In the United States, thousands of people every year are diagnosed with malignant mesothelioma or an asbestos-related disease. They often contract it through no fault of their own. Asbestos is the carcinogen responsible for mesothelioma as well as lung cancer. Asbestos exposure in a mesothelioma patient mainly occurs as a result of negligent companies.
Historically, groups of people have come together seeking justice from these companies in the form of class-action lawsuits. Currently, class action lawsuits are not allowed in federal courts. However, people can still file them in state courts.
Class Action Lawsuit vs. Multidistrict Litigation ( MDL )
A class action case is filed by one or more plaintiffs on behalf of a group of people who have similar circumstances. What this means is that all of the individuals included in the class were harmed similarly by the same defendant. In this type of lawsuit, a judge hears only one case that represents the interests of the entire class.
While class action lawsuits were an efficient way to hold negligent companies liable for causing harm to those people, they are becoming rarer. Specifically, individual lawsuits have proven more successful in asbestos-related disease cases.
Multidistrict Litigation
Certain United States federal court system districts have created a special court, an MDL court. In this special court, many people file individual asbestos claims. At least one judge is assigned to the cases that are included within that designated area.
The Judicial Panel on Multidistrict Litigation oversees the MDL system and ensures that mesothelioma class action lawsuit claims are processed efficiently. MDLs involve a standardized procedure that allows courts to handle many asbestos mesothelioma lawsuit cases quickly.
Currently, there are nearly 187,000 cases in the MDL court of the United States District Court for the Eastern District of Pennsylvania ( EDPA ). The EDPA is the largest MDL court.
A notable example of an MDL case is the claim against Johnson & Johnson, which resulted in a $2.1 billion judgment to compensate 22 women claiming they developed ovarian cancer after using baby powder products containing talcum.
Reasons to File a Mesothelioma Class-Action Lawsuit
Individuals diagnosed with mesothelioma resulting from asbestos exposure may feel inclined to pursue a class action lawsuit for several reasons. They may feel like they have a better chance of winning in a group of people rather than alone.
They could feel like filing a mesothelioma lawsuit would help them offset some of the costs of hiring a mesothelioma lawyer and paying for legal fees. And, filing jointly can guarantee that other victims who suffered similarly are compensated equally.
As mentioned, class action lawsuits have decreased over the years in favor of personal injury or wrongful death cases. Of the 2,121 mesothelioma cases filed in 2019, many of them fell under the category of an individual lawsuit such as personal injury or wrongful death lawsuit.
Still, a mesothelioma class action lawsuit can help a case be successful. If you worked at a company where several people experienced asbestos exposure, it might help to consider a class action lawsuit. The case may move more efficiently through the system if similar claims are consolidated.
Figuring out if you should file a mesothelioma class-action lawsuit instead of a personal injury or wrongful death case is a tough decision. Recently, many individual cases have been won against large and powerful companies.
However, if you and other people have been exposed to asbestos and now have mesothelioma or lung cancer, it might benefit you to hire a mesothelioma lawyer to file an asbestos lawsuit.
How to File a Mesothelioma Class-Action Lawsuit
The process for filing a mesothelioma lawsuit can seem daunting to do alone. Thankfully, you will not ever file a class action lawsuit on your own, so the process becomes a lot easier. Below are some of the steps for filing one.
Find a Mesothelioma Attorney
To win a mesothelioma case, you need to find a trustworthy mesothelioma attorney. This attorney should also have relevant experience and knowledge of asbestos and mesothelioma law. Your legal team will need to navigate through the complicated legal processes that each state has for asbestos litigation.
Preparation and Filing
After you find a mesothelioma attorney to take your class action lawsuit, they will compile information. During this process, your team will set out to discover how the company allegedly exposed you and others to asbestos. This will include going through medical records and other information to prove your case. Once they gather the appropriate information, your team will be equipped to file the case.
Response
After taking your legal action, the company or defendant will have a chance to respond to your claim. Typically they do not take longer than 30 days to respond. Usually, the defendant will try and blame the mesothelioma patient for their mesothelioma. Your lawyer or mesothelioma law firm will know the right way to handle this.
Discovery
If the defendant chooses not to respond, then you win your case. However, in most instances, the defendant will respond, and that will begin the discovery process. During this phase, both parties will gather information.
Settlement
Typically a mesothelioma lawsuit does not go to trial. Mesothelioma lawyers often settle for the parties involved. It takes an average of 18 months to settle. To settle, both sides need to agree on a fair amount of compensation for asbestos victims.
Trial
If the parties do not settle, the next option is to go to trial. Trials take longer than a typical mesothelioma lawsuit settlement. Also, the decision will now be up to a jury. One benefit of going to trial is that your asbestos case might get publicity, which can increase your award amount.
Appeals
Both parties can choose to appeal. If the defendant appeals the decision, it can postpone the timeline for the victims to receive the mesothelioma lawsuit settlement. There have been cases where companies appealed the court’s decision and the appeal resulted in a lower award amount for asbestos-related disease victims.
Mesothelioma Class-Action Lawsuits and Statutes of Limitations
If you have received a mesothelioma diagnosis, you may wonder when you can file a lawsuit. This depends on several factors. The statute of limitations refers to the latest time that parties can file a case for a perceived offense.
Mesothelioma often takes years to develop, and it is unfair to stipulate that people have to start counting when they were first exposed since often the symptoms don’t appear until much later.
