Atlanta mesothelioma lawsuits make up some of the most devastating mass tort cases. Mesothelioma is a very aggressive type of cancer caused by asbestos. Previously, asbestos was used in different products before people discovered how dangerous it was after prolonged exposure. Additionally, asbestos was previously used for construction projects. In the 1980s people started removing asbestos from public and commercial buildings fearing it would harm people, including children.
Mesothelioma is a very devastating disease and only about 40% of people diagnosed with this type of cancer can live for more than a year. About 10% of people can live with the disease for 5 years. However, for the biggest part, the disease has a mortality rate of 100%. Most people feel lost after receiving a mesothelioma diagnosis.
After the diagnosis, you can choose to forego the treatment and live the rest of your life peacefully. However, you can opt for treatment and extend your life a little bit. You should know that even with treatment, you can’t live for more than 1 or 2 years with the disease. Have you or your loved one been exposed to asbestos? Have you or your loved one been diagnosed with mesothelioma? Well, you need to contact the best mass tort law firm in Atlanta immediately.
How Are Mesothelioma Cases Handled In Atlanta?
When mesothelioma was first identified, most of the cases were filed as class actions. However, as the years have gone by, most people file these cases individually. Note that, most of the people who were diagnosed with the disease have sadly passed away. Previously, the cases were treated as class actions because there were too many plaintiffs. Courts in Atlanta, GA, couldn’t handle so many people as individual cases.
As such, a few lawyers could handle a few plaintiffs at once. After the cases were settled, the plaintiffs would receive their share of the award after judgment. In these cases, the defendants were aware of the worse state of prognosis for the plaintiffs. They knew that if the cases took very long, the plaintiffs would be deceased before trial commenced. Therefore, it resulted in a catch-22 issue. It means that;
- If the defendants waited long enough, the patients could pass away before they identified the cause of their cancer.
- Also, plaintiffs could be in a rush to settle fast thereby saving the defendants a lot of money.
- If the defendants waited too long, the cases would instantly become wrongful death cases which would cost them more money than product liability cases.
The defendants in these cases had a few options before them. Most of them settled the cases fast for the lowest amounts possible while others took a chance in a trial. After people identified that asbestos caused cancer, it was banned. Any new construction projects were banned from using asbestos products. Also, people working in niches that require asbestos were forced to take precautions. Sadly, for many people, it was too late.
Today, there are fewer mesothelioma plaintiffs than in the last decades. That’s because fewer people have been diagnosed with the disease since asbestos is not in much use today. Now, most of these cases involve people who were exposed to asbestos a long time ago but are just getting sick. Therefore, rather than handling the cases as class actions, they are handled on an individual basis.
How Much Are Mesothelioma Cases Worth?
Since there is a very high likelihood of death, any plaintiffs in mesothelioma cases receive very high jury awards. However, most people still accept early settlements but they are considerably lower than what they should receive if the case went to trial. Most of the plaintiffs in these cases want to get some money for their next of kin so they can have something to survive after the plaintiff passes away.
The total amount of settlement in a mesothelioma case depends on a few things such as:
- The diagnosis
- Your medical history
- The total number of defendants in the suit
- The location where the suit is filed
- The evidence presented
- The actual damages after being diagnosed such as lost wages or medical bills
The larger portion of most mesothelioma case settlements is from the pain and suffering. A plaintiff goes through too much after being diagnosed with mesothelioma. Note that, the family also suffers too. If you or your loved one has been diagnosed with mesothelioma and can’t take care of your family, you should receive compensation for it.
If a plaintiff in a mesothelioma case files for wrongful death, the damages will be higher. In such a case, a family member or next of kin will file the suit on behalf of their loved one who passed away because of mesothelioma. Juries are very sympathetic in mesothelioma cases and the defendants are aware of it. They would prefer to settle the case very early instead of going through a costly trial.
Contact a Mass Tort Lawyer for Your Atlanta Mesothelioma Lawsuit
Have you or your loved one been diagnosed with mesothelioma? Was it caused by asbestos exposure? As mentioned, mesothelioma cases have a very high mortality rate. Therefore, you need to contact a mass tort attorney in Atlanta who will review the case and advise you whether or not you have a legal claim.
Mesothelioma cases have a statute of limitations of 2 years after diagnosis. Contact a lawyer immediately after diagnosis. Since it’s a crippling illness, most people can’t handle the strain of a lawsuit. Therefore, the mass tort lawyer will take the time to explain the options available to you and your family.
First, the attorney will make sure the case is filed very fast so you can get a quick settlement. The lawyers are very compassionate and know the difficulty for everyone close to the plaintiff at this time. Call us now and schedule your free consultation. Remember, the defendants have their own lawyers ready so you need the best and most experienced mass tort attorney on your side.