Lung Mesothelioma

Mesothelioma Class Action Lawsuit

Back view of a doctor and a patient examining an x-ray together

Mesothelioma Class Action Lawsuit

In general, when a collective group of people file a lawsuit before the court of law, it is termed as a class action lawsuit. In the case of a disease like Mesothelioma, cancer caused by prolonged exposure to asbestos, which is also a typical workplace hazard, a number of employees diagnosed with the disease can file a lawsuit. This kind of occupational hazard occurs in construction, shipbuilding and cement industry, where asbestos is used in large amount. It is popular among plumbers, electricians, mechanics and firefighters who often deal with asbestos directly or indirectly, as part of their job.

How it originated
It was mostly in the 1970s that people started becoming aware of the seriousness of this disease when numerous workers from different companies began to get diagnosed with mesothelioma. It was then that many lawsuits were filed collectively against various companies. Workers were forced into taking legal action because these companies started denying any allegations against them and also ignored the health hazards associated with asbestos exposure.

Therefore, it can be said that these class action lawsuits in case of mesothelioma were filed against organizations that did not inform its employees or take any precautionary measures to prevent the risks associated with the disease. What was even more devastating, even after the workers contracted the disease, these companies denied giving them any compensation as well.

Fundamentals of class-action settlements

In a mesothelioma class action case, the workers are the claimants who file the lawsuits against the organizations that ignore the effects of asbestos on employees and did not pay them any due. Those including the manufacturers of asbestos-related products, construction companies, mining firms, distributors of asbestos and shipbuilders, among others can be termed as defendants.

The victims who opted for a class action lawsuit often prefer an out of court settlement. This is because most people want to avoid the time, money and stress associated with a trial. As the patients have short lives, they also want their families to benefit from the compensation amount.

Advantages and disadvantages

The advantage of a class-action lawsuit settlement in mesothelioma is that the actions are relatively fast when a group of people moves the court instead of filing the case individually. Besides, the cost involved in paying the class action lawyer is nominal. In case the case is lost, you do not have to pay anything to the lawyer.

However, the plaintiffs individually have little control over the case proceedings as he cannot talk to the lawyer and find out details. Moreover, the compensation amount is so less as it is divided among several claimants that each worker may end up getting only a few dollars. Therefore, in many cases, the victims of mesothelioma prefers to file an individual case where he has a direct control over the case, lawyer and get a bigger amount as compensation.

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