Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related injuries.

Scientists have proved that exposure to asbestos can cause lung damage and cause lung disease. Since mesothelioma is a disease with an estimated latency of 40-50 years, it may take long for patients to develop their illness.

The History of Asbestos Litigation

Asbestos suits are the longest-running mass torts in U.S. history. The federal and state courts first began to handle asbestos cases in the 1970s, after medical research connected asbestos exposure with diseases like mesothelioma and lung cancer.

Many companies that mined, manufactured and supplied asbestos products knew of the dangers, but ignored or downplayed these risks. As a result, numerous asbestos companies went bankrupt due to lawsuits brought by families of victims. The majority of the companies that declared bankruptcy set up asbestos trust funds in order to pay victims.

A few asbestos-related cases are tried. In these cases, judges tend to be skeptical of the defense arguments of the defendants. They will often award large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and secured significant verdicts on behalf of mesothelioma patients.

The complexity of an asbestos case makes it difficult to win. In a case involving asbestos plaintiffs must demonstrate that their illness was directly caused by exposure to asbestos in the workplace. This requires a database that connects workers, their workplaces, their employers, the products they used and their suppliers and vendors. This can take many years, especially if the victim's work history is complex. It could involve interviews with coworkers, family members as well as abatement workers, suppliers, and other people who might be responsible.

The evidence in an asbestos case also requires expert witness testimony to support claims of asbestos-related illness. Often, asbestos litigation cases these expert witnesses are doctors who have been trained in the pathology of asbestos-related diseases and who have reviewed an individual's medical records. This is particularly important in mesothelioma cases, where the disease can be very difficult to detect.

Defense lawyers can also attempt to discredit experts by pointing out their credentials or background. In recent time, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims differ from other personal injury claims. The lawsuits concern a rare illness that's caused by inhaling the microfibers and then developing mesothelioma or a different asbestos-related disease. These types of injuries are often caused by exposure at certain job sites, including shipyards, power plants and construction projects.

Asbestos lawsuits are filed in a group-wide manner and not in a single instance. This allows victims to file a lawsuit against multiple defendants, and to receive compensation from a variety of sources.

The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos litigation cases while working on an British ship. The victim developed mesothelioma after inhaling asbestos-containing particles when constructing ships at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.

Another case was filed by a dock worker who developed mesothelioma as a result of exposure to asbestos emissions from the factories where the worker worked. The victim's wife filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both manufactured valves that contained asbestos for oil drilling rigs, industrial processes and other industrial processes.

Other cases followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible (Borel v. Fibreboard) for any injuries to workers. The decision led to an increase in asbestos-related lawsuits. As well, asbestos manufacturers were put on notice that they could face litigation for their products.

Lawyers representing the plaintiff in an asbestos lawsuit need to understand the complicated chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis as well as identifying potential defendants. It is also crucial to ensure that the lawsuit is in compliance with federal and state laws that relate to asbestos litigation. This includes laws which govern asbestos disclosure procedures.

One of the most crucial actions is choosing an attorney who is specialized in mesothelioma lawsuits. A reputable law office will provide a no-cost consultation and examine the client's medical records related to asbestos to determine whether they are eligible for a asbestos lawsuit.

The Second Case

Asbestos sufferers have gotten significant settlements in court. These awards are often more than the settlements provided by mesothelioma or asbestos trust funds. Asbestos victims have received compensation for a variety of reasons including psychological and physical damage caused by asbestos litigation group exposure. Researchers have found that those who worked with asbestos were more likely to have lung damage and disease than those who didn't work with asbestos exposure litigation.

As such, a number of law firms that had years of experience in asbestos litigation filed massive volumes of mesothelioma cases. It was a method to be recognized and earn money. This strategy was not beneficial to mesothelioma patients. Many of these companies took on more cases than they could handle and didn't provide the necessary medical support or representation that mesothelioma patients deserve.

The defendants and insurance companies have also employed other strategies to combat asbestos claims. For example, argued that asbestos victims must show that the asbestos to which they were exposed to was responsible for their illness. This was a direct challenge to the principle of joint and several liability, which permits one plaintiff to be held accountable for all damages resulting from exposure to asbestos caused by multiple defendants.

This strategy was met with a fierce restraining from mesothelioma sufferers as well as their lawyers, who argued that it would be unfair for asbestos victims to be required to prove the root of their illness in order to recover damages. Additionally, it could hinder people from filing claims with legal firms that are reputable and force them to settle their case for less than they deserve.

In the end the House of Lords sided with the victims, and rejected the arguments of insurers. However, this decision did not affect the large amounts of money that was given to asbestos victims by the insurance industry. This is why it is important to choose an asbestos compensation law firm that is renowned for its skill and expertise. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We also were responsible for the first asbestos compensation claim to court in 1972.

The Third Case

In contrast to most toxic tort lawsuits, asbestos cases can result in severe injuries to people who's lives were permanently altered through exposure to a fatal carcinogen. Mesothelioma is a cancer of the tissues around internal organs, like the lungs. The cancer can also expand to the abdominal cavity as well as the chest wall, heart, and even the brain. Since the disease can take years to manifest, sufferers are often faced knowing that their condition is end-of-life. Many who have been affected by asbestos have suffered an immense amount of financial hardship, as they have been forced to sell their homes, pay medical bills, and make other costly changes to their lives.

In recent times numerous families have filed lawsuits against asbestos-related companies and suppliers. This is because the law permits individuals to seek damages compensation even after their businesses have filed for bankruptcy.

After paying billions of dollars in settlements to asbestos victims, a lot of these businesses were forced to close or shut down. There are still a lot of plaintiffs who wish to bring legal action against the remaining companies. The number of asbestos-related lawsuits has actually increased.

Some of these cases are being manipulated to benefit certain attorneys and their clients. A New York City judge recently overturned a policy that was in effect for many years against punitive damages in relation to mesothelioma lawsuits. This was done on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma sufferers.

Although this was a single case, it has drawn the attention of a lot of observers. Many believe this case is an indication of the fraudulent practices that are typical in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver brought more attention to the connections between trial lawyers and politicians. This may help to create some balance in the system.

If you have been diagnosed with mesothelioma or an asbestos-related disease, there's no reason to delay seeking legal advice. The top mesothelioma attorneys will provide you with a no-cost consultation to discuss your situation and determine the best way to proceed. Asbestos claims can take months to process, so you require an attorney who knows the intricacies and the best ways to achieve results.