Mesothelioma cases are no longer classed as class actions and instead are individual suits. Individual prosecutions may be more effective because they are customized to the specific and unique circumstances of the mesothelioma victims.
What is a class action?
A class action is a joint claim filed on behalf of many people with identical or similar injuries or illnesses against the same defendant or defendants. Class actions are an attempt to streamline the court process to save time and money by including many "like-minded" cases in a single trial. Mesothelioma cases are no longer classed as class actions but as individual suits.
Benefits of individual lawsuits against asbestos
Every patient with mesothelioma has a different story and different circumstances that affect his case. Individual lawsuits allow lawyers to customize a case for each of their clients.
Amount of compensation
As a rule, the amount of compensation paid for the settlement of an asbestos lawsuit was not as important as a separate deposit. Individual prosecutions are tailored to a person's situation and history of asbestos exposure.
Duration of the trial
Collective redress has required the cooperation of many people, so the process has often taken a long time. Unfortunately, some patients with advanced mesothelioma do not have the time to wait for a clinical trial in the coming years.
What about class actions against mesothelioma?
Class actions failed as an asbestos consolidation tool in Georgine v. Amchem Products, Inc. The Third Circuit Court of Appeal found that the class action could not satisfactorily meet the requirements of the Federal Rules of Civil Procedure because all asbestos cases are unique.
In the past, class action lawsuits against companies responsible for asbestos exposure were common, but they are no longer allowed by law because each case of mesothelioma is different.
All asbestos victims do not have the same diseases and have not been exposed in the same way or to the same products as those containing asbestos. The United States Supreme Court finally upheld the decision of the Third Circuit Court of Appeal in Amchem Products Inc. v. Windsor.
Filing a claim for mesothelioma
Class action lawsuits against mesothelioma no longer exist. Patients with mesothelioma can receive compensation through individual, specifically developed and personalized lawsuits. Mesothelioma patients get the best results when working alongside an experienced lawyer, who understands the complex medical and legal aspects of an individual mesothelioma trial.
If you or a family member has been diagnosed with mesothelioma, there is a good chance that you are entitled to compensation. An experienced mesothelioma lawyer will be able to help you get the most compensation possible. Mesothelioma lawyers facilitate the process so that patients can focus on their treatment and enjoy financial security without the stress of a difficult trial.