A class action mesothelioma lawsuit is filed on behalf of several plaintiffs with complaints against the same defendant. Class actions are designed to move more cases through the courts but force plaintiffs to waive the right to an individual suit. Class action lawsuits are not common in cases of asbestos exposure and mesothelioma.
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What Is a Mesothelioma Class Action Lawsuit?
Plaintiffs may file personal injury lawsuits individually or as a group, known as a class action. A mesothelioma class action is a lawsuit with a group of plaintiffs suing the same defendants over asbestos exposure.
One or more plaintiffs begin a class action lawsuit on behalf of many more. These people have been harmed similarly and by the same defendant or defendants. An individual case involves just one plaintiff.
Can Mesothelioma Lawsuits Be Class Actions?
The rules governing which cases can be class actions and how they proceed vary by state and differ in federal courts. Courts decide if the similarities between plaintiffs are enough to warrant a class action. They also consider whether individual lawsuits would be a burden to the system.
Mesothelioma Class Action Lawsuit vs. Individual Lawsuit
The reason for class actions is to gather together similar cases for a speedier, more efficient process. Instead of taking thousands of cases through the court system, one large group of plaintiffs can benefit from a single decision.
In terms of compensation, individual lawsuits almost always pay more to the victim. A class action win must be split between multiple people.
Benefits of a mesothelioma class action lawsuit include:
- A more efficient process
- An easier way to group exposed workers from the same job or employer
Downsides of a mesothelioma class action lawsuit include:
- Difficulty finding enough similarities between individual plaintiffs
- Less compensation for each victim
Why Mesothelioma Class Actions Are Uncommon
Mesothelioma class action lawsuits are not common. They are much more often filed as individual mesothelioma lawsuits. This is because there are often too many differences between the individual cases to group them:
- How and where the plaintiffs were exposed to asbestos
- The degree of exposure
- The type of diagnosis
- How the illness manifests and progresses.
More Common Class Action Lawsuits
Class actions are more common for things like defective products. A faulty medical device, for instance, causes similar harm to hundreds of thousands of people who used it. In this case, a class action is more efficient for getting justice and damages for victims.
What Is Mesothelioma Multidistrict Litigation?
Multidistrict Litigation, or MDL, is a legal action that moves multiple similar cases to one federal court. Unlike a class action, each plaintiff retains their individual lawsuit. MDLs improve the efficiency of the courts and save money.
Cases in MDLs are similar enough to be grouped in this way but also have enough differences to remain individual. This is often an ideal setup for asbestos claims.
MDL 875 for Asbestos Lawsuits
The Judicial Panel on Multidistrict Litigation created MDL 875 in 1991 for asbestos lawsuits. It began as a group of lawsuits filed by merchant marines in Ohio in the 1980s.
The Eastern District of Pennsylvania handles cases in MDL 875. It is the largest federal MDL in the country. It includes the original merchant marines on one docket with another for land-based asbestos cases.
How Do I Join an Asbestos or Mesothelioma Multidistrict Litigation?
Your lawyer will advise you on whether you qualify for MDL 875 and if it makes sense to join it. If you want to join, your lawyer will submit the necessary paperwork. The court may send your case back to the original jurisdiction.
How Do I Get in on a Class Action Lawsuit for Mesothelioma?
When a class action is filed, anyone who could be a plaintiff has a right to be notified. It may be impossible to contact every person individually, but the legal representatives must make a reasonable effort.
This includes using television or magazine advertisements. Once notified, potential plaintiffs choose to opt into the class action.
Should I Join a Mesothelioma Class Action?
If you know of a class action for which you qualify, you may wonder if joining makes sense. The best way to decide is to get advice from an experienced asbestos lawyer or law firm. For instance, it might make sense for your situation if you do not want to file an individual lawsuit.
A major drawback to joining a class action is that it generally results in less compensation for each plaintiff. The group of plaintiffs must split the damages award between them.
The harm you suffer is significant regarding asbestos exposure and mesothelioma. What you can recover from a mesothelioma class action lawsuit is generally inadequate to cover your costs.
Other Options for Mesothelioma Claims
As a victim of asbestos exposure, you have several choices for seeking compensation and many good alternatives to joining a class action.
A mesothelioma lawyer can help you decide which option, or multiple options, make sense in your situation:
- Filing an individual personal injury lawsuit. You may file a personal injury lawsuit in which you will be the sole plaintiff. Any damages recovered through a settlement, jury, or judge verdict will not be shared with other plaintiffs.
- Filing a wrongful death lawsuit. You can file a wrongful death claim if you lost a family member to an asbestos disease.
- Making a claim with an asbestos trust. If the company negligent in your asbestos exposure is bankrupt, you may need to file a claim with an asbestos trust fund it set up to be compensated.
- Filing a claim with the Veterans Administration. If you are a military veteran and experienced exposure during service, you may be entitled to free healthcare and compensation or disability payments.
