When corporations cause wide scale injuries and deaths or engage in negligence that affects a large group of people, a class action lawsuit often makes sense.
The Practical Side of Individual vs Mesothelioma class action lawsuit
This can save the individual plaintiffs that were injured from shouldering the legal expenses all alone. But for this to be practical, the victims must have similar injuries or have been placed in similarly risky positions. With asbestos exposure, it’s not that clear cut.
Asbestos Outcomes Are Unique
Why? Ten workers can have worked side by side for a decade in a high-risk industry and have been equally exposed to the toxic fiber. One worker may develop asbestosis, one may develop mesothelioma, one may have pleural plaques and the other seven may suffer no ill-effects. Medical experts aren’t entirely sure why asbestos sickens some people and leaves others unharmed. But because asbestos-related diseases are so unique to each individual, there’s too much inconsistency to make a class action lawsuit practicable.
Asbestos Diagnoses Are Wide Ranging
Not only can workers that work side by side be affected differently, but each person who is made ill by asbestos will be diagnosed at a different interval. Some will be diagnosed 20 years after exposure and some will be 25, 30 or even 40 years between exposure and diagnosis. Once you realize that your illness was caused by asbestos, you only have three years to file a lawsuit for compensation. With victims from the same pool being diagnosed decades apart, this is yet another reason that class action lawsuits for asbestos are infeasible.
Asbestos Exposure Can Be Multi-Layered
Depending on your occupation and how you were exposed to asbestos, there’s a chance you were exposed in more than one place or in such a way that more than one corporation or asbestos trust will likely be found liable for your damages. Because each person’s work history is unique, so too will be your compensation lawsuit. For one asbestos victim, just one or two corporations may be the focus of your compensation claim. For another asbestos victim, several corporations may be considered because they share responsibility for your exposure and subsequent illness. This is another factor that makes class action lawsuits impractical.
Class Action Lawsuits Can Result in Lower Compensation
In some cases, class action lawsuits can result in reasonable damages for each victim. But in still others when there are a great many participants, the verdict may sound large but once it’s carved out between the victims, it can come out to a relatively low per person amount when you consider the great impact to your life. Because of the highly individualized nature of asbestos-caused illnesses, you will get the best result by hiring a reputable experienced law firm to represent you and only you. This will ensure you get the personal attention you need and the best possible outcome for your claim.
Contact Bergman Draper Oslund for Help Today
If you or a loved one were diagnosed with mesothelioma, we can help. Bergman Draper Oslund has been helping asbestos exposure victims for more than 15 years and is the only law firm in the Pacific Northwest that handles solely mesothelioma cases. Our results are impressive – we have won more than $700 million for our clients.