If you’ve been diagnosed with mesothelioma, you may have heard the term “mesothelioma class action settlement” and wondered if it’s the right path for you. It’s crucial to understand that while class action lawsuits were more common in the early days of asbestos litigation, today, most cases are handled as individual lawsuits or through asbestos trust funds.
This is actually good news for you. Here’s why pursuing an individual claim with a specialized mesothelioma lawyer is almost always more beneficial than being part of a mesothelioma class action settlement.
The Difference: Class Action vs. Individual Lawsuit
Understanding the distinction is key to maximizing your compensation.
- Class Action Lawsuit: A single lawsuit is filed on behalf of a large group of people (“the class”) who have similar injuries from the same product. If a class action settlement is reached, the total amount is divided among all members of the class, often resulting in smaller, one-size-fits-all payouts.
- Individual Lawsuit: Your attorney files a claim specifically on your behalf. This allows your legal team to focus entirely on the unique details of your case—your specific exposure history, your diagnosis, your family’s losses, and your pain and suffering. This almost always leads to a much higher, personalized compensation amount.
Why Individual Lawsuits Are Favored Over a Mesothelioma Class Action
While the idea of a mesothelioma class action settlement might sound simpler, individual lawsuits offer significant advantages:
- Higher Compensation: The average payout from an individual mesothelioma settlement or verdict is typically significantly higher than what an individual would receive from a class action settlement. Your claim is valued based on your specific damages, not averaged out with thousands of others.
- Faster Resolution: Class action lawsuits can take many years to resolve as they involve coordinating with countless plaintiffs. An individual lawsuit can often be resolved much more quickly, getting you and your family the financial support you need during a critical time.
- Personalized Attention: In an individual case, you have a dedicated legal team working solely for you. In a class action, your case becomes part of a large group, and you have little to no individual control over the strategy or outcome.
The Role of Asbestos Bankruptcy Trusts
A major reason you hear less about mesothelioma class action settlements today is that many of the companies responsible for asbestos exposure have filed for bankruptcy. To handle future claims, they were required to establish asbestos bankruptcy trusts.
These trusts are not class actions, but they function as massive compensation funds. A skilled mesothelioma lawyer will file claims with multiple trusts on your behalf, in addition to pursuing an individual lawsuit against any still-solvent companies. This multi-pronged approach is the most effective way to maximize your total compensation.
What Does This Mean for Your Case?
You are not automatically entered into a class action. To seek compensation, you must take proactive steps by hiring a law firm that will:
- Investigate your specific work and exposure history.
- File claims with the appropriate asbestos bankruptcy trusts.
- File an individual mesothelioma lawsuit against the negligent companies that are still in business.
- Negotiate a comprehensive mesothelioma settlement on your behalf or be prepared to take your case to trial.
Why You Need a Specialized Mesothelioma Lawyer
Navigating asbestos trusts and individual lawsuits requires a highly specialized skill set. A qualified mesothelioma law firm will:
- Determine Eligibility: Confirm you have a valid case.
- Identify All Sources of Exposure: Link your illness to specific products and job sites.
- Maximize Your Recovery: Ensure you recover from every possible source—trust funds and lawsuits.
- Work on a Contingency Fee: You pay nothing unless they win compensation for you.
Act Now: Protect Your Right to Compensation
Every state has a statute of limitations, meaning you have a limited amount of time after your diagnosis to file a claim. Don’t wait to explore your options.
Frequently Asked Questions
Q: Are there any active mesothelioma class action lawsuits?
A: While it’s rare, some may exist for specific, narrow situations. However, for the vast majority of mesothelioma patients, an individual lawsuit or trust fund claim is the superior path to greater compensation.
Q: How much can I expect from an individual settlement versus a class action?
A: Individual settlements are often in the hundreds of thousands to millions of dollars, depending on the case. Class action payouts are typically much smaller, sometimes only a few thousand dollars per person, because the fund is divided among so many people.
Q: What if the company that exposed me is out of business?
A: This is very common. This is where asbestos bankruptcy trusts come in. Your lawyer will file claims with the trusts associated with the bankrupt companies responsible for your exposure.
Secure the Maximum Compensation You Deserve
While the term “mesothelioma class action settlement” is widely known, it is not the most effective path for most victims today. You deserve a settlement that reflects the unique and severe impact this disease has had on your life.
Contact a specialized mesothelioma law firm for a free consultation. They will explain your legal options and fight to secure the maximum possible compensation for you and your family through individual lawsuits and asbestos trust claims.