Asbestos Litigation Cases - Individual Versus Class Action

In some instances, plaintiffs prefer to file individual lawsuits over group actions. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.

Scientists have established that asbestos exposure causes lung damage and disease. Since mesothelioma is a disease with a latency time of 40-50 years, it can take a long time for victims to develop the disease.

The History of Asbestos Litigation

Asbestos suits are the longest-running mass torts in U.S. History. It was not until the 1970s when federal and state courts started taking asbestos cases into consideration, following medical research linked exposure to asbestos with various diseases, including mesothelioma and lung cancer, and other diseases like asbestosis, pleural thickening and plaques of the pleura.

Many companies that mined asbestos, made asbestos products, and supplied asbestos products knew about the dangers but ignored or minimized the dangers. As a result, many asbestos-related companies were forced to close under the weight of lawsuits filed by the families of victims. The majority of companies that filed for bankruptcy set asbestos trust funds to pay victims.

A few asbestos-related cases are tried. In these cases, judges tend to be skeptical of defenses of the defendants. They often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the court process and secured significant verdicts for mesothelioma sufferers.

However, the complexity of a case involving asbestos can make it difficult to be successful. In a lawsuit for asbestos plaintiffs must show that their illness is caused directly through exposure to asbestos, a dangerous substance. This requires a complete database linking workers, their work sites and their employers' names, products they used, their suppliers and vendors. This process could take several years, especially if the victim's employment history is complicated. It could involve a thorough interview with coworkers or family members as well as abatement workers, suppliers, and other parties that might be responsible.

Expert witness testimony is required to prove that asbestos-related illnesses have been a factor. Often, asbestos law & litigation these expert witnesses are doctors with training in the pathology of asbestos-related diseases, and who have reviewed the medical records of a patient. This is especially important for mesothelioma cases, which can be difficult to detect.

Defendants may also attempt to discredit experts by arguing their credentials or qualifications. This is a troubling pattern that has been seen in recent years as defendants are increasingly challenging worldwide scientific consensus that asbestos causes mesothelioma as well as other diseases.

The First Case

asbestos exposure litigation claims are different from other personal injury lawsuits. The lawsuits concern an uncommon illness that is caused by breathing in tiny fibers, and later developing mesothelioma or another asbestos-related disease. These injuries typically result from exposure to asbestos in certain work places, like shipyards, power stations and construction projects.

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

A seaman exposed to Asbestos Law & Litigation on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma due to asbestos dust inhalation 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 where he worked. 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 industrial processes, rigs, and other industrial processes.

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

Lawyers representing the plaintiff in an asbestos lawsuit need to understand the complicated chain of exposure. This includes determining the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It also requires ensuring that the lawsuit complies with federal and state laws. regulations pertaining to asbestos litigation, such as those that govern asbestos discovery procedures.

One of the most crucial actions is choosing an attorney that specializes in mesothelioma lawsuits. A reputable law office will provide a no-cost consultation and examine the medical records of the client related to asbestos in order to determine if they are eligible for a lawsuit against asbestos.

The Second Case

Asbestos patients have received substantial settlements in the courts, which are usually more than what is asbestos litigation they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have received compensation for Asbestos Law & Litigation various reasons, including physical and psychological harms caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer from lung disease and lung damage than those who don't work with it.

This is why a number of law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. This allowed firms to earn a profit and earn recognition for their skills. However, this strategy did not benefit mesothelioma patients well. Many of these firms had more cases than they could handle and didn't provide the appropriate 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 instance, believed that asbestos victims should be required show that the asbestos to which they were exposed to was responsible for their illness. This was a direct assault on the principle of joint-and-several liability, which permits a plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients as well as their attorneys were adamantly against this strategy. They argued that it was unfair to demand asbestos patients to prove the cause for their illness before they can claim damages. This would also discourage victims from bringing cases with reliable law firms and force them to settle for less than their case is worth.

The House of Lords ultimately sided with victims and rejected the arguments of insurers. The decision did not affect the massive sums paid by the insurance industry to asbestos victims. It is important to choose an asbestos compensation firm 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 in 1972 for bringing to court the first successful asbestos compensation case.

The Third Case

Asbestos lawsuits differ from other toxic tort cases because they result in serious injuries that have forever affected the lives of those who were exposed to a deadly carcinogen. Mesothelioma is a cancer of the tissues around organs inside, including the lung. Cancer can also spread into the chest wall, abdominal cavity, brain, and heart. The disease can take years to manifest, and sufferers are often left to be aware of their terminal condition. Many who have been affected by asbestos have suffered many financial hardship, because they've been forced to sell homes and pay medical bills and make other expensive adjustments to their lives.

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

Many of these firms have been forced to close and retire after paying billions in settlements to asbestos victims. But there are still plenty of plaintiffs looking to sue those that remain. The number of asbestos-related lawsuits has actually increased.

Some of these cases have been manipulated by certain attorneys to gain their clients. For example, a judge in New York City recently made an order that reverses the long-standing policy against mesothelioma lawsuits that award punitive damages. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.

Although this was a single case, it has drawn the attention of a lot of observers. Many believe that this case is a sign of the fraudulent tactics that have become common in asbestos lawsuits. The corruption scandal that afflicted the former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which could help bring some balance back to the system.

You should seek legal counsel immediately if diagnosed with mesothelioma or another asbestos-related illness. The best mesothelioma attorneys will provide a no-cost consultation in order to discuss your situation with you and decide on the best way to proceed. The process of submitting an asbestos claim can take a few months, which is why it is essential that you choose an attorney who is familiar with the complexities involved and knows how to achieve results.