Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs are seeking individual lawsuits, rather than an action in a group. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.

Scientists have proven that asbestos exposure can cause lung disease and damage. Because mesothelioma sufferers have a latency period of 40-50 years, it could take long for patients to develop the disease.

The History of Asbestos Litigation

Asbestos lawsuits are the longest-running mass torts in U.S. history. It was not until the 1970s that federal and state courts began taking asbestos cases into consideration, following medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and other illnesses like asbestosis, pleural thickening, and pleural plaques.

Many companies that mined, made and sold asbestos products were aware of the dangers, but omitted or downplayed these risks. In the end, a number of asbestos-related companies were forced to close due to lawsuits brought by the families of victims. The majority of the companies that filed for bankruptcy set asbestos trust funds to compensate victims.

While the vast majority of asbestos-related claims are settled out of court, a small percentage of cases are brought to trial. If this happens judges are usually skeptical of the defense and may award substantial verdicts for victims. Asbestos lawyers have been able to successfully move thousands of cases through the court process and secured significant verdicts on behalf of mesothelioma patients.

However, the complexities of a case involving asbestos can make it difficult to win. In a lawsuit involving asbestos, plaintiffs must prove their illness is caused directly by a company's exposure to asbestos, a dangerous substance. This requires a database that links workers, their workplaces, their employers, the products they used, and their suppliers and vendors. This process could take several years, especially if the victim's employment history is complicated. Interviewing family members and coworkers Abatement employees, suppliers, and other people who might be responsible could be required.

The evidence in an asbestos-related case requires expert witness testimony to back claims of asbestos-related illness. 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 is a difficult disease to diagnose.

The defendants may also try to discredit experts by attacking their backgrounds or professional qualifications. In recent time defendants have challenged the scientific consensus that mesothelioma is caused due to asbestos litigation defense (home-page).

The First Case

Asbestos claims differ from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, a rare condition or other asbestos-related illnesses. These injuries typically result from exposure to asbestos at specific work sites, such as power stations, shipyards and construction projects.

In contrast to other types of civil litigation asbestos lawsuits are filed on a group-wide basis rather than separately. This permits the victims and their families to file a single complaint against multiple defendants and receive compensation from multiple sources of money, resulting 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 after inhaling asbestos particles emitted during the construction of ships at Harland and Asbestos Litigation Defense Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.

Another early case was filed by an employee at the dock who contracted mesothelioma after exposure to asbestos emissions from the factories where the worker worked. The widow of the victim filed an action against five companies, including Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and Asbestos Litigation Defense other industrial processes.

The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The ruling increased the number of asbestos-related claims. It also put latest asbestos litigation manufacturers on notice that they might face litigation over their products.

Lawyers representing a plaintiff in a lawsuit that involves asbestos must understand the complex chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis, as in identifying the potential defendants. It is also important to ensure that the lawsuit is in line with state and federal laws that are relevant to asbestos litigation. This includes those which govern asbestos disclosure procedures.

The most important step is to locate an attorney with expertise in mesothelioma. A reliable law firm will provide an initial consultation for free and will review the client's asbestos-related medical records to determine eligibility for an asbestos lawsuit.

The Second Case

Asbestos victims have received significant awards at court. These awards are usually greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for various reasons including the physical and psychological damages caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer lung diseases and lung damage as compared to those who do not work with it.

As a result, many law firms with a wealth of experience in asbestos litigation group litigation filed a significant number of mesothelioma lawsuits. It was a method to be recognized and earn money. This method was not helpful for mesothelioma patients. These companies took on more cases than they were able to handle and didn't provide the medical assistance and representation mesothelioma sufferers deserve.

The defendants and insurers employed other strategies to stop asbestos claims. For instance the insurance industry claimed that asbestos sufferers must be required to prove that the particular asbestos they were exposed to caused for their condition. This was a direct assault on the concept of joint-and-several liability, which permits the plaintiff to be held accountable for all damages resulting from exposure to asbestos by multiple defendants.

Mesothelioma patients and their attorneys were strongly opposed to this method. They argued that it was unfair to insist that asbestos victims to prove the root cause for their illness before they could claim damages. This could also deter victims from bringing lawsuits against reputable law offices and make them accept less than what their case is worth.

In the final decision, the House of Lords sided with the victims, and dismissed the arguments of insurers. This ruling did not impact the large sums of money that insurance companies pay to asbestos victims. This is why it is important to choose an asbestos compensation law firm that is known for its skill and expertise. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also responsible in 1972 for bringing before the court the first asbestos compensation case that was successful.

The Third Case

In contrast to most toxic tort lawsuits, asbestos cases involve very serious injuries to people whose lives were irrevocably changed through exposure to a fatal carcinogen. Mesothelioma is a type of cancer that affects the tissues surrounding internal organs such as the lung. The cancer can also spread to the abdominal cavity, chest wall as well as the brain and heart. Since the disease can take decades to manifest, patients are often faced in the knowledge that their condition is end-of-life. Asbestos has led to financial hardship for many asbestos sufferers who have required the sale of their homes, pay medical bills, and make other expensive changes to their lives.

In recent years, however numerous families of mesothelioma sufferers have taken to suing the manufacturers and suppliers of asbestos products. The law permits compensation to be sought even if the company has filed for bankruptcy.

After paying billions of dollars in settlements to asbestos victims, a number of these businesses were forced to close or close. But there are still plenty of plaintiffs who want to sue those who remain. In fact the number of new asbestos lawsuits has increased.

Some of these cases are being manipulated to benefit specific lawyers and their clients. A New York City judge recently reversed a policy that had been in place for a long time against punitive damages in relation to mesothelioma cases. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.

While this was only one instance, it has attracted the attention of a lot of observers. Many believe this case is an indicator of the shady practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial lawyers and politicians. This could help bring some balance to the system.

You should seek legal counsel immediately if you've been diagnosed with mesothelioma or any other asbestos-related disease. The most reputable mesothelioma lawyers will give you a no-cost consultation to talk about your case and determine the best path to take. Asbestos claims can take months to be processed, so you require an attorney who is knowledgeable about the complexities and how to get results.