Tag: Mesothelioma

Mesothelioma Class Action Lawsuit Canada 2020

June 12, 2020 · Leave a comment ·

Mesothelioma Class Action Lawsuit Canada

Compensation Trust Funds

The information we provide, as a charitable organization, is for general information only.
We don’t provide compensation, make claims or provide specific advice on legal recourse or compensation claims for asbestos-related disease. We don’t recommend any one professional, or law firm, over another.

Each person’s situation is unique and each case may vary significantly. If you believe you may be entitled to compensation, we encourage you to seek expert and/or legal advice from a qualified professional.

Compensation Trust Funds (“Trusts”) have been established by a number of former asbestos companies to deal with their liabilities in place of court litigation. There is over $35Billion in these Trusts, and at present there are more than 30 different Trusts that can be accessed by the victims of asbestos related disease.

These Trusts specifically apply to Canadians, who can make claims for significant amounts of compensation based on their exposure to asbestos products manufactured by the companies that created these Trusts. There are hundreds of “approved sites” in Canada where the Trusts admit their products were present, and will accept claims for people who worked at those sites. Over the past decade there have been thousands of Canadians who have made successful claims against these Trusts.

Some other features of these Trust claims are:

There is no court case – claims are decided quickly on an administrative basis.

Legal fees are only payable if claims succeed, so there is no risk of a claimant having to pay any costs or expenses if the claims are not successful. Legal fees usually range from 25% to 33% of any amounts recovered from the Trusts.

The information that a client needs to provide is not burdensome. The process is designed to be easy for the client and not time consuming.

Clients can receive compensation from many different Trusts, depending on their work history and the products they used and places they worked. The damages vary from Trust to Trust, and can be up to $100,000 from some Trusts, with other Trusts paying smaller amounts.

Some of the Trusts will accept mesothelioma claims and pay compensation to everyone who has this disease, regardless of how they were exposed.

Claims can be made by people exposed away from work who do not have WSIB entitlements. The types of exposure that are allowed include:

People exposed via home renovation,

People exposed when washing the clothing of another person who worked with asbestos, or by living in the home of someone who worked with asbestos,

Self employed people,

The family of people who have died from mesothelioma or lung cancer.

Footnotes:

If you elect to pursue a claim through the WCB in your province and receive compensation for your claim from the WCB, you cannot make a claim against the Trusts. For this reason if you are looking for compensation, speaking to a lawyer about which route is best for you and your family sooner rather than later may help you make your decision.

If you are concerned about the cost of retaining a lawyer for advice, see if you can get a free consultation from a lawyer experienced in Asbestos Trust Claims. Most lawyers who specialize in this work will take your case on a “contingency fee basis”. What that means is that the lawyer will represent you and make all the necessary filings and arguments, but will be paid out of any of the money you are awarded through the suit (think of the television commercials we see about personal injury law in the United States). The fees may seem high (possibly between 25% and 33% of what you are awarded), but because the awards can be significantly higher than those received through worker’s compensation board claims, you may decide that this route works best for you and your family.

Mesothelioma Class Action Lawsuit Settlements 2020

June 12, 2020 · Leave a comment ·

Mesothelioma Class Action Lawsuit Settlements

Mesothelioma Class Action Lawsuit

Mesothelioma lawsuits can be handled several different ways, including as an individual lawsuit or through multidistrict litigation and class action lawsuits. A class action lawsuit allows a group of individuals with the same or similar injuries to take legal action together against a defendant.

There are several benefits to filing a class action lawsuit, and an experienced mesothelioma lawyer can advise what the best option is for your individual case. A major benefit is that patients and their families may be able to receive a much larger amount of compensation than if their case was handled individually.

Defining Mesothelioma Class Actions

The two primary types of mesothelioma lawsuits are personal injury claims filed by mesothelioma patients and wrongful death claims filed by surviving loved ones. The goal of these lawsuits is to gain financial assistance for travel costs, medical expenses and other fees that come with a mesothelioma diagnosis. In most cases, a mesothelioma settlement is reached between the claimant and the defendant. However, if you choose to pursue a lawsuit it can be handled in many different ways, including as a class action.

