Class Action
A class action is a type of lawsuit in which a group of plaintiffs with similar injuries and legal claims sue one or more defendants collectively. While class actions are common in many areas of law, mesothelioma and asbestos cases are almost always filed as individual lawsuits because each patient's exposure history, diagnosis, and damages are unique.
The distinction between class actions and individual asbestos lawsuits is important for mesothelioma patients to understand. In a class action, all plaintiffs share a single outcome — one verdict or settlement applies to everyone. In individual asbestos cases, each patient's unique exposure history, disease severity, and personal damages are presented separately, typically resulting in higher compensation.
Courts have largely rejected class action certification for mesothelioma claims because each case involves different asbestos products, different exposure periods, different worksites, and different medical histories. These individual differences make class treatment inappropriate under Federal Rule of Civil Procedure 23. Instead, cases may be consolidated through multidistrict litigation (MDL) for pretrial efficiency while preserving each plaintiff's individual claims.
If you have been diagnosed with mesothelioma, your case will most likely be filed as a personal injury claim or wrongful death lawsuit individually, not as part of a class action. This approach allows your attorney to maximize compensation based on your specific circumstances. Explore your legal options.
- Also known as
- Class action lawsuit, Class suit
- Category
- Legal
- Related terms
- Multidistrict Litigation (MDL), Personal Injury Claim, Settlement, Verdict, Asbestos Trust Fund
Have questions about Class Action? Our attorneys can explain how this applies to your situation — at no cost.