One of the ways victims of mesothelioma and their families have been able to increase the amount of compensation they receive as a result of exposure to asbestos is to group multiple claims into a class action lawsuit.
Define class actions
A class action is a civil claim in which several claimants with similar claims are represented by one member of the class. Testing many cases as part of a single collection action can have a number of benefits:
- It makes the legal process more efficient and reduces the costs of each individual case.
- It reduces the burden of expert witnesses, who would otherwise have to appear several times to give the same testimony.
- Premium amounts in collective actions are usually much greater because the accused person's liability for multiple parties to a person is much greater.
- Class actions can also force companies to change their practices or allow errors if they do not do so in smaller cases.
- It can create a standard set of criteria for similar cases that would otherwise be inconsistent if each case were tried separately.
- Although these benefits apply in many cases, it is important to note that not every case can benefit from a lawsuit against a class action.
Class action against Mass Tort
There are many similarities between class actions and mass allusions. Both have for example:
- A large group of people claiming the same (or very similar) damage.
- The same defendants who would have caused this damage.
- An administrative consolidation of disputes in a lawsuit.
However, in contrast to collective actions, the plaintiffs must, in the case of mass damage, make factual findings with regard to their specific case. For example, in a case of asbestos mass injustice, each claimant must describe how and when it was exposed and whether that particular exposure led to the development of mesothelioma or other asbestos-related diseases.
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