Mesothelioma Lawsuits: Is it better to file individually for my damages or should I file as part of a class action lawsuit? What are the considerations?

In a class action suit, individuals who have similar cases would be "joined together" in a "class" to prosecute their claims in a "more efficient" manner. This process begins when one person (or more) agrees to serve as the class representative. This "class rep" is then subject to approval by the court. There are a series of requirements that the court reviews -- but most significantly, whether the claims of the "class rep" are typical of the claims of other members of the proposed class. The class representative is proceeding not only on his or her own behalf, but also on behalf of all others who are similarly situated. In this case, there is only ONE lawsuit, the result of which binds all class members. In order to determine if the class will receive fair and adequate representation, the court will generally consider whether the attorney for the class has experience in handling class actions and/or claims similar to those of the proposed class. In addition, the court will determine whether there are any conflicts in the interests of the class members.

Typically in a class action, if you receive one of these notices and take no action, you typically become a member of the class by default, so you don’t really have a choice. But if you choose not to become a member of the class - “opt out” - you preserve the right to bring your own lawsuit for your mesothemioma claim.

If you are bound by the outcome of the class action, you can't bring your own mesothelioma case and you won't have direct control of the lawsuit (but for the ability to raise some objections about a proposed settlement or the amount of the attorney's fees). You are also more likely to receive a lower amount of damages when your claim is grouped with so many other victims of asbestos-related disease, as awards for mesothelioma claims are generally higher than asbestosis and other asbestos-related diseases.

With a mesothelioma claim, you are probably better off on your own. You have the ability to directly control your case, attorney fees, and potential damages. But you will also have to hire and pay for your own lawyer and you won't share in any benefits received in the mesothelioma lawsuit class action.