For a personal injury case, asbestos cases can have a statutory time limit from one to six years from the moment of diagnosis, depending on the state. For a wrongful death lawsuit, the time limit starts from the moment a loved one has died and is generally between one and three years.
Additionally, the statute of limitations is impacted by the state to which you were exposed. If you were exposed by an asbestos company in Arizona but live in California, you would need to abide by the protocol for Arizona.
If your statute of limitations has expired, you may be eligible for other types of compensation such as VA benefits claims, disability, and health insurance claims.
It is essential to file your class-action suit immediately after you receive a mesothelioma diagnosis so that you do not have to worry about the statute of limitations expiring.
Settlements and Verdicts From Mesothelioma Class-Action Lawsuits
Hiring the right attorney can help you access the largest settlement for a mesothelioma class-action lawsuit. Your settlement in an asbestos case will be split evenly between the people involved in the suit.
Historically, class-action lawsuits have done well. The good news about this form of lawsuit is that you get to split your legal fees with other individuals. That allows you to receive an even more significant settlement amount.
Mesothelioma Class Action Lawsuits and Their Development
Mesothelioma class action lawsuits have taken on a series of changes over several decades. It used to be that class actions were a major way of dealing with widespread asbestos exposure, but now they’re less common due to recent legal trends.
The rank and file of victims today more often lawyer up and start individual mesothelioma lawsuits, or submit claims for compensation through trust funds set up by companies who went bankrupt owing to asbestos exposure.
Asbestos litigation in general is a battle of great complexity: in asbestos claims filed with these funds, claimants participate both in personal injury and wrongful death suits. This switch demonstrates the preference for an individualized approach in seeking justice for those with asbestos-related diseases.
The Role of Mesothelioma Lawyers in Class Actions
In a mesothelioma class action lawsuit, a mesothelioma lawyer is indispensable. These legal practitioners specialize in asbestos cases and can help the injured party understand its rights and options.
No matter whether it’s a class action or an individual mesothelioma lawsuit, an experienced mesothelioma attorney can provide invaluable help. They will also help to collect evidence, file your asbestos claim, and represent clients in court so that those afflicted by asbestos exposure get what they deserve in return.
Asbestos Trust Funds and Settlements
In addition to suing in a mesothelioma class action lawsuit, asbestos victims may seek compensation through asbestos trust funds. These funds are set up by companies where their exposure has forced them into bankruptcy. It provides a very necessary source of compensation for all those exposed to asbestos who are now following the disease. Claiming from the asbestos trust fund also means a much quicker resolution than going through protracted court proceedings can guarantee.
Multidistrict Litigation and Its Influence
Multidistrict litigation (MDL) is a big way of dealing with a large number of asbestos-related claims. It consolidates many individual lawsuits into one court so that the whole process can be streamlined and cases handled more efficiently all around.
The idea is to provide a standard system that will speed up the resolution of mesothelioma and asbestos-related disease cases all across America. While class action lawsuits are occurring less and less often, MDL continues to play the most important part in resolving the huge number of asbestos claims being brought against.
Statutes of Limitations for Mesothelioma Lawsuits
For anyone considering a mesothelioma lawsuit, understanding the statute of limitations is crucial. The time within which you have to take legal action varies from one state or type of claim to another. Statutes of limitations where personal injuries or wrongful deaths result from asbestos exposure can run for anywhere between one year and six years.
It’s important for those who have been injured as a result of breathing in asbestos fibers to endeavor to know such deadlines, or their asbestos claim may simply not be admitted within its time limit. Missing the deadline for a statute of limitations can mean you lose your chance to seek compensation for damages caused by asbestos exposure.
FAQ: Mesothelioma Class Action Lawsuits for Asbestos Cases
These are the most common questions about mesothelioma class action lawsuits:
A mesothelioma class action lawsuit is an individual case presented on behalf of an entire group of individuals by one or more plaintiffs. The aim is to prove accountable to the responsible parties and secure redress for us all.
It is less common for mesothelioma cases to go through class action lawsuits because individual lawsuits yield better results. Individual cases bring a more personal touch and have been more successful in getting compensation than class actions. Moreover, federal courts no longer permit class action lawsuits, although they may be filed in state courts.
Multidistrict litigation takes many separate cases and combines them into a single court for streamlined handling. A class action lawsuit involves one case in which members of a group of plaintiffs all have similar grievances against the defendant. Judicial Panels on Multidistrict Litigation oversee MDL proceedings and help manage large numbers of lawsuits efficiently.
The statute of limitations stipulates how long you have to file a mesothelioma lawsuit. It usually varies from one to six years after diagnosis of an illness that may result in personal injury. For wrongful death claims, you generally get two to three years beyond the date when someone dies from this type of injury. It is essential to register your claim within this period to preserve your right to receive compensation.
In a class action lawsuit, the lawyer has another lifestyle or expertise for navigating an asbestos-laden field of litigation. He assists with gathering evidence, filing papers in court, representing clients at hearings, and striving to achieve fair givings or settlements for those afflicted through asbestos exposure.
Asbestos trust funds hold reserves of money for businesses that have declared bankruptcy due to claims connected with asbestos. These funds provide financial compensation to people with asbestos-induced diseases. Applying to an asbestos trust fund could resolve matters more quickly than protracted court action.
If you or a family member has been recently diagnosed with mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesowatch will assist you with handling everything from start to finish. Contact our support team today for a complimentary free case review.
