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Asbestos Class Action Lawsuits If an asbestos-related victim files a lawsuit, they can seek compensation and hold companies accountable. A lawsuit can also help victims receive the money they require to live a life of luxury. In the early 1990s, mesothelioma lawyers hoped that class action lawsuits could manage the large number of cases. The courts quickly realized that individual cases were the best option for asbestos victims to receive fair compensation. The history of Asbestos Litigation The asbestos industry was booming in the 20th century due to its unique properties of strength and resistance to heat. It became the most popular material for insulation, roofing products and other building materials. Asbestos is also cheap and readily available. However, manufacturers soon realized that these same properties were accompanied by a negative. Asbestos was deemed to be extremely toxic. People who handled asbestos products or worked in close proximity to them frequently developed serious health issues, like lung diseases such as mesothelioma. Asbestos-related victims are often eligible for substantial compensation. However, the legal process to seek compensation may be lengthy and complicated. Many victims have suffered the effects of asbestos exposure for decades before they were diagnosed with mesothelioma or other asbestos-related condition. The amount of the compensation a victim receives will be greatly affected by their age, the amount of exposure they have to asbestos and other factors. In the 1960s and 1970s, a multitude of class actions were brought against asbestos-related companies. One of the most well-known was a claim brought by Nellie Kershaw of Rochdale, England. Nellie worked at the 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 within a year without receiving any compensation. During the 1980s, mesothelioma cases increased across the nation. Hundreds of thousands of individual lawsuits were filed. Since each mesothelioma case is distinct, courts were unable to deal with all the cases in one single class action. Federal courts instead, instead, consolidated mesothelioma lawsuits into multidistrict litigation. MDL was a boon to attorneys representing plaintiffs who were specialized in pursuing and fomenting asbestos litigation. These law firms were renowned for coaching clients secretly and sending them to specific defendants regardless of whether the defendant was accountable for the client's illness. Today, class action lawsuits against asbestos defendants have been largely ignored and individual lawsuits are the typical. Individual lawsuits are more effective in obtaining a fair amount of compensation for mesothelioma patients and their families. The vast majority of mesothelioma lawsuits are filed as personal lawsuits for injury or wrongful deaths. How class actions work Class action lawsuits permit attorneys to file one lawsuit for a group of individuals who have suffered from the same illness or injury. These lawsuits are used to manage large cases that would be impossible to manage when each plaintiff was required to file a case individually with the court. In the beginning lawyers meet with their clients to determine whether they have a case and identify others who have suffered similar injuries. If attorneys believe they have a strong legal claim, they submit the lawsuit to the court. The judge must then confirm the case as a class action. To do this, the court must decide that there are enough non-named plaintiffs making it difficult for them to file individual lawsuits and that the claims of the named plaintiffs are typical of the class's claims. The judge must also find that the principal plaintiff(s) will effectively and fairly protect the interests of the class. Attorneys will notify anyone who may be considered to be a member of a class when a class action has been certified. Birmingham asbestos lawyers includes anyone who has suffered harm from the same event or incident and has been impacted by the actions of the defendant. If you get notice, it will contain the form to determine whether you wish to be part of the class action. In most cases, an attorney handling the class action will reach a deal with either the defendant or court. The settlement will be distributed to all class members. Attorneys are typically paid some of the compensation for their role in getting the settlement to be reached as well as for the time and effort they invest in trying to resolve the case. Defense lawyers often argue that a class action lawsuit is too broad or based on too many different issues and evidence. This can be a difficult task, and some cases have been dismissed after defendants have successfully used these arguments. If you don't want to be a part of a class action lawsuit, you can choose to opt out of the lawsuit. You must opt out within a specified timeframe following the date that the class action has been certified as a class-action and before the case has been concluded. Why seek justice for asbestos illnesses? Asbestos-related illnesses can alter the life of a victim. Anyone diagnosed with mesothelioma, or any other asbestos-related illness should be compensated to pay for medical expenses, ongoing treatment, and loss of income. Asbestos lawyers can help families file lawsuits against companies responsible for the exposure of their loved ones. Asbestos sufferers, and their families, have to deal with the fact that latency intervals are lengthy. This means that it may take decades before a diagnosis or symptoms are established. This can make it difficult to make an action before the statute of limitations expires. Many asbestos victims are also experiencing the effects of more than one asbestos company, making it even harder to identify who is responsible for their ailments. This is why asbestos lawyers often seek compensation from multiple trusts in order to ensure that asbestos victims get the highest amount of compensation possible. Class action lawsuits give victims a a unique chance to pool their resources and increase the chance of obtaining an equitable settlement. This is particularly true 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 every year. A wrongful death lawsuit may not bring a loved one back, but it could help pay for funeral costs, medical expenses 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 from well-connected lawyers. The department is particularly interested in cases that involve allegations of fraud and allegations that the settlement procedures have been manipulated by plaintiffs' attorneys to increase their fees or even bankrupt asbestos companies. A successful mesothelioma claim will likely result in compensatory damages for the past and future pain. This includes physical discomfort, mental stress, disfigurement and loss of consortium. In addition to these compensatory damages survivors can also seek punitive damages that are meant to punish the wrongdoers and deter others from engaging in similar conduct. An attorney can explain the various types of damages available to victims and help them make a convincing case for compensation. What are the class actions? The person who files the lawsuit writes legal documents that spell out the details of their case as well as the damages they are seeking. They must also identify the type of people the lawsuit is aimed at. This could be at a state-wide or a national level. Class action lawsuits can include those who work for the same firm. However this is not necessary. After the lawyers have determined that a class action is able to be filed, they must request the judge to accept it. Judges have broad discretion in deciding whether and how to award incentives to the class representatives. They are typically a form of compensation for the time and expenses associated with pursuing the class action. An experienced lawyer who is familiar with asbestos-related diseases can assist individuals understand their legal options. This includes trust fund claims as well as individual mesothelioma suits. A lawyer who is knowledgeable can help victims, their families and the companies responsible for the harm they caused achieve justice. If a court grants an action in a class the entire group are bound by the results of the litigation unless they expressly “opt-out” of the action within a specific period of time. Individuals who “opt out” are still able to bring their own claim against the defendant, but are not bound by the outcome of the class action. Some class actions resolve all aspects of the group members' claims, while others leave certain issues to be resolved on a case-by-case basis. In the majority of cases, remaining elements (such as lost wages) that are not shared by all members of the group could be resolved through a settlement of a class action. A class action may take years to complete. In certain cases, victims with a limited life expectancy could be financially stricken. They may agree to an immediate resolution, but it does not adequately compensate for their losses. Another problem with class action suits is that they do not offer the same level of personal representation as a case-by-case. Each victim's mesothelioma or other injuries are distinct. A lawyer needs to be aware of the specifics of each case to ensure the best possible outcome.