Asbestos Litigation Cases - Individual Versus Class Action

In some instances plaintiffs are pursuing individual lawsuits instead of a class action. Individual lawsuits could provide greater compensation for Asbestos Law & Litigation injuries resulting from asbestos and mesothelioma.

Researchers have discovered that exposure to asbestos causes lung damage and disease. It can take several years for mesothelioma sufferers to develop the disease because of its 40-50 year latency time.

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, when medical research linked Asbestos Law & Litigation exposure to illnesses like mesothelioma or lung cancer.

Many companies that mined asbestos, made asbestos products, and then sold asbestos products knew about the dangers but downplayed or ignored them. In the end, a number of asbestos companies went bankrupt under the weight of lawsuits filed by the families of victims. The majority of the companies that filed for bankruptcy set asbestos trust funds to pay victims.

While the majority of asbestos-related claims are settled out of court, a tiny percentage of cases are brought to trial. In these cases judges are generally skeptical of defenses and may award substantial verdicts for victims. Asbestos lawyers have been able to successfully move thousands of cases through the court system and have secured significant verdicts for mesothelioma sufferers.

However, the complexities of a case involving asbestos can make it difficult to win. In an asbestos-related case, plaintiffs have to prove that their condition was directly caused by the company's exposure. This requires a complete database that includes the names of workers, their work sites, their employer's names, the products they used, suppliers and vendors. This can take many years, particularly if the victim's employment history is complicated. Interviewing family members, coworkers as well as abatement employees suppliers, as well as other people who could be accountable may be required.

Expert witness testimony is also needed to support claims that asbestos-related illnesses have been a factor. Expert witnesses are typically physicians who have received training in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of a patient. This is particularly important in mesothelioma cases where the disease is often difficult to diagnose.

Defense lawyers can also attempt to discredit experts through their qualifications or background. In recent years defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims differ from other personal injury claims. Inhaling asbestos fibers can cause a rare disease called mesothelioma or other asbestos-related illnesses. These kinds of injuries are usually caused by exposure at certain workplaces, including power plants, shipyards and construction projects.

Contrary to other forms of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than separately. This permits victims to file an action against several defendants, and receive compensation from various sources.

A man who was exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim was diagnosed with mesothelioma following breathing asbestos particles that were released when constructing vessels at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients.

Another early case was filed by an employee at the dock who contracted mesothelioma as a result of exposure to asbestos from the factories in which he worked. The widow of the victim filed a lawsuit against five companies which included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs as well as other industrial processes.

Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible (Borel v. Fibreboard) for asbestos litigation Defense any injuries to workers. The decision increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were warned that they could be sued for their products.

Lawyers representing plaintiffs in a suit involving asbestos must understand the complex chain of exposure. This involves establishing the victim's exposure as well as mesothelioma diagnosis as well as identifying potential defendants. It is also crucial to ensure that the lawsuit is compliant with the federal and state laws that are relevant to asbestos litigation. This includes those that govern 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 free consultation and review the client's asbestos-related medical records to determine if they are eligible for an asbestos litigation paralegal lawsuit.

The Second Case

Asbestos sufferers have gotten significant settlements in court. These awards are typically more than the settlements provided by mesothelioma or asbestos trust funds. Asbestos victims have been awarded compensation for a variety of reasons, including physical and psychological injuries caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to have lung damage and disease than those who did not work with asbestos.

This is why a number of law firms that had extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This was a method for firms to earn a profit and gain recognition for their skills. This approach was not beneficial for mesothelioma patients. The firms were able to take on more cases than they were able to handle and did not offer the medical support and representation that mesothelioma sufferers need.

The defendants and insurance companies have also used other tactics to stop asbestos claims. Insurance companies, for instance, argued that asbestos victims should be required to prove that the asbestos they were exposed to was the cause for their condition. This was a direct assault on the concept of joint-and-several liability, which allows a plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients and their attorneys were vehemently opposed to this method. They argued that it was unfair to require asbestos victims to prove the exact cause for their illness before they could claim damages. Additionally, it could discourage victims from filing claims with reliable law firms and could make them settle their case for less than they deserve.

The House of Lords ultimately sided with victims and rejected the arguments of the insurers. The decision did not affect the large sums of money that insurance companies pay to asbestos victims. It is important to choose an asbestos compensation company that is known for its competence and expertise. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also responsible in 1972 for bringing before the court the first asbestos compensation case that was successful.

The Third Case

Asbestos cases are different from most toxic tort suits because they involve serious injuries that have permanently changed the lives of those who were exposed to a deadly carcinogen. Mesothelioma is a kind of cancer that affects the tissues surrounding internal organs, such as the lungs. The cancer may also spread to the abdominal cavity and chest wall, heart and even the brain. The disease can take years to manifest, and sufferers are often forced to endure the knowledge of their death. Many of those who have been affected by asbestos have endured a great deal of financial burdens, Asbestos law & Litigation because they've been forced to sell homes and pay medical bills and make other costly changes to their lives.

In recent years, however numerous families of mesothelioma sufferers have decided to sue manufacturers and suppliers of asbestos products. This is due to the fact that the law allows people to seek compensation for damages even after their businesses have filed for bankruptcy.

After paying billions of dollars in settlements to asbestos victims, many of these companies were forced to retire or shut down. But there are still plenty of plaintiffs who wish to sue those who remain. In fact, the number of new asbestos claims has increased.

Some of these cases have been manipulated by certain attorneys to gain their clients. For example a judge from New York City recently made an order that reverses the long-standing policy against punitive damages in 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 patients.

This was a single instance, but it drew the attention of many. Many believe that the case is an indicator of the deceitful tactics that have become common in a variety of asbestos lawsuits. The corruption scandal that surrounded the former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial lawyers and politicians. This could help bring some stability to the system.

It is important to seek legal advice immediately if you've been diagnosed as having mesothelioma, or any other asbestos-related disease. The best mesothelioma lawyers will provide you with a no-cost consultation to discuss your situation and determine the best way to proceed. The process of filing an asbestos claim can take several months, therefore it is vital to choose an attorney who is familiar with the complexities involved and how to achieve results.