- Filing for other benefits. A claim through your employer’s workers’ compensation insurance may be appropriate in your situation and will not impact your ability to file a class action or individual lawsuit. You may also be eligible for disability insurance or Social Security Disability benefits.
What Is the Average Settlement for Asbestos and Mesothelioma Lawsuits?
A lawyer cannot predict exactly how much your asbestos lawsuit is worth, but averages can give you a good idea of what to expect. The highest payouts for mesothelioma cases are in the tens of millions of dollars. However, it is important to realize that every case is different.
What Is the Average Settlement for Mesothelioma Victims?
Most individual mesothelioma lawsuits never go to trial and end in settlements. The average payouts are between $1 million and $1.4 million.
What Is the Average Jury Award in Asbestos Lawsuits?
If an individual lawsuit goes to trial, the average jury verdict is $2.4 million. Noteworthy cases often result in much higher verdicts. The courts sometimes reduce these verdicts depending on state laws that cap damages awards.
How Do Mesothelioma Class Action Payouts Compare to Individual Lawsuits?
Payouts for class actions are usually much less than individual settlements and lawsuit verdicts. This is because there are more plaintiffs involved. The award is split between each member of the class action.
How Do I File a Mesothelioma Claim?
If you choose one of the alternatives, a lawyer can guide you through the process. For benefits or an asbestos trust, the process involves completing applications and going through a review.
It’s best to let an experienced attorney do this for you. They know what the reviewers need to see and can appeal if necessary.
Again, you will rely on an experienced lawyer or asbestos law firm to file a personal injury or wrongful death lawsuit. They will take you through the important steps to seek compensation:
Gather Evidence
Before your lawyer makes the lawsuit official, they will investigate your exposure and collect evidence to make a case. They need this evidence to prove the defendants exposed you to asbestos and that the exposure led to your diagnosis.
File the Lawsuit
With adequate evidence, your lawyer will officially file a lawsuit. The filing goes to the courts and all defendants involved so that they can respond and prepare.
Negotiate a Settlement
Most individual mesothelioma lawsuits end in settlements. Your lawyer will most likely push for a settlement as long as they can get a fair amount from the defendants. It’s a faster way to get the compensation you need for medical expenses.
Go to Trial
Your lawyer represents you and argues your case before a jury in court. The jury decides if the defendants owe you damages and select an amount. If settlement negotiations fail, your lawyer will advise you on whether or not you should take your case to trial.
How Long Do Individual and Class Action Mesothelioma Lawsuits Take?
Lawsuit duration varies significantly based on individual factors. If you file a separate lawsuit, and your situation is straightforward, you will probably get a settlement within a few months. Going to trial takes longer, even years, in some cases.
Class action lawsuits often take years to resolve. Some may be quicker, ending within a few months to a year, but most take more than a year. This is because the process requires additional steps, such as notifying plaintiffs and getting the case certified by the courts.
A class action lawsuit gets more people through the courts faster, but the wait time for each plaintiff is usually longer than for an individual lawsuit.
Examples of Class Action Mesothelioma Lawsuits
While individual lawsuits are more common in asbestos cases, there have been some notable class actions against big companies that harmed hundreds of thousands of people:
W.R. Grace
Over 25,000 people filed a class-action lawsuit in 2000 against W.R. Grace in Montana. The company operated a mine in Libby that produced vermiculite.
For decades that mineral included asbestos contamination that sickened thousands of workers and nearby residents. In 2008, W.R. Grace settled, agreeing to pay victims $140 million, including money for a trust fund.
Amchem Products
Not all class actions go in favor of the plaintiffs. In the 1990s, nearly two million people were eligible for a class action against Amchem for asbestos exposure. The Third Circuit Court of Appeals rejected the case as a class action because it was unclear how the exposure would affect each plaintiff in the long term.
This is a typical roadblock in asbestos class action suits, as not everyone gets sick due to asbestos exposure. Some exposure victims might become severely ill and be unable to collect any more damages because the earlier class action would have cleared the company of liability.
Jackson County Courthouse
Not all mesothelioma class action lawsuits are filed against corporations or asbestos manufacturers. In the case of the Jackson County, Missouri case, two former employees at the courthouse began the suit on behalf of thousands of others.
The county and U.S. Engineering were found negligent in exposing workers to asbestos during building renovations. The case ended up with a settlement of $80 million to provide former employees with free medical screenings over 30 years.
Who Can I Talk to About a Class Action Lawsuit for Mesothelioma?
Contact a mesothelioma and asbestos lawyer to discuss your legal options and if a class action lawsuit is right for you. These lawyers represent asbestos victims, file lawsuits on their behalf, negotiate settlements, and investigate asbestos exposure.
Choose a lawyer or law firm with extensive experience working with asbestos victims. This is important because these cases are complex and require knowledge of the asbestos industry and personal injury laws.
A class-action lawsuit may or may not be the right option for your situation, but legal action is often the next step. Someone was likely negligent in your exposure, and a lawyer can help you determine who and what to do next.
