A class action lawsuit is a suit that is filed on behalf of large groups of people that have suffered the same or similar types of damages; they file as a group in an effort to minimize the amount of time and money spent in court, and to leverage the power of their numbers.
Though this type of legal action is very common, and can be successful in certain instances, it has not been particularly popular in the case of mesothelioma or asbestos-related cases. In most cases, people who have been diagnosed with mesothelioma prefer to file a lawsuit on their own behalf, using an experienced mesothelioma attorney.
Mesothelioma Class Action Lawsuits Are Uncommon
When mesothelioma first came to the attention of the legal system and it was established that it was caused by exposure to asbestos, attempts were made to certify a class action on behalf of victims so that they could file suit as a group. But because each case was so different and because there were so many victims, the presiding judge in the case ruled against establishing a class in the case, leaving mesothelioma victims with little choice but to pursue action on their own behalf through the use of their own attorneys.
Disadvantages of Mesothelioma Class Actions
Though there are a number of good reasons for courts to establish classes in situations where a large number of people have suffered similar damages, when it comes to mesothelioma many of those reasons fall away. One reason is that so many victims continue to be diagnosed; mesothelioma’s appearance in the population is an ongoing process, so there would constantly be additional members of the class being added and reducing the payout to each class member.
Also, everybody’s situation is different when it comes to mesothelioma, and members of a class action generally lose the ability to have a say in the decisions being made.
How to Decide Whether to Join a Mesothelioma Class Action<
If you are contacted by a former colleague or anybody else about joining a mesothelioma class action and you are uncertain as to what you should do, please call our attorneys. We have been helping victims with mesothelioma legal advice for many years, and we have all of the information that you need in order to make a well-considered, informed decision for yourself and your family.
