Mesothelioma Class-Action Lawsuit

What Is a Mesothelioma Class-Action Lawsuit?

In a mesothelioma class-action lawsuit, a group of “similarly situated” people bring a joint claim to court. Instead of hearing the details of every plaintiff’s case, the court hears one plaintiff’s case selected to represent the whole class.

A mesothelioma class-action lawsuit is filed to hold asbestos manufacturers responsible and to secure compensation for the people they harmed. These companies knew asbestos was dangerous but still used it for decades.

State and federal courts have their own procedural rules governing class actions. Most agree the group must share similar injuries resulting from shared circumstances that raise the same legal issues.

The court must determine that litigating separate claims would be impractical or burdensome. Then the court can certify the group as a class and allow the group to proceed collectively.

Lawyers for an asbestos class-action suit, as with all class-action lawsuits, represent the whole group rather than individual clients. Class members have less control over their case. All claimants split class-action compensation. 

Why Are Mesothelioma Class-Action Lawsuits Rarely Filed?

Mesothelioma class-action lawsuits are now rare. Due to the unique nature of each case, individual lawsuits for mesothelioma are more common. They’re filed as personal injury or wrongful death claims. This approach ensures each plaintiff’s specific circumstances are addressed.

Mesothelioma class-action suits were most common in the 1960s until the late 1990s. During that period, these lawsuits were an efficient way for large groups of people diagnosed with mesothelioma to hold negligent companies liable. Today alternatives are more effective in securing your asbestos compensation.

The KCIC Industry Report data gathered up to mid-year of 2023 shows that the number of plaintiffs filing asbestos lawsuits has risen about 2% from 2022. Total filings up to July 31, 2023, reached 1,963. 

The total for the year will reach around 3,400 filings if the numbers continue in this pattern. Considering the unique nature of each case, combining such a large number of lawsuits into a single class action isn’t an ideal solution for each individual participant. 

Can I Join a Mesothelioma Class-Action Suit?

An attorney who specializes in filing a mesothelioma lawsuit can talk you through the pros and cons of a class-action lawsuit to help you determine if joining a class is right for you. If you choose to proceed with joining a class-action suit, your lawyer will explain how to add your name. They’ll help you understand the process, including what documents you’ll need to make the process more efficient. 

If you choose to file an individual lawsuit instead, your attorney can guide you through the process of filing a mesothelioma claim. Experienced asbestos lawyers can explain everything from the statute of limitations to the discovery process, answering your questions and acting on your behalf to get you the compensation you deserve. 

Alternatives to Mesothelioma Class-Action Lawsuits

The main alternatives to joining a class-action lawsuit are individually filed personal injury lawsuits and wrongful death lawsuits. These make up the majority of mesothelioma-related claims. 

If the company responsible for your asbestos exposure has filed bankruptcy, you may be eligible for compensation from trust funds these companies established. Veterans can also file claims with the Department of Veterans Affairs. Workers’ compensation may also be an option for you. 

The unique aspects of an individual’s mesothelioma case rarely align with other cases closely enough to make a class action effective. For this reason, most class actions don’t make it past a judge to get heard. Filing individually generally secures each plaintiff a better outcome. 

Personal Injury Lawsuits

In a personal injury lawsuit, a single mesothelioma plaintiff files a lawsuit claiming specific asbestos products caused them to develop cancer. The defendants in the claim are the manufacturers of the products.

The advantage of pursuing a personal injury lawsuit rather than joining a class action is that it generally leads to higher compensation to use toward medical bills and other cancer-related expenses. In 2022, for example, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods, Inc., responsible for asbestos exposure.

Most mesothelioma lawsuits get settled out of court, whether they’re class actions or individual claims. Asbestos settlement negotiations are typically less complex for personal injury lawsuits, as there is only one plaintiff. An experienced asbestos law firm will have a solid track record of successfully negotiating settlements for their clients.

Wrongful Death Lawsuits

In a mesothelioma wrongful death lawsuit, the surviving family members who lost a loved one to mesothelioma file the claim. The surviving family’s lawsuit holds that their loved one’s death is the result of asbestos exposure.

Filing a wrongful death lawsuit can secure financial compensation for families to help pay for funeral costs, medical expenses and other bills related to the cancer. The majority of lawsuits get settled out of court with an average settlement of $1 million to $2 million. 

Common Questions About Mesothelioma Class-Action Lawsuits

Can you file or join a class-action lawsuit for mesothelioma?

Generally, mesothelioma cases are not filed as class-action lawsuits. Mesothelioma cases are individual lawsuits against the viable asbestos companies and claims against the asbestos trusts for bankrupt asbestos companies. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Besides a class-action lawsuit, what other types of asbestos compensation are available?

Generally, mesothelioma cases are not filed as class-action lawsuits.  Mesothelioma cases are individual lawsuits against the viable asbestos companies and claims against the asbestos trusts for bankrupt asbestos companies.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Can you sue if you developed mesothelioma from asbestos exposure?

You can sue if you develop mesothelioma from asbestos exposure, and the statute of limitations has not expired. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What is the average payout for a mesothelioma lawsuit?

There is no average payout for a mesothelioma lawsuit.  Any compensation is determined by the evidence obtained against the viable asbestos companies pursued in litigation and the bankrupt asbestos companies in which claims were filed against the asbestos trusts. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

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