Mesothelioma Class Action Lawsuit: What exactly is one?

It is important to understand what Mesothelioma is before analyzing it under a class action lawsuit. Mesothelioma is a lethal form of cancer that is usually produced due to inhalation of a mineral named “asbestos.” It tends to affect the lungs, and at times, the abdomen, and heart. It is an incurable disease and most people die from it within five (5) years of diagnosis. Some people get this particular form of cancer while working at places that have asbestos.

Lets look at the mineral asbestos:

Asbestos has been used in different types of construction; construction materials; this includes insulation, roofing, and pipes. It was chosen for this because the mineral has fantastic insulating properties for both sound and temperature fluctuations; it is durable and resistant to both water and electricity; it also has great properties as a flame retardant material.

Most people who obtain Mesothelioma usually file a claim against their employer for monetary compensation since there is often times evidence of the employer being responsible. For example, the laws of each state have an implicit duty to all employers to due reasonable efforts to make sure their employees have a safe and hazard free work environment. To this end, there is a duty of the employer to warn of known dangers, including the hazardous effects of asbestos, and to provide safety measures to all employees that may be affected to this exposure. To claim compensation, a lawyer is needed to navigate the many issues that surround an asbestos exposure that has led to a Mesothelioma diagnosis.

If more than one employee is affected, and others within the same group, or employer, or employment, are also affected; then a legal factor known as “commonality” may be found, and a lawsuit known as a class action may occur. A class action is form of managed litigation and it is led by a “lead plaintiff” that represents the “class” of affected persons. It is an efficient form of litigation in that it keeps an organized control of all affected plaintiffs, and it can have a “steering committee” to consolidate discovery for the pending lawsuits of each person. Usually, a person will have a choice if affected by the same condition (Mesothelioma) to either 1) join the class in the class action lawsuit, or “opt out” and continue against the employer or at fault third party directly without being in the member class.

Attorney Mark C. Blane will be back on his Class Action Blog spot to write about upcoming issues in regards to Mesothelioma Class Actions lawsuits.
Mark Blane
Founder of The Law Offices of Mark Blane, APC
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