Due to the related situations of mesothelioma and asbestos exposures, there have been various class mesothelioma class action suits filed throughout the years in the United States.
Mesothelioma class action suits became quite prominent in the late 1960s and 1970s, when the dangers regarding asbestos exposure and mesothelioma were made public.
What is a Mesothelioma Class Action Suit?
A mesothelioma class action suit is one where a collective group of individuals will file a lawsuit as a result of such individuals being diagnosed with mesothelioma.
Most mesothelioma class action suits will involve a collection of people brining legal action against an employer or company. Usually, the situation arises when the employer or company fails to disclose the inherent dangers involved with direct exposure to asbestos and the possibility of developing mesothelioma cancer.
Many of these companies will either keep such information from the employees or proactively undertake means to distort or hide the scientific facts about asbestos. Most mesothelioma class action suits have proven to be levied against manufacturers and distributors of asbestos-related products or materials. In many cases, these companies will usually revolve around the mining and construction industries, as well as those involved in shipbuilding.
Why File a Mesothelioma Class Action Suit?
The most common reason why people will join a mesothelioma class action suit is to seek compensation for the medical costs involved in treating the disease.
Because a class action suit involves a collective group of people filing for legal action, there is a stronger possibility of being able to obtain compensation from the company or employer, often times avoiding an actual court trial.
Because there is a large collection of individuals, the employer or company will be more likely to reach a settlement and avoid brining the dispute to trial.
Individual Lawsuit vs. Class Action Suit
The option to individually file a lawsuit in regards to a mesothelioma is always a possibility. However, there are both advantages and disadvantages in such a circumstance.
The main proponent of filing a mesothelioma lawsuit individually is the fact that one will have more control over the actual legal mater. Furthermore, any compensation that is to be derived from such a lawsuit will not have to be divided among the individuals of a class action suit, and the sole individual will enjoy the financial benefits.
On the other hand, a mesothelioma class action suit may be more appropriate, particularly when an individual does not have the financial means to employ legal representation alone. A mesothelioma class action suit will allow for the dispute to be tried collectively thus allowing individuals to have representation by a single attorney or lawyer.
However, once an individual is part of a mesothelioma class action suit, he/she cannot take further action as an individual against the employer or company, even if future or further damages occur.
When deciding wish course is best to take, it is best to consult with a knowledgeable and skilled asbestos attorney in order to determine the most viable and effective legal action.