Understanding Mesothelioma Class Action Lawsuits: Everything You Need to Know
Explore the history, alternatives, and average settlements of mesothelioma class action lawsuits. Learn your options and secure rightful compensation.
Mesothelioma is a rare but aggressive form of cancer primarily caused by exposure to asbestos. For many victims and their families, the diagnosis comes with a whirlwind of emotions, financial burdens, and legal complexities.
One legal avenue available to mesothelioma patients is participating in a mesothelioma class action lawsuit, or asbestos class action lawsuit.
This blog post on Mesothelioma Class Action Lawsuits, aims to provide a comprehensive guide to mesothelioma class action lawsuits, helping you understand what they are, how they work, and what you need to know if you're considering this legal option.
Mesothelioma Class Action Lawsuits
What is Mesothelioma Class Action Lawsuits?
A Mesothelioma class action lawsuit or asbestos class action lawsuit is a legal proceeding in which a group of people with similar claims against a common defendant file a lawsuit collectively.
In the context of mesothelioma, these lawsuits are typically filed against companies that manufactured, sold, or used asbestos-containing products, alleging that the defendants failed to warn about the dangers of asbestos exposure.
The goal of a mesothelioma lawsuit is to hold these companies accountable for their negligence and recover compensation for:
Medical expenses: Treatment for mesothelioma can be very expensive, encompassing surgery, chemotherapy, radiation, and medication.
Lost wages: Mesothelioma can significantly impact your ability to work, leading to lost income.
Pain and suffering: Mesothelioma is a painful and debilitating disease. A lawsuit can compensate for this physical and emotional distress.
Wrongful death (if you've lost a loved one to mesothelioma): A spouse or family member can file a wrongful death claim to recover compensation for their loss.
How Does a Mesothelioma Class Action Lawsuit Work?
Formation of the Class: For a class action lawsuit to proceed, the court must first certify the class. This involves proving that the plaintiffs have similar claims and that a class action is the most efficient way to handle the litigation.
Filing the Lawsuit: Once the class is certified, a lead plaintiff (or plaintiffs) files the lawsuit on behalf of all class members. The lead plaintiff’s case represents the claims of the entire class.
Discovery and Pre-Trial Motions: Both sides gather evidence through the discovery process. This can involve depositions, document requests, and other forms of evidence collection. Pre-trial motions may also be filed to resolve specific issues before the case goes to trial.
Settlement or Trial: Many class action lawsuits are settled out of court. If a settlement is reached, it must be approved by the court to ensure it is fair and adequate for all class members. If the case goes to trial, the court’s decision will apply to all class members.
Distribution of Compensation: If the plaintiffs win the case or reach a settlement, the compensation is distributed among the class members. The amount each member receives can vary based on the specifics of their exposure and diagnosis.
History of Mesothelioma Class Action Lawsuits
Class action lawsuits have significantly influenced asbestos litigation. Here is a brief timeline of key events in the history of mesothelioma class actions:
1933: Scientists discover lung and pleural cancer in workers suffering from asbestosis, a disease caused by asbestos exposure.
1973: The landmark case Borel v. Fibreboard Paper Products Corp. sets a legal precedent allowing injured workers to sue asbestos manufacturers, leading to a surge in lawsuits.
1991: Over 26,000 asbestos claims are consolidated in federal court, but managing these cases proves challenging.
1993: The Center for Claims Resolution offers class action settlements for asbestos victims, binding future victims unless they opt out.
1994: Courts determine that mesothelioma cases are not suitable for class action settlements due to the unique circumstances of each case.
1997: In Amchem Products Inc. v. Windsor, the U.S. Supreme Court rejects a proposed class action settlement, citing the diverse interests of the claimants.
Since the Supreme Court’s 1997 ruling, mesothelioma class action lawsuits are no longer heard in federal courts and must be tried in state courts instead.
Mesothelioma Class Action Lawsuit vs. Individual Lawsuit
In a traditional lawsuit, you, as the plaintiff, file a claim against the responsible party. A mesothelioma class action lawsuit, however, involves a group of people with similar asbestos exposure experiences who jointly sue the same companies.
While class actions may seem appealing due to their streamlined nature, they are rarely used in mesothelioma cases today. Here's why:
Lower Compensation: In a class action, each member receives a smaller share of the settlement, potentially leaving you with less money to cover your significant expenses.
Less Individualized Attention: The complexities of your specific case, including the type of asbestos exposure and your medical needs, may not be adequately addressed in a class action setting.
Limited Control: You have less control over the lawsuit's progress and outcome in a class action compared to an individual lawsuit.
