Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs are seeking individual lawsuits rather than a class action. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.

Scientists have proved that asbestos exposure can cause lung diseases and damage. It could take a long time for mesothelioma sufferers to develop the disease because of its 40-50 year latency period.

The History of Asbestos Litigation

Asbestos suits are among the longest-running mass torts in U.S. History. It was not until the 1970s that federal and state courts began processing asbestos cases, after medical research linked exposure to asbestos with various diseases, including mesothelioma and lung cancer, and other illnesses like asbestosis, pleural thickening, and pleural plaques.

Many companies that mined, produced and supplied asbestos-based products were aware of the dangers, but ignored or downplayed these dangers. As a result, numerous asbestos-related companies were forced to close under the weight of lawsuits brought by victims and their families. Most of the companies who filed for bankruptcy set up asbestos trust funds to pay compensation to victims.

While the majority of asbestos-related claims settle out of court, a small number of cases go to trial. When this happens judges are generally skeptical of the defense and will award large verdicts for victims. Asbestos lawyers have successfully moved thousands of cases through the court system and have secured significant verdicts for mesothelioma sufferers.

However, the complexity of an asbestos lawsuit can make it difficult to be successful. In an asbestos lawsuit plaintiffs must show that their illness is caused directly through exposure to the dangerous substance. This requires a database that links workers, their workplaces and employers, as well as the products they used, and their suppliers and vendors. The process of developing this information could take a long time particularly if the victim's employment history is complex. It may involve interviewing co-workers relatives and abatement workers, as well as suppliers, and other parties that could be involved in the case.

The evidence in an asbestos case requires expert witness testimony to back claims of asbestos-related illness. These experts are usually doctors who have completed training in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of a patient. This is especially crucial for mesothelioma cases, which is a difficult disease to detect.

Defendants can also try to discredit experts based on their qualifications or background. In recent times defendants have challenged the scientific consensus that mesothelioma is caused due to asbestos attorney.

The First Case

Asbestos cases are unique from other personal injury claims. The lawsuits involve a rare illness that's caused by breathing in the tiny fibers, and later developing mesothelioma or another asbestos-related disease. These injuries are often caused from exposure to asbestos at certain work sites, such as power stations, shipyards, and construction projects.

Unlike some other types of civil litigation asbestos lawsuits are filed on a group-wide basis rather than being filed individually. This allows the victims and their families to file a single lawsuit against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal fees.

The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim contracted mesothelioma from asbestos attorneys particles inhaled during the construction of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients, including 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 where he was employed. The victim's wife filed a suit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both made asbestos-containing valves for oil drilling rigs, industrial processes and other industrial processes.

The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries suffered by workers (Borel v. Fibreboard). The decision boosted the number of asbestos-related claims, putting asbestos manufacturers on notice that they could face litigation over their products.

Lawyers for the plaintiff in an asbestos lawsuit need to be aware of the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses and identifying potential defendants. It also requires making sure that the lawsuit is compliant with the state laws and federal regulations that govern asbestos litigation, such as the ones that govern asbestos discovery procedures.

The most important step is to locate an attorney with expertise in mesothelioma. A reputable law firm will offer a free consultation and review the medical records of the client that are related to asbestos to determine if they are eligible for an asbestos lawsuit.

The Second Case

Asbestos victims have received significant settlements in court. These awards are typically more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos victims have been awarded compensation for various reasons including psychological and physical damage caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer lung diseases and lung damage than those who don't work with it.

In the end, many law firms that had extensive experience in asbestos attorneys litigation filed a significant number of mesothelioma lawsuits. This allowed firms to earn money and be recognized for their skills. However, this strategy did not work for mesothelioma sufferers well. Many of these firms were able to handle more cases than they could handle, and didn't offer the proper medical support and representation that mesothelioma patients deserve.

The defendants and insurance companies have also used other tactics to combat asbestos claims. Insurance companies, for example, argued that asbestos victims should be required to prove that the asbestos they were exposed to was the cause for their illness. This was a direct attack on the principle of joint-and-several liability, which allows a plaintiff to be held responsible for all damages resulting from exposure to asbestos by multiple defendants.

Mesothelioma patients and their attorneys were adamantly against this strategy. They claimed that it was unfair to demand asbestos sufferers to prove the reason for their illness before they could claim damages. This could also deter victims from bringing cases with reliable law firms and force them to accept less than what their case is worth.

The House of Lords ultimately sided with victims and rejected the arguments of insurers. The ruling did not affect the large sums of money paid by the insurance industry to asbestos victims. It is crucial to select an asbestos compensation company that is known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. We were also the ones responsible for bringing to court the first successful asbestos compensation case.

The Third Case

Asbestos cases are different from the majority of toxic tort suits because they involve serious injuries that have permanently changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma affects tissues that surround internal organs, like the lung. The cancer can also spread to the chest wall, abdominal cavity, brain, and heart. Because the disease can take decades to manifest, sufferers must often live in the knowledge that their condition is fatal. Many of those who have been affected by asbestos have endured an immense amount of financial hardship because they've been forced to sell their homes and medical bills and make other expensive changes to their lives.

In recent years however numerous families have filed lawsuits against asbestos product manufacturers and suppliers. The law allows for compensation to be sought even when the company has filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, a number of these companies were forced to retire or close. However, there are a lot of plaintiffs looking to sue those that remain. The number of asbestos lawsuits has actually increased.

Some of these cases have been manipulated by certain attorneys to benefit their clients. A New York City judge recently reversed a policy that was in effect for a number of years to prevent punitive damages when it comes to mesothelioma lawsuits. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.

This was a single instance, but it attracted the attention of a lot. Many believe that the case is an indicator of the shady strategies that are now common in a variety of asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver attracted more attention to the connections between trial attorneys and politicians. This may help to create some balance in the system.

You should seek legal counsel immediately if you've been diagnosed with mesothelioma or any other asbestos-related disease. The top mesothelioma attorneys will give you a no-cost consultation to discuss your situation and determine the best path to take. Asbestos claims can take several months to process, which is why you require an attorney who is knowledgeable about the complexities and the best ways to achieve results.