Asbestos Litigation Cases - Individual Versus Class Action

In some instances plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma.

Scientists have proven that exposure to asbestos can lead to lung diseases and damage. Since mesothelioma is a disease with a latency time of 40-50 years, it can take long for patients to develop the illness.

The History of Asbestos Litigation

Asbestos suits are among the longest-running mass torts in U.S. History. Federal and state courts first began to handle asbestos cases in the 1970s, when medical research linked asbestos exposure to illnesses like mesothelioma or lung cancer.

Many companies that mined, produced and supplied asbestos products knew of the dangers, but omitted or hid from these risks. As a result, numerous asbestos-related companies were forced to close due to lawsuits brought by victims and their families. The majority of companies that declared bankruptcy had asbestos trust funds to pay compensation to the victims.

A few asbestos-related cases are heard. In these instances, judges tend to be skeptical of defendants' arguments. They often give large verdicts to victims. Asbestos attorneys have successfully moved thousands of cases through the court process and obtained significant verdicts for mesothelioma patients.

The complexity of an asbestos law & litigation case can be difficult to win. In an asbestos-related case plaintiffs must prove that their illness was directly triggered through exposure to asbestos by the company. This is a requirement for a database that ties workers, their work sites, their employers, the products they used and their suppliers and vendors. This process can take many years, especially if the victim's work history is complex. Interviewing family members and coworkers, abatement employees suppliers, and other people who could be accountable may be required.

Expert witness testimony is also required to prove that asbestos-related illnesses have been a factor. These experts are usually doctors who have been trained in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of a patient. This is particularly important in mesothelioma-related cases, as the disease is often difficult to identify.

Defendants can also try to discredit experts by pointing out their qualifications or background. This is a troubling pattern that has been seen in recent years, as defendants are increasingly challenging global scientific consensus that asbestos is the cause of mesothelioma and other illnesses.

The First Case

Asbestos lawsuits differ from other personal injury claims. The lawsuits involve an uncommon disease that's caused by breathing in tiny fibers, and later developing mesothelioma or a different asbestos-related disease. These injuries typically result by exposure to asbestos at specific work sites, such as power stations, shipyards, and construction projects.

Unlike some other types of civil litigation asbestos lawsuits are filed on a class-wide basis, rather than separately. This allows the victims and their families to file a single suit against multiple defendants and receive compensation from several sources of funds, resulting in lower legal costs.

The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on a British ship. The victim developed mesothelioma as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients such as the Royal Navy.

A dock worker filed a case in the early 1990s, after suffering from mesothelioma after exposure to asbestos emitted by the factories in which he worked. The victim's wife filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil rigs, industrial processes, and other industrial processes.

Other cases followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries suffered by workers (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were warned that they could face litigation for their products.

Lawyers representing a plaintiff in a lawsuit that involves asbestos must be aware of the complicated chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as well in identifying the potential defendants. It also requires making sure that the lawsuit is in compliance with the state laws and federal regulations that govern asbestos litigation, including the ones that govern asbestos discovery procedures.

One of the most crucial actions is choosing an attorney who is specialized in mesothelioma cases. A reputable law firm will offer a no-cost consultation and will review the client's medical records relating to asbestos in order to determine if they are eligible for latest Asbestos litigation a lawsuit against asbestos law and litigation.

The Second Case

Asbestos victims have received significant settlements in court. These awards are typically higher 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 proven that asbestos workers are more likely to develop lung disease and lung damage than those who do not work with asbestos.

As a result, many law firms with a wealth of experience in asbestos litigation filed a large number of mesothelioma lawsuits. This was a method for firms to earn money and be recognized for their expertise. However, this approach did not serve mesothelioma sufferers well. Many of these firms took on more cases than they could handle, and did not provide the necessary medical support or representation that mesothelioma patients need.

The defendants and insurers employed other strategies to stop asbestos claims. For example the insurance industry claimed that asbestos sufferers must be required to prove that the specific asbestos class action litigation they were exposed to was the cause for their condition. This was an attack on the principle of joint and several liability, which allows one plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients and their lawyers were adamantly opposed to this method. They claimed that it was unfair to require asbestos victims to prove the exact reason for their illness before they could recover damages. Additionally, it would discourage people from filing claims with reliable law firms and could make them settle their cases at a lower price than they should.

The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the large sums of money paid to asbestos victims by the insurance industry. It is important to choose an asbestos compensation company with a good reputation for expertise and skill. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also responsible for the first ever successful asbestos compensation claim to the court in 1972.

The Third Case

In contrast to most toxic tort lawsuits, asbestos cases result in extremely serious injuries to those who's lives were permanently altered due to exposure to a dangerous carcinogen. Mesothelioma is a type of cancer that affects tissues surrounding internal organs such as the lungs. The cancer may also be spread to the abdominal cavity as well as the chest wall, heart and even the brain. Because the disease can take decades to manifest, sufferers must often live knowing that their condition is fatal. Many of those who have been affected by asbestos have endured a great deal of financial hardship since they were forced to sell homes, pay medical bills, and make other costly adjustments to their lives.

In recent years however numerous families have filed lawsuits against latest Asbestos Litigation product manufacturers and suppliers. This is due to the fact that the law allows individuals 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 businesses were forced to close or shut down. But there are still plenty of plaintiffs who want to sue the remaining companies. The number of asbestos claims has actually increased.

Certain cases have been manipulated by certain lawyers to benefit their clients. A New York City judge recently reversed a policy that was in effect for a long time against punitive damages related to mesothelioma cases. This was at the request of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma sufferers.

While this was only one case, it has drawn the attention of a lot of observers. Many people believe the case is an indicator of the fraudulent tactics that have become common in many asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the connections between trial lawyers and politicians, which could help bring some balance back to the system.

You should seek legal representation immediately if you've been diagnosed with mesothelioma or another asbestos-related disease. The top mesothelioma attorneys will offer you a free consultation to talk about your case and determine the best path to take. The process of filing an asbestos claim can take a few months, which is why it is crucial to engage an attorney who is familiar with the complexities involved and knows how to achieve results.