Why Individual Lawsuits Are Preferred against Mesothelioma Class Action Lawsuit
Due to the factors mentioned above, experienced mesothelioma attorneys typically recommend individual lawsuits over class actions. Here are the advantages of an individual lawsuit:
Higher Compensation: An attorney can build a strong case specific to your situation, potentially resulting in a significantly higher settlement or verdict.
Experienced Representation: A mesothelioma attorney will have the knowledge and resources to investigate your exposure history, identify the responsible parties, and fight aggressively for your rights.
More Control: You'll have more control over the lawsuit's decisions and be kept informed throughout the process.
Alternatives to Mesothelioma Class Action Lawsuits
If you or a loved one has been diagnosed with mesothelioma, there are several alternatives to joining a class-action lawsuit. The main options include individually filed personal injury lawsuits and wrongful death lawsuits, which constitute the majority of mesothelioma-related claims.
Personal Injury Lawsuits
In a personal injury lawsuit, a single mesothelioma plaintiff sues specific manufacturers of asbestos products, claiming these products caused their cancer. This type of lawsuit generally results in higher compensation compared to class-action lawsuits, as the case is tailored to the individual’s unique circumstances.
Advantages:
Higher Compensation: Personal injury lawsuits often lead to larger settlements or jury awards, providing more funds for medical bills and other cancer-related expenses.
Specific Focus: These lawsuits are more individualized, making the legal process more straightforward and increasing the likelihood of a favorable outcome.
Example: In 2022, Weitz & Luxenberg secured a $43 million verdict for a mesothelioma patient after a jury found Algoma Hardwoods, Inc., responsible for asbestos exposure.
Most mesothelioma lawsuits are settled out of court. Settlement negotiations for personal injury lawsuits are typically less complex than class-action lawsuits because they involve only one plaintiff. An experienced asbestos law firm can effectively negotiate these settlements on behalf of their clients.
Wrongful Death Lawsuits
In a mesothelioma wrongful death lawsuit, the surviving family members file a claim on behalf of their deceased loved one. They assert that asbestos exposure led to their loved one’s death, seeking compensation for the associated losses.
Advantages:
Financial Compensation: These lawsuits can provide significant compensation to cover funeral costs, medical expenses, and other bills related to the deceased’s mesothelioma.
Support for Families: Filing a wrongful death lawsuit helps families secure the financial support they need during a difficult time.
Typical Settlements: The majority of wrongful death lawsuits are settled out of court, with average settlements ranging from $1 million to $2 million.
Asbestos Trust Funds
If the company responsible for your asbestos exposure has filed for bankruptcy, you may be eligible for compensation from asbestos trust funds these companies established. These funds are specifically set aside to compensate asbestos exposure victims.
Advantages:
Expedited Process: Claims against asbestos trust funds are often processed more quickly than lawsuits, providing faster access to compensation.
Guaranteed Compensation: Trust funds have predetermined compensation schedules, ensuring that claimants receive a specific amount.
Veterans’ Benefits
Veterans exposed to asbestos during their military service can file claims with the Department of Veterans Affairs (VA). The VA offers benefits and compensation for service-related asbestos exposure and resulting health conditions, including mesothelioma.
Advantages:
Specialized Support: The VA provides healthcare and other resources tailored to veterans, including those dealing with mesothelioma.
Additional Compensation: Veterans can receive benefits on top of other legal compensation, offering more comprehensive financial support.
Workers’ Compensation Claims
Workers exposed to asbestos on the job may be eligible for workers’ compensation benefits. These claims can provide financial assistance for medical expenses and a portion of lost wages.
Advantages:
No-Fault System: Workers’ compensation claims do not require proving employer negligence, making them easier to file and more likely to succeed.
Immediate Relief: These claims can offer quicker financial relief compared to lawsuits.
The average settlement for mesothelioma victims?
Mesothelioma Settlements & Verdicts
The average settlement for mesothelioma or asbestos-related cases typically ranges from $1 million to $2 million. When cases go to trial, the average jury verdict is significantly higher, ranging from $5 million to $11.4 million. These amounts can vary widely based on the specifics of each individual case
Mesothelioma Class Action Lawsuits: Conclusion
Mesothelioma class action lawsuits offer a way for victims to seek justice and compensation from companies responsible for their asbestos exposure. While they have their advantages, they may not be the best option for everyone.
It’s important to consult with an experienced attorney to explore all your legal options and determine the best course of action for your specific situation.
If you or a loved one has been diagnosed with mesothelioma, taking legal action can provide financial relief and hold responsible parties accountable.
Whether you choose to join a class action lawsuit, file an individual lawsuit, or seek compensation through an asbestos trust fund, understanding your options is the first step towards achieving justice
Post a Comment