What Is a Class Action Lawsuit?
A class action lawsuit allows a large group of victims (a “class”) who all suffered similar injuries to pursue compensation simultaneously. To qualify for a class action, these similar injuries must result from the same product, device, or drug manufactured or sold by the same defendant.
For example, if a popular medication causes users to develop asthma-related symptoms, these users may file a class action lawsuit against the manufacturer who failed to warn them of this possibility and continued to market the medication without proper warnings even after users fell ill.
What Types of Cases Can Support a Class Action Claim?
Almost any type of tort claim can turn into a class action lawsuit if enough victims suffered similar injuries. These claims often include defective consumer products, pharmaceuticals, and tires or car parts. Other common types of cases that turn into class action suits include employment law cases, corporate misconduct, fraud, and securities fraud.
If a group of victims suffered injuries in the same incident or the same type of incident but suffered drastically different injuries, we may instead suggest pursuing a “mass tort” action.
Mass tort litigation is somewhat similar to class action, but has important differences that make it appropriate when the victims have varying severity of injuries. This may occur in a plane crash, public transportation accident, defective product actions, and incidents involving medical devices or equipment.
What Are the Benefits of a Class Action Lawsuit?
There are a few reasons injured parties might opt to file a class action lawsuit instead of an individual case against the at-fault party. These include:
Victims Have Minor Injuries
In some cases, the victims of a defective product or fraudulent scheme did not suffer serious damages. In a case where the victim might expect to recover hundreds of thousands of dollars, it is worth it to have an attorney fully investigate the case and file individually, if necessary.
If the value of a claimant’s damages is only a few hundred dollars (or even less), though, litigation does not make sense. A class action lawsuit allows victims to hold the responsible party liable, despite only suffering minor injuries.
It Makes the Process Easier and More Affordable
When you participate in a class action suit, you consolidate attorneys, investigation, collection of evidence, interviewing witnesses, and almost every other aspect of the case. This streamlines the process, and drastically reduces costs for most members of the class. Unlike an individual case, most people do not need to go to court to opt into a class.
There Are Too Many Individual Lawsuits
There is a limit to how much money a corporation has, and how much time the courts have. This is true for even the largest multi-national company. If enough individuals file a lawsuit against the company, it eventually becomes difficult or impossible to recover any more compensation for the damages done. By grouping all the victims into a court-approved class, it allows everyone affected to receive compensation for their damages.
What Do I Need to Know About the Class Action Process?
In a class action lawsuit, the court uses a single case, or a small group of cases, to determine how the rest of the cases might turn out. This is known as a bellwether trial. Then, everyone affected receives notification and can participate in the class action or opt out.
The judge hears the case that serves as the class representative, and hands down the court’s decision. The judge may dismiss the suit if he agrees with the defendant, which keeps the entire class who opted in from pursuing an individual claim. If the judge sides with the victims, however, he determines an award amount which the plaintiffs’ attorney must distribute among all those who opted in.
Should I Call a Class Action Lawsuit Attorney About My Case?
Most attorneys do not handle class action lawsuits. Class action attorneys have special training and knowledge to navigate the complex class action and mass tort processes. This type of litigation requires a large amount of tedious work, and getting the right attorney on your side is key. Gacovino, Lake & Associates, P.C. is ready to go to work for you.
If you believe you suffered injuries or financial damages and there are probably other victims out there, give us a call today. We have the skills and resources you need to represent you in a class action lawsuit or mass tort litigation. Call 631-600-0000 today for your complimentary consultation.
What Is a Statute of Limitations?
In civil matters, a statute of limitations is a type of law that establishes how long after an event an injured party has to file a lawsuit or bring a civil action. Once the statute of limitations runs out, you have no legal right to seek compensation. In New York, this period ranges generally from one to six years from the date the incident occurs or, in some cases, from the date the victim discovers the injury.
For criminal offenses, a statute of limitations establishes how long after the commission of a crime the prosecutor can press charges. For many lesser offenses, the New York statute of limitations ranges from three to six years. For capital crimes, such as murder, New York has no statute of limitations.
The personal injury attorneys at Gacovino, Lake & Associates, P.C., can help you pursue your case before the statute of limitations runs out. Call our office today at 631-600-0000 for a free case evaluation.
How Do Statutes of Limitations Affect a Personal Injury Case?
Victims of a personal injury, such as medical malpractice, defective medical devices, dangerous drugs, or defective product accidents, do not have an open-ended opportunity to seek remedy through the court system. Instead, victims must pursue any legal action through the court system within the statute of limitations for the specific wrong.
If you attempt to file a lawsuit after the statutory period expires, the defendant can petition the court to dismiss the case. They are likely to succeed, since your allowable time period to file a legal complaint with the court has expired.
Although the point of implementing statutory limitations is to help discourage the filing of fraudulent and frivolous court actions, these laws can sometimes harm or discriminate against an individual who sustained an injury due to the negligence of another person or an entity.
If the victim did not know they sustained harm until after the statute of limitations expires, they may be unable to hold the at-fault party responsible.
If you are currently negotiating with an insurance company for an out-of-court settlement, keep the statute of limitations in mind. If the time limit approaches expiry and you still have no settlement, you may need a lawyer to file a lawsuit to protect your legal right to pursue fair compensation.
What Are the New York Statutes of Limitations?
New York’s statutes of limitations vary based on the type of case in question. However, most are at least one year. Some common personal injury accidents we see include the following time limits:
- After a car accident, you have three years from the date of the crash to file suit;
- If someone’s negligence caused you emotional distress, you have three years from the date it occurred;
- In a medical malpractice case, you must file suit within two-and-a-half years of the treatment;
- In a product liability case, you have three years from the date your injury occurred;
- You must file suit in a slip and fall case within three years of the accident; and
- You have two years from the date of death to file a wrongful death
New York imposes no statutory limitations on criminal offenses including murder, some instances of arson, and any crime that warrants Class A felony charges.
