Prior to the late 1990s, it was believed that class-action lawsuits could award mesothelioma victims fairly. For example, if 1,000 people were exposed to asbestos by the same products and developed the same condition — mesothelioma — they should, in theory, be awarded the same amount of money.
Yet class-action lawsuits only work when every person has suffered the same exact injuries from the same defendant, according to Cornell University’s Legal Information Institute.
Further, class-action lawsuits usually cannot award mesothelioma victims with enough compensation to help them after a mesothelioma diagnosis.
Because of these issues, the U.S. Supreme Court decided in 1997 that asbestos cases could no longer be heard as class-action lawsuits on a federal level.
How to File a Mesothelioma Class-Action Lawsuit
To file a, must come together through the help of experienced lawyers.
Class-action lawsuits require at least 35 or more people affected by the same injury or illness. In a mesothelioma class-action lawsuit, one victim or a small group of victims will be named as plaintiffs to represent the entire group. The manufacturers of asbestos-containing products named in the suit become the defendants.
Courts will designate a lawsuit as a class-action if it meets the four prerequisites outlined in Rule 23(a) of the Federal Rules of Civil Procedure (FRCP).
These prerequisites are:
- There are so many claimants that hearing individual cases is impractical for the courts.
- The legal issues in question are similar for each class member named in the case.
- The claims made by the main plaintiff accurately represent the claims of the other class members.
- The representative plaintiff will properly represent the interests of all class members.
Mesothelioma cases almost never qualify for class-action lawsuits today. Mesothelioma lawyers can help determine if victims can file a personal injury or wrongful death lawsuit to receive compensation.
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