The Effectiveness of Mesothelioma Class Action
A mesothelioma is a form of cancer that is most of the time caused due to exposure to asbestos. In this form of cancer, cancerous cells are formed in the mesothelium, the protective lining covering the major organs of our bodies. In mesothelioma, the cancerous cells are usually formed either around the lungs or chest cavity. In some cases, it also formed around the abdominal area and also the heart.
Mesothelioma is very difficult to diagnose and its symptoms are usually similar to other common diseases.Usually, doctors are successful in diagnosing it correctly when informed about the possible exposure to asbestos.
As most of the time, the exposure to asbestos takes place in the workplace, employees can file a lawsuit against the employer if they haven't adhered to the norms of usage of asbestos; a civil lawsuit brought by a group of employees against their company that has been using asbestos for manufacturing purposes.
This usage of asbestos has lead to asbestos exposure to the people working on the premise leading to cancerous diseases like mesothelioma. In a mesothelioma class action, a complaint is filed as well as compensation claimed by the involved parties on behalf of all the other injured parties.
The sole purpose of such a class action is to claim compensation for all the members for the problems arising due to exposure to asbestos.
A compensation for a range of things like pain, suffering, loss of job, loss of income, medical expenditure and other psychological problems in the family due to asbestos exposure can be claimed by all parties.
There are a set of advantages and disadvantages of as compared to an individual lawsuit.
Advantages of filing a lawsuit as a member of the mesothelioma class action are:
- Lesser expenditure as the costs of the lawsuit are shared
- Higher chance of winning the lawsuit as more people are involved
- Due to more number of affected people being involved, there will be more weight-age for the claim.
The main drawback to claiming compensation? The compensation gained is equally shared among all the members of the mesothelioma class action leading to lesser monetary gain whereas in the case of an individual lawsuit the complete compensation is won by the individual filing the lawsuit. Article Source: http://EzineArticles.com/1074057