Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs would prefer to pursue individual lawsuits rather than group actions. Individual lawsuits can provide greater compensation for mesothelioma or other asbestos-related injuries.
Scientists have proven that exposure to asbestos causes lung damage and disease. It can take many years for mesothelioma victims to develop the disease due to its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos lawsuits are the longest running mass tort in U.S. history. It was not until the 1970s that state and federal courts began investigating asbestos cases, following medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening and plaques in the pleura.
Many companies that mined asbestos, manufactured asbestos-based products, and sold them knew the dangers but ignored or minimized the dangers. In the end, a number of asbestos companies filed for bankruptcy under the weight of lawsuits filed by victims and their families. The majority of the companies that filed for bankruptcy set up asbestos trust funds to pay victims.
Although the vast majority of asbestos-related claims settle out of court, a tiny amount of cases go to trial. 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 sufferers.
However, the complexities of an asbestos lawsuit can make it difficult to be successful. In an asbestos case, plaintiffs have to prove that their condition was directly triggered through exposure to asbestos by the company. This requires a comprehensive database that includes the names of workers, their workplaces, their employer's names, the products they used, suppliers and vendors. The process of constructing this information can take years particularly if the victim's history of work is complicated. Interviewing family members, coworkers Abatement employees suppliers, as well as other parties that might be responsible could be required.
Expert witness testimony is also required to support claims that asbestos-related diseases have occurred. These expert witnesses are often doctors who have been trained in the diagnosis and pathology of asbestos-related illnesses, and have reviewed a patient's medical records. This is especially crucial in cases of mesothelioma, which can be difficult to detect.
Defendants may also attempt to discredit experts by attacking their background or their professional qualifications. This is a troubling trend that has been noticed in recent years, as defendants are increasingly challenging the global scientific consensus that asbestos is the cause of mesothelioma and other diseases.
The First Case
Asbestos lawsuits are distinct from other personal injury claims. Asbestos fibers inhalation can cause a rare disease called mesothelioma or other asbestos-related illnesses. These injuries usually result by exposure to asbestos at certain work sites, such as shipyards, power stations and construction projects.
Asbestos lawsuits are filed in a group-wide manner, not individually. This allows victims and their families to file a single suit against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal fees.
The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on the deck of a British ship. The victim developed mesothelioma as a result of asbestos particles inhaled during the construction of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients such as the Royal Navy.
Another early case was filed by an employee at the dock who contracted mesothelioma as a result of exposure to asbestos emitted from the factories in which he worked. The widow of the victim filed an action against five companies which included Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. litigation report asbestos increased the volume of asbestos-related claims. It also put asbestos manufacturers on notice that they could face litigation over their products.
Lawyers representing plaintiffs in a suit involving asbestos must comprehend the intricate chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses, and identifying potential defendants. It is also essential to ensure that the lawsuit is in compliance with the federal and state laws that are relevant to asbestos litigation. This includes the laws that regulate asbestos disclosure procedures.
One of the most crucial steps is choosing an attorney that specializes in mesothelioma cases. A reputable law firm will offer a no-cost consultation and review the client's medical records relating to asbestos in order to determine if they are eligible for a lawsuit against asbestos.
The Second Case
Asbestos sufferers have won significant awards in court, and these are often higher than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for various reasons including the psychological and physical harm caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer from lung diseases and lung damage than those who do not work with it.
As such, a number of law firms with years of experience in asbestos litigation filed huge mesothelioma lawsuits. It was a method to gain recognition and make money. However, this approach did not work for mesothelioma sufferers well. Many of these firms took on more cases than they could handle, and didn't offer the necessary medical support or representation that mesothelioma patients deserve.
Insurance companies and defendants have also used other tactics to combat asbestos claims. Insurance companies, for instance, believed that asbestos victims must show that the asbestos to which they were exposed to was the cause for their condition. This was an attack on the concept of joint and multiple liability, which allows one plaintiff to be held liable for all damages that result from exposure to asbestos caused by multiple defendants.
Mesothelioma patients and their attorneys were adamantly opposed to this method. They argued that it was unfair to require asbestos sufferers to prove the root cause for their illness before they could recover damages. In addition, it would hinder victims from filing claims with legal firms that are reputable and make them settle their case with less than what they are entitled to.
The House of Lords ultimately sided with the victims and rejected arguments of insurers. The ruling did not affect the large sums of money that insurance companies pay to asbestos victims. This is why it is crucial to choose an asbestos compensation law firm that is well-known for its skill and expertise. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We also played a role in the first asbestos compensation case to court in 1972.
The Third Case
In contrast to most toxic tort lawsuits, asbestos cases can result in extremely serious injuries to those whose lives were irrevocably changed by exposure to a deadly carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lung. The cancer may also expand to the abdominal cavity and chest wall, heart and the brain. The disease can take a long time to manifest and victims are often forced to live with the knowledge of their degenerative condition. Many of those who have been affected by asbestos have experienced many financial hardship, as they have been forced to sell their homes and medical bills and make other expensive adjustments to their lives.
In recent years, however many families of mesothelioma victims have resorted to suing suppliers and manufacturers of asbestos products. This is due to the fact that the law allows people to seek compensation for damages even after their companies have filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, many of these companies were forced to shut down or shut down. There are still many plaintiffs who want to pursue the remaining companies. The number of asbestos lawsuits has actually increased.
Certain cases are being used to benefit specific lawyers and their clients. For instance a judge in New York City recently made a ruling that reversed an old policy of not allowing mesothelioma lawsuits involving punitive damages. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma victims.
Although this was a single instance, it has attracted the attention of a lot of observers. Many believe that the case is an indication of the deceitful tactics that have become common in asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial lawyers and politicians. This could help create some balance in the system.
You should seek legal counsel immediately if you have been diagnosed with mesothelioma or another asbestos-related disease. The top mesothelioma attorneys will offer you a free consultation to discuss your case and determine the best path to take. Asbestos claims can take months to process, so you need a lawyer who understands the complexities of the case and the best ways to achieve results.