Asbestos Class Action Lawsuits

What Is a Class Action Lawsuit?

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. Mesothelioma cases are no longer filed as class actions.

Benefits of Individual Asbestos Lawsuits

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.

Amount of Compensation

Generally, the compensation amount for a class action settlement isn’t as substantial as filing separately. Individual lawsuits are tailored to one person’s circumstances, such as their exposure history.

Length of Trial

An asbestos class action lawsuit requires the cooperation of many people, so the process often takes a lot of time. The trial phase often starts several years after filing the initial claim. An appeals process can make the case last multiple years. Unfortunately, some late-stage mesothelioma patients don’t have this much time to wait for compensation.

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. The court ruled this way 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.

Angela C. Bullock

Experienced Mesothelioma Lawyer

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Angela C. Bullock

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Topics to ask Angela about:

• Asbestos trust funds
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Filing a Mesothelioma Claim

Mesothelioma victims can receive compensation through individual lawsuits, which are uniquely developed and personalized. We recommend finding an experienced lawyer who understands the complex medical and legal aspects of a mesothelioma lawsuit.

If you or a family member has been diagnosed with mesothelioma, we suggest you speak with our legal team before making any decisions. You could make an irreversible action that significantly decreases how much compensation you’ll receive. Our experts are and can explain the important details of mesothelioma legal claims.

Sources & Author

1. White, M.J. (2005). Asbestos Litigation. Retrieved from: https://econweb.ucsd.edu/~miwhite/Manh-Inst-talk.pdf. Accessed: 11/1/18.
2. Hanlon, P.M. & Smetak, A.M. (2007). Asbestos Changes. Retrieved from: http://www.law.nyu.edu/sites/default/files/ecm_pro_064613.pdf. Accessed: 11/1/18.

About the Writer, Retired LCDR Carl Jewett, VA Claims Agent

LCDR Carl Jewett is a retired Naval Officer who serves as the Veterans Department Director and Patient Services Director at Mesothelioma Guide. He is a VA-Accredited Claims Agent with more than 14 years of experience filing asbestos-related VA claims. He has helped over 1400 veterans who have been diagnosed with asbestos-related illnesses get approved for VA Disability Compensation, VA Pension, and/or Aid & Attendance benefits. Because veteran’s are also entitled to compensation through the legal system, Carl has communicated with many mesothelioma law firms across the country. He has gained extensive knowledge of asbestos trust funds, mesothelioma lawsuits, settlements, and the claims process. He provides both veterans and civilians with information regarding their legal options.