Asbestos Class Action Lawsuits

Many people who were exposed to asbestos ask, “What is an asbestos class action lawsuit?” but the question refers to a type of legal action no longer relevant in mesothelioma cases. Lawyers do not file mesothelioma litigation as class actions any longer and instead are processed as individual lawsuits.

What Is a Class Action?

A class action lawsuit is a joint claim filed on behalf of numerous people with the same or similar injuries or diseases. The connected plaintiffs file a claim against the same defendant or defendants. Class actions are an attempt to streamline the judicial process in order to save time and money by including many similarly situated cases into a single trial. Mesothelioma cases are no longer filed as class actions. Instead of being an asbestos class action lawsuit, they are filed as individual lawsuits.

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Benefits of Individual Asbestos Lawsuits

unique circumstances

Unique Circumstances

Each mesothelioma patient has a different story and distinct circumstances that impact their case. Individual lawsuits allow lawyers to personalize a case for each of their clients.

compensation

Amount of Compensation

Generally, the compensation amount for an asbestos class action lawsuit settlement wasn’t as substantial as was filing separately. Individual lawsuits are tailored to one person’s circumstances and asbestos exposure history.

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Length of Trial

An asbestos class action lawsuit requires the cooperation of many people, so the process often took a lot of time. Unfortunately, some late-stage mesothelioma patients don’t have the time to wait for a trial to begin. This is because the trial phase often starts several years after the mesothelioma litigation process begins and could last multiple months or even years if there is a lengthy appeals process.

What Happened to Mesothelioma Class Actions?

Class action certification failed as an aggregation tool for asbestos litigation under Georgine v. Amchem Products, Inc.

The Court of Appeals for the Third Circuit found that the class could not adequately meet Federal Rule of Civil Procedure requirements because all asbestos cases are unique.

All asbestos victims do not have similar diseases, nor were they exposed in the same way or to the same asbestos products. The Supreme Court of the United States ultimately affirmed the Court of Appeals for the Third Circuit’s decision in a case called Amchem Products Inc. v. Windsor.

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Angela C. Bullock

Experienced Mesothelioma Lawyer

Filing a Mesothelioma Claim

Mesothelioma patients can receive compensation through individual lawsuits, which are uniquely developed and personalized. Mesothelioma patients find the best success when working alongside an experienced lawyer who understands the complex medical and legal aspects of an individual mesothelioma lawsuit.

If you or a family member has been diagnosed with mesothelioma, you might be eligible for compensation. An experienced mesothelioma lawyer can help you learn more about your cancer, including any potential incidents involving asbestos exposure. Skilled mesothelioma lawyers make the process easy so patients can focus on their treatment and receive financial security without the stress of a difficult lawsuit.

Last Edited: August 4, 2019.

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