Why an Asbestos Mesothelioma Suit Is Not a Class Action
An asbestos mesothelioma suit is not the same as a class action. Mass torts are not in the best interests of the victims and would only line the pockets of mass tort lawyers. Asbestos mesothelioma lawsuits are individual cases, which can be worth millions of dollars. Asbestos is a common cause of mesothelioma, which is why a mesothelioma lawsuit is not a class action.
Class action lawsuits are no longer common in mesothelioma lawsuits
Several decades ago, the majority of asbestos mesothelioma cases were handled as class actions. This allowed individual victims to join a larger lawsuit, and lawyers could earn large commissions through post-victory fees. Today, mesothelioma cases are rarely filed as class actions. Nonetheless, a mesothelioma attorney can determine whether a case qualifies for a class action or not.
Before the 1990s, class-action lawsuits were seen as a fair way to compensate asbestos mesothelioma victims. The argument behind this was that if 1,000 people had been exposed to the same asbestos-containing material, then every one of them should receive the same amount of compensation. However, asbestos class-action lawsuits are often inadequate for mesothelioma compensation, as the compensation awarded is less than the compensation for an individual case. Thus, the U.S. Supreme Court banned asbestos class-action lawsuits on a federal level in 1997.
The statutes of limitations for mesothelioma are different from those for other types of personal injury claims. Most personal injury lawsuits must be filed within a specific period of time, usually beginning on the date of the accident or exposure. For mesothelioma, however, the statute of limitations can begin on the date of diagnosis.
Individual lawsuits are settled out of court
Asbestos lawsuits are filed by individuals in search of compensation for the ill effects of exposure to the substance. Settlements are typically made out of court and are binding on the at-fault company. However, sometimes settlements are not as beneficial as the plaintiff and defendant hope. If both sides cannot come to an agreement on a settlement amount, a trial is necessary. At this stage, the parties will argue their cases to a jury or judge, who will determine if the company is at fault for the injuries caused by the asbestos.
Although mesothelioma cases are filed in a court of law, individual settlements can be more favorable for the plaintiff. Most settlements involve a confidential settlement agreement. The at-fault company will agree to compensate the plaintiff for a lower amount than the court would award if the case were tried in a jury. The amount of compensation awarded depends on the severity of the mesothelioma case, the amount of lost wages, the medical expenses, and the degree of pain and suffering.
New York is a hub for mesothelioma lawsuits
Asbestos litigation is a common occurrence in New York City. Asbestos products were used in many facilities, exposing thousands of workers to dangerous levels of the substance. As a result, many people developed mesothelioma and other asbestos-related diseases. New York mesothelioma lawyers can help victims recover compensation for the damages caused by their exposure.
The legal community in New York is filled with experienced lawyers who specialize in this area of law. They have the knowledge of local industrial history and an unparalleled database of local sources. Their expertise and dedication have won them awards for client advocacy. The state’s court system has also set separate trial dockets for mesothelioma cases. Asbestos lawsuits in New York are highly successful in the state.
The jumbo verdict obtained in one case in New York City was awarded to a family of a former Navy shipfitter who developed mesothelioma. The jury found that the defendant acted with “reckless disregard” of the victim’s health. The man died of mesothelioma at the age of 72. The verdict in another case involved a 71-year-old man who developed the disease after using talcum powder contaminated with asbestos.
Cost of filing a mesothelioma lawsuit
Filing a mesotheliomc lawsuit is not cheap. The cost of treating the disease can easily exceed hundreds of thousands of dollars. Consequently, many patients avoid pursuing a case for fear of the expense. However, this fear should not stop you from pursuing your legal rights. As an expert in mesothelioma litigation, I know how much it can cost to treat the disease.
In 2000, an average settlement for mesothelioma cases was around $900,000, but in recent years, it has risen to over $1 million. If you have suffered from mesothelioma and are wondering what the cost of filing a lawsuit is, here are some basic guidelines to help you make an informed decision:
An attorney must spend countless hours litigating and preparing your case. This can add up quickly, especially if you’re pursuing a long mesothelioma lawsuit. Remember that many plaintiff’s attorneys charge by the hour, and you can expect them to work around the clock for several weeks during trial. However, most mesothelioma attorneys work on a contingency fee basis.