A class action is a civil suit in which multiple plaintiffs who have similar claims are represented by a single member of the class. For mesothelioma cases, plaintiffs are patients or surviving family members looking to file a mesothelioma lawsuit as a result of asbestos exposure. Trying many classes as part of a single class action lawsuit could potentially result in many advantages, such as:

Using a more efficient and cost-effective legal process than individual cases.

Expert witnesses don’t need to appear multiple times to give the same testimony.

Award amounts are typically much higher as the defendant has much greater liability for multiple parties versus just one.

Asbestos companies are more likely to have to change practices or admit fault than with smaller cases.

Standards of criteria can be established, avoiding inconsistency when cases are tried separately.

Not all mesothelioma claims are best handled as part of a class action lawsuit. Connecting with a mesothelioma law firm can allow you to explore all of your legal options and find what’s best for your case. If you’re considering pursuing legal action, it’s important to do so right away as each state has a statute of limitations, requiring you to file a certain amount of time after diagnosis or death.

Class Action vs. Mass Tort

Class action lawsuits are often confused with mass torts. There are many similarities between the two, including:

A large group of individuals claiming the same, or very similar, damages.

The same defendants who allegedly caused that harm being claimed.

An administrative consolidation of legal actions into one lawsuit.

However, there are substantial differences between the two. During a mass tort, individual plaintiffs are required to establish facts related to their specific case. In asbestos mass torts, each asbestos victim is required to describe how and when they were exposed, as well as whether that specific exposure led to a diagnosis of mesothelioma or another asbestos-related disease.

Multidistrict Litigation MDL 875

Mass torts are often handled through multidistrict litigation (MDL). In these cases, a special court is established within a specific district of the U.S. federal court system, and often one or more justices are designated to preside over all the cases for that MDL. The MDL system is overseen by the Judicial Panel on Multidistrict Litigation, which assigns MDL cases to a specific district to ensure efficient processing of claims. Each MDL is given a number to which cases are assigned as they are filed in their respective venues.

MDL 875 is the multidistrict litigation number for asbestos federal mass tort cases. Created in 1991, relevant lawsuits are transferred to the Eastern District of Pennsylvania (EDPA), which handles asbestos MDL cases. With nearly 187,000 cases having been transferred to EDPA between 2006 – 2015, MDL 875 is the largest and longest-lasting MDL in United States history.

In general, MDL 875 cases are segmented into one of two categories:

MARDOC (Maritime Docket): These cases were brought by Merchant Marines, their spouses or survivors who were exposed to asbestos during the course of their work on shipping vessels.
MARDOC contains the largest group of cases that have been handled by MDL 875, and there are some special administrative procedures related solely to MARDOC cases

Land-based: These cases arose from asbestos exposure on land, such as at mines or other worksites, making up the second broad category. Although there are more land-based cases than MARDOC cases, they can vary significantly from one to another.

Note that only federal asbestos lawsuits are handled by MDL 875. Individual states may have their own setups for handling multiple lawsuits. For example, the New York City Asbestos Litigation Court (NYCAL) regularly chooses a number of cases to be included as part of an in extremis cluster, meaning that the plaintiffs in these cases are in critical medical condition. While these cases aren’t necessarily tried together, they are put on the same docket due to the extreme nature of the diseases from which the plaintiffs are suffering.

Class Action vs. Individual Lawsuit

Asbestos class action lawsuits group individuals together, while individual lawsuits treat each case separately. Mesothelioma lawyers with experience handling both types of lawsuits can provide you with advantages and disadvantages of each, while providing guidance as to which option might give you the most compensation.

Individual Mesothelioma Lawsuits

Mesothelioma patients often have the opportunity to opt out of a class action and file an individual claim. You may choose this option if you believe you have a stronger case on your own rather than as part of a group, or if you feel that your case is significantly different than the others in your class action.

Class Action Mesothelioma Lawsuits

Typically, once a lawsuit is filed, it needs to be certified as a class action. Certification usually happens after all of the preliminary motions and discovery phase of a mesothelioma lawsuit. Once the suit is certified as a class action, potential members of the class will be identified and notified about their possible membership.

