Mesothelioma Class-Action Lawsuit

A class-action lawsuit is filed by claimants who sue on behalf of a large group of people who have been similarly harmed by the same defendants. Mesothelioma cases are typically not filed as class actions. Instead, claimants file individual lawsuits over asbestos exposure.

What Is a Class-Action Lawsuit for Mesothelioma?

In a class-action lawsuit, a group of people bring a joint claim to court. When medical evidence linked asbestos exposure to mesothelioma in the 1960s, class-action lawsuits were an efficient way to hold negligent companies accountable.

But individual lawsuits have proven more appropriate. Mesothelioma lawyers and judges came to realize class actions are not the best type of litigation for mesothelioma cases, which involve a rare cancer with a long latency period.

Class-action lawsuits are civil suits filed against a defendant by one or more plaintiffs on behalf of a group of “similarly situated” people. Instead of hearing the details of every plaintiff’s case, the court hears one case that represents the whole class.

State and federal courts have their own procedural rules governing class actions. Most agree the group must share similar injuries caused by shared circumstances that raise the same legal issues.

A court must determine there are sufficient similarities and that separate lawsuits would be impractical or burdensome. Then it can certify the group as a class and allow them to litigate their case collectively.

Alternatives to Mesothelioma Class-Action Lawsuits

There are several alternatives to mesothelioma class-action lawsuits. Most mesothelioma lawsuits are filed by individuals as personal injury claims or wrongful death claims. Compensation may also be available from asbestos trust funds, workers’ compensation or the Department of Veterans Affairs.

If you are asked to join an asbestos class action, remember that you can choose to join the class or “opt out” so you can pursue your own lawsuit.
Asbestos Class Actions vs. Individual Claims
  •     Class action lawyers represent the whole group rather than individual clients
  •     Class action members have less control over their case
  •     Class action compensation is divided between all claimants
Most mesothelioma lawsuits are settled out of court, whether they are class actions or individual claims. Settlement negotiations can be more complicated in class-action lawsuits because usually all or most of the plaintiffs have to agree to the terms.

Be sure to work with an experienced attorney when you evaluate your legal options for seeking compensation.

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