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Asbestos Class Action Lawsuits If an asbestos victim files a lawsuit they can seek compensation and hold companies accountable. A lawsuit can help victims obtain the funds they need to enjoy a comfortable life. In the 1990s, lawyers representing asbestos victims hoped that a class of actions would be able to manage the plethora of cases. However, courts soon realized that individual cases are the most effective way to get fair compensation for asbestos patients. The History of Asbestos Litigation The asbestos industry was growing rapidly during the 20th century due to its unique characteristics such as durability and resistance to heat. It was the primary material in roofing, insulation and other building materials. Asbestos is also affordable and easily sourced. However, manufacturers soon discovered that these properties were accompanied by a downside. Asbestos was deemed to be incredibly toxic. People who handled asbestos products or worked around them frequently developed serious health issues, such as lung diseases such as mesothelioma. Asbestos victims are usually entitled to substantial compensation. However, the legal procedure for pursuing such compensation can be complex and time-consuming. Many victims have suffered the effects of asbestos exposure for a long time before being diagnosed with mesothelioma, or other asbestos-related condition. The amount of compensation a victim receives can be significantly affected by their age, extent of their exposure to asbestos, and other factors. A variety of asbestos-related lawsuits were filed as class actions in the 1960s and 1970s. One of the most well-known was a claim made by Nellie Kershaw, a resident of Rochdale, England. Nellie was employed at an Turner & Newall plant in the latter part of 1920, spinning asbestos fibers into yarn. She was diagnosed with mesothelioma in 1969 and died within a year without receiving any compensation. In the 1980s, cases of mesothelioma exploded across the country. Hundreds of thousands of lawsuits filed individually. Since each mesothelioma claim is unique, courts were unable handle all the cases as one class action. Federal courts instead, instead, consolidated mesothelioma lawsuits into multidistrict litigation. MDL was a major boon to plaintiffs' lawyers who specialized in fomenting and pursuing asbestos litigation. The law firms were famous for coaching clients secretly and sending them to specific defendants, regardless of whether the defendant was accountable for the client's condition. Class action lawsuits against asbestos defendants are not as popular. Individual lawsuits are now the norm. Individual lawsuits are more effective in achieving a fair settlement for mesothelioma patients as well as their families. The vast majority of mesothelioma lawsuits are filed as personal injury or wrongful death suits. How do class actions function Class action lawsuits allow attorneys to file one lawsuit for groups of people who have suffered from the same illness or injury. These lawsuits are used to handle large cases that would otherwise be impossible to handle when each plaintiff was required to file a case individually with the court. To start the process, lawyers work with clients to determine whether they have a legal claim and also to find others who may have suffered similar losses. Once attorneys believe they have a solid legal claim, they file the lawsuit with the court. The judge will then have to certify the case as a class action. To do this, the court must find that there are sufficient non-named plaintiffs making it impractical to file individual cases and that the named plaintiffs' claims are typical of the class' claims. The judge must also determine that the lead plaintiff will fairly and adequately protect the class' interests. If a class action is certified, attorneys will issue notices to all who may be considered a part of the class. This usually includes those who have suffered harm from the same event or situation and who has been affected by the actions of the defendant. You will be required to sign a form if you receive a notice. In most cases, the lawyer(s) handling the class action will negotiate a settlement with either the defendant or the court. The settlement will be distributed to the class members. Attorneys are typically paid some of the compensation for their contribution to making the settlement happen as well as for the time and effort they invest in trying to resolve the case. The defendants will often argue that the class action lawsuit is too broad or founded on too many different issues and evidence. This can be extremely difficult, and some cases have been dismissed when defendants have successfully used these arguments. If you do not wish to be a part of a class action lawsuit, you can choose to opt out of the lawsuit. You must do this within a specific period of time after the class action is certified as a class-action and before the case has been settled. Why seek justice for asbestos illnesses? Asbestos-related diseases can change the life of a victim. Mesothelioma and the other asbestos-related diseases are serious diseases that require compensation for medical bills as well as ongoing treatments and loss of income. Asbestos attorneys can help families file suits against companies who may be responsible for the exposure of their loved ones. Asbestos victims and their families have to be aware that these diseases can have long latency times which means it could take years before symptoms are evident or an accurate diagnosis is established. This delay could make it difficult to file a claim for asbestos before the statute runs out. Many asbestos victims are suffering from the effects of multiple asbestos companies, making it even harder to determine who is responsible for their illnesses. To ensure that asbestos victims receive the most compensation possible asbestos lawyers typically seek compensation from multiple trusts. Class action lawsuits provide victims with the chance to share their resources and increase the likelihood of receiving an equitable settlement. This is especially applicable to mesothelioma that is costly to treat. Sadly, it is estimated that thousands of people die from mesothelioma and asbestos-related diseases every year. Winning compensation in a wrongful-death lawsuit will not bring the person you love back, but it can help pay for funeral expenses and medical bills, as well as other losses. The Justice Department has taken aim at the multi-billion dollar settlement system for asbestos victims. The critics say that it is ineffective and vulnerable to fraud and manipulation from well-connected lawyers. The department is particularly interested in cases that involve alleged false representations and allegations that settlement processes have been manipulated by plaintiffs' attorneys to increase their fees or bankrupt asbestos companies. A successful mesothelioma case will likely result in compensatory damages for past and future suffering. This can include physical suffering, mental distress, disfigurement and loss of consortium. In addition to these compensatory damages survivors can also seek punitive damages that are designed to punish perpetrators and discourage others from engaging in similar actions. A lawyer can assist victims understand the different types damages they can claim and create an argument for compensation that is strong. How do class actions work? The person who files the lawsuit writes an official document that sets out the facts of their case, as well as the damages they want. They should also state the class of people the lawsuit is intended to represent. This could be on a nationwide or state-wide basis. Class action lawsuits can include those who are employed by the same company. However, this is not necessary. Once the lawyers have concluded that a class-action lawsuit can be filed, they have to ask the judge to approve the action. Decatur asbestos lawsuit have broad decision-making authority when it comes to deciding if and how to award incentives to the class members. These are typically an incentive for the time and expenses involved in prosecuting an action class. Individuals with asbestos-related illnesses should consult an experienced attorney to discuss their legal options, including individual mesothelioma cases and trust fund claims. A lawyer with experience can assist the families of victims and the companies responsible for the harm done to achieve justice. When a court authorizes a class action, all group members will be bound by the outcomes of the litigation unless they explicitly “opt-out” of the action within a specific period of time. Individuals who “opt out” can still bring their own claim against the defendant, but will not be bound to the outcome 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 instances, the remaining elements that are not common to all group members (such as lost wages) are able to be addressed in the process of settling a settlement of a class action. One of the drawbacks of class actions is that it can take years to complete. In some instances victims with short life expectancies can be financially desperate and sign to a quick settlement which doesn't adequately compensate them for their losses. Another issue with class action suits is that they don't offer the same personal service as a case-by-case. Each victim's mesothelioma and other injuries are unique. A lawyer will need to know the details of each case to ensure the most favorable possible outcome.