Among the ways of getting compensation for mesothelioma compensation there is a class action lawsuit. This type of claims is filed by a single person or a group of people who represent a much larger number of complainants. It is possible to combine all claims of the same type into one and file one class action lawsuit. It helps to save on court expenses, attorneys and defend the interests of asbestos victims efficiently. Individual mesothelioma claims are much more popular than class action claims. However, it may be exactly the option you are looking for. It is always useful to consider all possible variants.
The history of class action suits related to mesothelioma and other asbestos disease began in 60 years of the last century. At that time the society first time heard that asbestos was dangerous for health. While the contact with asbestos that caused health problems was mostly at work, employees began to file claims over their employers, and this is how it all began. But class actions weren’t popular at that time. This can be explained by the fact that the victims of asbestos exposure were not united into any organizations.
This problem was not public, and the first class action lawsuit was filed many years after the first mesothelioma case got to the court. Class action implies representing a big group of people in the court by a smaller group of plaintiffs or even an individual. All complainants have the same requirements for a defendant and wish to protect their interests in the court according to the law. Such mesothelioma claims are processed according to the procedural rules of each state, and these rules may vary. The requirement general for all states is that all the group of complainants must experienced the same health problem caused by the same circumstances. Additionally the requirements of each one from the group must be equal.
As a rule a defendant in such case is a company that exposed its employees to asbestos, being aware about the danger of such contact but having informed employees about them. Often such suits are filed against ship building, construction companies or the manufacturers of asbestos products.
Within the growing awareness of the danger of asbestos and facts that it has direct connection with a range of harmful diseases, people began to file class action claims more and more often. Within 40 years after the first such claim their number has grown to 750 000! There was an attempt to unite such claims into one huge process that implied making a settlement agreement between the major defendant companies and demandant groups and firms. However this attempt has failed as it was impossible to find a unite compromise between such a big number of people. The US Supreme Court ruled against that.
If you consider whether to apply for a class action claim, you should definitely consult a professional who will advise you the best option in your condition. Very often the advantages of class action or individual mesothelioma claims are not obvious, if not to know this area well. Such cases often end-up with the settlements out of court. The parties agree for the amount of compensation before the case goes to trial. And very often demandants get lower compensation compared to the one they would get under the jury’s verdict. But the advantage is the short duration of the process and cheaper price (fewer expenses. So, if the time matters and you’d like to spend less money, the class action claim is a suitable option.