mesothelioma have become more common, filed as personal injury or wrongful death claims. This approach allows for the specific circumstances of each plaintiff to be thoroughly addressed.
Class-action suits for mesothelioma were prevalent from the 1960s to the late 1990s. During that time, they offered an efficient way for large groups of individuals diagnosed with mesothelioma to hold negligent companies accountable. Today, alternative methods are often more effective for securing compensation related to asbestos exposure.
Pros of Mesothelioma Class-Action Lawsuits:
- Historically, they were an efficient method for asbestos exposure victims to obtain compensation.
- They were particularly effective when a group of workers at the same job site was exposed to identical products and developed mesothelioma.
Cons of Mesothelioma Class-Action Lawsuits:
- The specifics of each plaintiff’s case are often too varied to make class actions a suitable solution.
- Plaintiffs in asbestos-related class actions generally receive less compensation compared to those who win individual lawsuits.
According to data from the KCIC Industry Report up to mid-2023, the number of plaintiffs filing asbestos lawsuits has increased by approximately 2% from 2022, with 1,963 filings by July 31, 2023. If this trend continues, the total number of filings for the year could reach around 3,400. Given the unique aspects of each case, consolidating such a large number of lawsuits into a single class action may not be the most effective approach for every participant.
Can One Join A Mesothelioma Class-Action Suit
If you are considering joining a mesothelioma class-action lawsuit, an attorney who specializes in such cases can help you evaluate whether this approach is right for you. They can discuss the advantages and disadvantages of a class-action lawsuit and guide you through the process of joining one if you decide to proceed.
Your lawyer will explain how to add your name to the class, outline the necessary documents, and help ensure the process runs smoothly. Alternatively, if you opt for an individual lawsuit, your attorney can assist you in filing a mesothelioma claim.
Experienced asbestos lawyers will guide you through the entire process, including understanding the statute of limitations and the discovery process. They will answer any questions you have and work on your behalf to secure the compensation you deserve:
- Personal Injury Lawsuits:
In a personal injury lawsuit, an individual with mesothelioma files a claim alleging that specific asbestos products caused their cancer. The defendants in these cases are the manufacturers of the products.
One key advantage of opting for a personal injury lawsuit over joining a class action is the potential for higher compensation, which can help cover medical expenses and other costs related to the disease. For instance, in 2022, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury held Algoma Hardwoods, Inc. responsible for asbestos exposure.
While most mesothelioma cases are settled out of court, personal injury lawsuits often involve less complex settlement negotiations compared to class actions, due to having only one plaintiff. An experienced asbestos law firm is likely to have a strong track record in securing favorable settlements for their clients.
- Wrongful Death Lawsuits
In a mesothelioma wrongful death lawsuit, the family members of a deceased individual who succumbed to mesothelioma file the claim. The lawsuit asserts that the death resulted from asbestos exposure.
Pursuing a wrongful death lawsuit can provide financial compensation to help cover funeral expenses, medical bills, and other related costs. Most wrongful death lawsuits are settled out of court, with average settlements ranging from $1 million to $2 million.
Alternatives to Mesothelioma Class-Action Lawsuits
Instead of joining a class-action lawsuit, many individuals pursue personal injury or wrongful death lawsuits, which account for the majority of mesothelioma claims.
If the company responsible for your asbestos exposure has declared bankruptcy, you might qualify for compensation through the trust funds they established. Veterans may also be able to file claims with the Department of Veterans Affairs, and workers’ compensation is another possible option.
Because the specifics of mesothelioma cases tend to vary significantly, class actions are often ineffective, and most do not progress beyond the initial court stages. Filing a lawsuit individually generally leads to more favorable outcomes for plaintiffs.
READ ALSO; Mesothelioma Class Action
While mesothelioma class-action lawsuits offer a way for multiple victims to seek compensation together, they often fall short due to the unique nature of each case. The specifics of an individual’s asbestos exposure, diagnosis, and damages vary widely, making class actions less effective and, in many instances, not even heard in court. Visit the official WEBSITE of Mesothelioma for more details.
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