If you are notified that you may be a member of an asbestos-related class action, you should immediately contact a qualified asbestos attorney who has experience litigating such cases to determine your next best course of action.

Brief History of Asbestos Class Actions

As one of the longest-running subjects of mass litigation, asbestos lawsuits have been around for over a half-century. This section provides a brief history of the development of class action lawsuits related to asbestos.

1960: An epidemiological study by Wagner, Sleggs and Marchand establishes the relationship between pleural mesothelioma and asbestos exposure, inciting a flurry of lawsuits against companies like Manville Corporation.

1966: The Supreme Court amends Rule 23 of the Federal Rules of Civil Procedure (FRCP), thereby establishing the prerequisites of class action lawsuits, among other things.

1982: Johns-Manville Corporation files for bankruptcy after thousands of individuals brought lawsuits alleging harm from asbestos in its insulation and other products used as far back as World War II.

1987: The Manville Personal Injury Settlement Trust begins operating; however, the first settlements are not paid until court approval in November 1988.

1991: Federal asbestos cases were consolidated in the U.S. District Court for the Eastern District of Pennsylvania for pretrial purposes. Multidistrict asbestos litigation continues to be heard in this court, and is known as MDL 875.

1997: In Georgine v. Amchem Products, Inc., the Third Circuit decertifies a settlement class because it did not meet the prerequisites delineated in Rule 23 of the FRCP, a decision affirmed by the Supreme Court.

2002: Halliburton, which bought Kellogg, Brown & Root (KBR) in 1998, paid $4.2 billion to settle about 374,000 claims for asbestos exposure due to KBR’s waste-burning activities in previous decades. A trust fund was also set up to handle future asbestos claims.

Mesothelioma Lawsuit Payouts 2020

June 12, 2020 · Leave a comment ·

Mesothelioma Lawsuit Payouts

Urgency of Mesothelioma Legal Claims

For many people who developed a disease caused by asbestos exposure, time is of the essence. That’s especially so for malignant mesothelioma sufferers. And time is really an unfair situation for mesothelioma victims as there’s such a long latency period between asbestos exposure incidents and when the disease symptoms present. By then, time is very short for patients, particularly if they’ve been diagnosed in a late stage of mesothelioma.

The latency period involved in a mesothelioma diagnosis combined with the disease’s aggressive nature make time an essential factor in ensuring claims are settled fairly and promptly.

Most asbestos compensation payouts are negotiated settlements handled by a law firm specializing in asbestos litigation. Courts and legislators established extensive legal frameworks over the past four decades. Hundreds of thousands of claims were made against negligent asbestos producers, product manufacturers, and suppliers.

Defendants were liable for untold illnesses and deaths of American workers and military veterans who unknowingly suffered exposure to airborne asbestos fibers. Now, many of these defendants have disappeared.

Several asbestos companies have gone out of business due to bankruptcy. Some have changed their name, been sold off or merged into larger partnerships—efforts that don’t excuse liability. But, it does make it harder to collect due compensation within a reasonable timeline. To estimate how long it may take to be paid for a settlement, it’s necessary to look at the full process and the steps involved.

Asbestos Lawsuit and Settlement Processes

The last thing most mesothelioma sufferers want is a long and dragged out legal process.

The main purpose of monetary compensation is accessing sufficient funds to cover existing damages like:

– Medical and healthcare costs

– Lost income

– Ongoing living and care expenses

While large settlement sums have been court-awarded after jury trial verdicts, most claimants would rather have their settlement adjudicated as quickly as possible. Mesothelioma patients need urgent treatments, which they deserve to be compensated for.

The fastest way to get your settlement paid out is by retaining a law firm specializing in mesothelioma litigation and representing other asbestos-related claims.

This is what to expect when retaining a law firm that practices asbestos litigation:

Medical Review: They’ll record the client’s health and work history in order to assess what degree of damage a plaintiff has and who the responsible party or parties are. These overall circumstances determine what legal course to pursue as well as what urgency there is in obtaining fair and just compensation.

Research: Attorneys who specialize in mesothelioma cases already have a massive amount of research at their disposal. They match a client’s circumstances with case precedents and known asbestos companies who’ve already been held liable for negligence. Based on the individual’s situation, attorneys recommend how to proceed with collecting compensation.

