Class Actions vs. Individual Lawsuits
When people think of asbestos lawsuits, they often imagine massive class action suits with thousands of plaintiffs. While class actions were common in early asbestos litigation, today's mesothelioma cases are almost exclusively individual lawsuits—and for good reason.
A class action combines many plaintiffs into one case, with damages split among them. An individual lawsuit focuses entirely on your specific circumstances, exposure history, and damages. For mesothelioma patients, the difference in compensation can be dramatic.
Key Takeaway
Individual mesothelioma lawsuits typically recover 20-50x more compensation than class action settlements. Most experienced mesothelioma attorneys recommend individual suits for this reason.
Side-by-Side Comparison
| Factor | Class Action | Individual Lawsuit | Advantage |
|---|---|---|---|
| Average Compensation | $5,000 - $50,000 per plaintiff | $1M - $2.4M per plaintiff | Individual |
| Case Duration | 3-7 years typically | 12-18 months typically | Individual |
| Legal Fees | 20-33% of recovery | 25-40% of recovery | Similar |
| Individual Attention | Minimal - one of many | Full attention to your case | Individual |
| Control Over Case | Little to no control | Full control over decisions | Individual |
| Evidence Requirements | Grouped with similar claims | Specific to your exposure | Individual |
Why Individual Lawsuits Are Better for Mesothelioma
Higher Compensation
Individual lawsuits consider your specific damages—medical costs, lost income, pain and suffering—resulting in compensation tailored to your actual losses.
Expedited Treatment
Courts often fast-track mesothelioma cases due to the serious nature of the diagnosis. Class actions don't receive this expedited treatment.
Specific Evidence
Your attorney builds a case around your specific exposure history, identifying every company responsible and maximizing defendants.
Multiple Recovery Sources
Individual suits can be combined with trust fund claims, VA benefits, and workers' comp—strategies not available in class actions.
Personalized Strategy
Your legal team chooses the best jurisdiction, identifies optimal defendants, and develops strategy specific to your circumstances.
When Class Actions Might Make Sense
While individual lawsuits are typically better for mesothelioma, there are rare situations where class actions or mass torts may apply:
- Environmental exposure cases: Where an entire community was exposed to the same source
- Product-specific cases: Such as the talcum powder litigation against Johnson & Johnson
- Small claims: Where individual damages are too small to justify separate lawsuits
Even in these situations, mesothelioma patients often opt out of class actions to pursue higher individual compensation. Courts typically allow this option.
Multidistrict Litigation (MDL)
There's a middle ground between class actions and fully individual cases: Multidistrict Litigation (MDL). In an MDL:
How MDL Works
- Similar cases are consolidated before one federal judge for pretrial proceedings
- Discovery and motions are handled more efficiently
- Each case retains its individual identity and settlement potential
- Cases can be sent back to original courts for trial if not settled
MDL offers some efficiency benefits of class actions while preserving the higher compensation potential of individual cases. Many asbestos cases are handled through MDL proceedings.
Frequently Asked Questions
Are there any active mesothelioma class actions I can join?
True class actions for mesothelioma are rare today. Most cases proceed as individual lawsuits or through MDL. If you've been contacted about a class action, carefully compare the potential recovery to what an individual lawsuit might achieve.
Can I opt out of a class action to file individually?
Usually yes. Class action settlements typically include an opt-out provision that allows you to pursue your own lawsuit. Given the significant compensation difference, many mesothelioma patients choose to opt out.
Why were class actions more common in the past?
Early asbestos litigation in the 1970s-80s involved many plaintiffs with less severe asbestos diseases. As understanding evolved, courts recognized that mesothelioma cases deserved individual treatment due to the disease's severity and varying circumstances.
What about the talcum powder class actions?
Johnson & Johnson talcum powder litigation includes both class actions and individual cases. Mesothelioma patients in this litigation often achieve better results through individual suits, though the company has attempted various class action settlements.
Does filing individually take more of my time?
Not significantly. Your attorney handles most aspects of the case. You'll need to provide information about your exposure and medical history, but this is similar to what a class action would require. The main difference is in compensation, not your time commitment.
Get a Free Case Evaluation
Most mesothelioma attorneys will evaluate your case at no cost and recommend the best approach—whether individual lawsuit, trust fund claims, or other options.
Find a Mesothelioma AttorneyThis information is for educational purposes only and should not be considered legal advice. Every case is different. Consult with a qualified attorney to understand your specific legal options.