What If the Statute of Limitations Runs Out?
Once the statute of limitations runs out, the victim of a civil wrong—or a tort—is time-barred from seeking legal reparation.
If you file a civil action after the time limit has expired, the court will likely grant a dismissal of the case. Once the court dismisses your case, you will lose the legal right to pursue any further remedy.
Are There Exceptions to a Statute of Limitations?
New York law does make three notable exceptions to the limitation statues.
Government
If you suffered any type of injury or damage due to a town, village, city, county, or state government agency, you only have 90 days to serve that entity with legal notice of your intent to sue. Once you provide notification, you have another 12 months to file legal action. However, the entity has 30 days from the date of notice to respond to you and possibly attempt to settle the matter.
Minors
If the victim is a minor, the applicable statute of limitations period does not begin until the minor turns 18.
Latent Conditions
If you can legally demonstrate that your situation warrants a deadline extension—known as tolling—you may have a longer period to pursue a claim. For example, this exception may apply if a harmful side effect of a dangerous drug does not manifest for a number of years.
Can a Lawyer Help Me Resolve My Case Before the Statute of Limitations Runs Out?
If you or a loved one experienced a personal injury, damages, or wrongful death due to negligence, a lawyer can help you recover compensation before the statute of limitations expires for your case. The personal injury lawyers of Gacovino, Lake & Associates, P.C., can help you pursue your claim through whatever legal avenues necessary. To schedule a free consultation, contact us today at 631-600-0000.
What Is Mesothelioma and How Did I Get It?
Mesothelioma is an incurable and relatively aggressive type of cancer that typically affects the lining of the lungs. Mesothelioma is almost always caused by asbestos exposure, although this exposure could occur several decades before your diagnosis.
Before we fully understood the dangers of asbestos, manufacturers used it in thousands of consumer products including tile and insulation, roofing materials and household goods. Over time, these products aged and began to break down, releasing millions of microscopic fibers that, when inhaled or swallowed, embedded in your lung tissue and eventually caused cancer.
About Mesothelioma
Mesothelioma can sometimes take several decades to develop and become symptomatic. The symptoms often resemble a cold or allergies at first, and many people simply shrug it off as no big deal. However, early detection plays an important role if one is to survive this type of aggressive cancer. According to the National Cancer Institute, most people die within two years of receiving their diagnosis, and 90 percent do not survive five years. Early detection can extend this time, especially if surgery is possible to treat your cancer.
The extremely long latency period between exposure and diagnosis makes it difficult to link the cancer with your exposure. Worker cases are generally easy to link; this is because workers handled the asbestos materials all the time and had near-constant exposure. Most people who develop mesothelioma were young, blue collar workers when they worked with or handled the asbestos, but the average age of diagnosis is 69, according to the National Cancer Institute.
While the most common mesothelioma affects the lining of the lungs, the pleural, there are two others:
- Peritoneal Mesothelioma: Airborne asbestos fibers embed themselves in the abdomen and cause cancer here.
- Pericardial Mesothelioma: Airborne asbestos fibers embed themselves in the heart and cause cancer here.
All three types of mesothelioma are almost exclusively linked to asbestos exposure.
Treatment for all three types of mesothelioma typically involve surgery, radiation, and chemotherapy. There are also clinical trials available for patients who do not respond to more traditional treatments. Some diagnosed with Stage III or IV opt for palliative care instead of facing months of treatment that may not extend their life more than a few weeks.
About Asbestos
Builders and manufacturers used asbestos in a number of household products beginning in the 1860s until the late 1970s and early 1980s. This white, fibrous mineral is an excellent insulator, and could withstand temperature changes and even high amounts of electricity. Some of the most common asbestos-containing products included:
- Brake and clutch pads;
- Cements and spackle;
- Fireproof materials;
- Tiles;
- Insulation;
- Paints and spackles;
- Pipes and pipe insulation;
- Plastics;
- Roofing;
Many people who develop mesothelioma worked in an industry where they came in contact with these products regularly, or handled asbestos materials daily. This includes builders, contractors, painters, and a number of other blue collar workers. Some people also suffer from mesothelioma after second hand exposure, such as a wife who handled her husband’s work clothing, or a family who shared the same car regularly.
Collecting Compensation For Your Losses
You likely have a case against the manufacturer of the asbestos products that caused your cancer. There are several legal options for those who developed mesothelioma because of asbestos exposure. To pursue any of these options, we will need to identify when and where you inhaled the asbestos. We also need to work quickly, because some states give you as little as a year after diagnosis to file litigation to collect the money owed to you.
To collect compensation, whether through a lawsuit against the company or from an asbestos trust fund established by a now-defunct manufacturer, we need to tie your mesothelioma to your asbestos exposure, and identify the liable party. This sometimes requires locating records from forty years ago — or more.
If we can document your exposure and prove liability, we can request compensation to cover a wide range of losses for you. This may include:
- The cost of medical treatment
- Lost wages
- Other illness-related expenses
- Pain and suffering
In addition to filing a claim based on your illness, we also accept claims from the family members of someone who already lost their life to mesothelioma. We can file a wrongful death case on their behalf, and collect many of the same damages.
Talk to a Mesothelioma and Asbestos Lawyer
At Gacovino, Lake & Associates, P.C., our attorneys understand that you need compensation to help pay your medical bills and other costs related to your cancer treatment. We fight to help you recover the money you deserve, either through a lawsuit against the company or applying for money from one of the asbestos funds set up by bankrupt asbestos companies. Call us today at 800-550-0000 and schedule a time to discuss your case with one of our mesothelioma lawyers.