Litigation: Filing a formal lawsuit and taking it all the way to a jury trial is complex and time-consuming. It may not be in a claimant’s best interest, particularly where settlement time is important. Large settlements are typical with court-ordered verdicts. However, skilled attorneys know that negotiating a settlement with a named defendant is quicker and less stressful for the client.

Trust Funds: Often, attorneys recognize their client’s situation fits with assessing existing trust funds already established by major asbestos companies who reorganized under Chapter 11 bankruptcy protection. These funds are immediately accessible, provided the claimant proves they’re eligible. Trust funds pay less than lawsuit settlements but they’re a ready source of quick payout.
Workers Compensation: Some states have workers compensation programs that pay income assistance and expense support for asbestos disease claimants. This is also a fast and reliable compensation form but it depends on the individual circumstances. Sometimes, private healthcare insurance can fund payouts. Medicare and Medicaid are designed to pay for medical costs, not for income assistance.

Veterans Affairs: All United States military veterans are eligible for compensation and extended healthcare benefits where it’s shown their disability developed from active-service duty hazards like asbestos exposure. Provided veterans were honorably discharged, they can apply to Veterans Affairs (VA) for money and expense support. This timeline greatly depends on a veteran applicant having all their information ready and supplied to VA.

Negotiating a Timely Compensation Payout

Time comes into play on both sides of the compensation settlement negotiation table. Attorneys for both the plaintiff and defendant are duty-bound to work in their client’s best interest. For the mesothelioma patient, that interest is getting the most amount of compensation in the shortest time. But for the defendant, dragging the case out may be their strategy for forcing the claimant to settle with a much smaller amount than they’re reasonably due.

This sounds like nasty business. The truth is, mesothelioma is a nasty disease and the prognosis for long-term survival greatly depends on the disease stage when it’s diagnosed and treatment begins. A historical tactic on many asbestos defendants’ part was to stall the proceedings and bet that the litigant would expire before they were forced to pay out.

Experienced mesothelioma lawyers know this tactic and prepare for it. They also know another anticipated response is for the defendant to quickly make a low-ball settlement offer. This is to entice a suffering patient into accepting less than what the defendant would have to pay should the courts make a decision. Unfortunately, this is part of the litigation process. It’s the claimant attorney’s role to understand what the best overall compensation is given the particular case timeline.

Expediting Mesothelioma Compensation Payouts

Most compensation processes recognize the urgency in settling mesothelioma cases. Those familiar with mesothelioma understand that this disease is particularly aggressive when reaching a stage that can be accurately diagnosed. Often, there are only a few months to two years left in a mesothelioma patient’s life expectancy. That’s unless caught early enough for treatment to start.

Mesothelioma treatment is expensive. Very few patients can afford to directly pay for proper mesothelioma intervention. They need compensation help and they need it fast. Following a typical lawsuit timeline isn’t practical or realistic for mesothelioma victims. This is where an experienced attorney who specializes in mesothelioma practice makes all the difference.

Mesothelioma law firms have the experience and connections to expedite compensation settlements for their clients. Most lawsuits follow a rigid timeline that starts within a certain statute of limitations for commencing an action once a disease or disability diagnosis is made. Then comes the information exchange period between plaintiff and defendant where disclosure is made and trial preparation happens.

Realistically, it takes two to three years before civil trials happen. An actual trial may only be a week or two, but waiting to get paid for a settlement can take months or even years longer. Mesothelioma patients just don’t have that time luxury. Their best recourse is retaining an experienced law firm that specializes in mesothelioma litigation to expedite their case.

Retaining a Specialized Law Firm to Expedite Compensation Payouts

A law firm specializing in mesothelioma litigation will focus on expediting their client’s compensation payout. That begins with assessing the urgency and what best process to undertake. Attorneys who deal with mesothelioma are fully aware of their clients’ short timeline. Being compassionate, they proceed with negotiating mesothelioma settlements as a top priority.

If you’ve been diagnosed with mesothelioma, then you need an advocate to fight on your behalf and get you the compensation you deserve—quickly. Contact the Mesothelioma Justice Network today to work with our Justice Support Team.