Mesothelioma class action lawsuit began to surface in late 1960s following the rise of public awareness regarding the serious health hazards and risks caused by the asbestos exposure. Responding to this new type of lawsuit, new procedural methods from judges across US have been formulated in order to manage the claims that are now reaching millions in number.
What is Class Action
In general, what defines a class action lawsuit is a claim that collectively brought by group of people to the court. Usually, it is filed against one or more defendant or plaintiffs representing many other people in the same situation. Each state court has its own procedural rules in terms of governing this lawsuit as well as the federal court.
For the defendant or plaintiffs to maintain this lawsuit, they must share the similar injuries due to similar circumstances. The lawsuit will then be considered burdensome or impractical if the cases don’t share sufficient similarities. So, in order for the group to have their cases litigated, the similarities are essential.
Process of Mesothelioma Class Action
Today, under Georgine v Amchem Products, the class action certification for mesothelioma case failed as aggregation tool. The lawsuit is considered unable to meet the requirements from Federal Rule of Civil Procedure as each case is indeed unique and not similar to one another. This certainly is different compared to years ago where the class action of mesothelioma against companies were very common. The facts show that each victim has particular disease caused by asbestos exposure because each of them is exposed in different way.
Therefore, it can be concluded that class action lawsuit of mesothelioma no longer exists. What the patients can do is to file individual lawsuit to receive the compensation where each lawsuit is uniquely personalized and developed. In order to have the case successfully processed in the court, it is necessary for the patients to hire experienced lawyer with sufficient understanding regarding the legal and complex medical aspects of the lawsuit.
Even though the mesothelioma class action lawsuit no longer exists, the chance for the patients exposed by asbestos to receive compensation is still high. Most patients are eligible to receive it. And with the experienced lawyer help, the process will be easier and faster while the patients can focus on getting better with the treatment.
Mesothelioma Individual Lawsuit
There are some conditions that make this lawsuit unique. For instance, each case has unique circumstances considering every patient has distinct circumstance and different story impact her/his case. Therefore, the lawyer can personalize the lawsuit for each client. Each patient receives different amount of compensation. Again, it’s because each case is unique so the lawsuit has to be tailored based on the circumstance and exposure history of the patient.
In terms of length of trial, each lawsuit is also very unique. Unfortunately, some cases can take years for completion and it is not a good thing circumstance for late-stage mesothelioma patients because often their conditions are worst already.
Considering the facts and circumstances above, the non-existence of mesothelioma class action lawsuit is not an obstacle for the patients to have their cases filed.