Asbestos Litigation Cases - Individual Versus Class Action

In certain cases, plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits may provide more compensation for mesothelioma and other asbestos-related diseases.

Scientists have established that exposure to asbestos can cause lung damage and causes disease. Because mesothelioma sufferers have a latency time of 40-50 years, it could take a long time for victims to develop the illness.

The History of Asbestos Litigation

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

Many companies that mined, manufactured and sold asbestos products were aware of the dangers, but omitted or hid from these dangers. Many asbestos-related companies declared bankruptcy because of the lawsuits brought by victims and family members. Most of the companies who declared bankruptcy had asbestos trust funds to pay compensation to the victims.

Although the vast majority of asbestos-related claims settle out of court, a tiny amount of cases go to trial. In these cases, judges tend to be skeptical of the defendants' arguments. They will often give large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the trial process and secured significant verdicts for mesothelioma patients.

However, the complexity of an asbestos lawsuit can make it difficult to be successful. In an asbestos lawsuit plaintiffs must prove that their illness is directly caused by a company's exposure to asbestos, a dangerous substance. This requires a thorough database linking workers, their job sites, their employer's names, the products they used, their suppliers and vendors. This process can take many years, especially if a victim's work history is complex. Interviewing family members, coworkers as well as abatement employees, suppliers, and other parties that could be responsible may be required.

The evidence in an asbestos case requires expert witness testimony to back the claims of an asbestos-related disease. These expert witnesses are often doctors who have completed training in the diagnosis and pathology of asbestos-related diseases and have reviewed the medical records of a patient. This is especially important in mesothelioma cases where the disease can be extremely difficult to detect.

Defense lawyers may also seek to undermine experts by pointing out their backgrounds or professional qualifications. This is a worrying trend that has been observed in recent years as defendants are increasingly challenging the global scientific consensus that asbestos is the cause of mesothelioma and other illnesses.

The First Case

Asbestos claims differ from other personal injury claims. The lawsuits are based on an uncommon disease that's caused by breathing in microscopic fibers and subsequently developing mesothelioma, or another asbestos-related disease. These types of injuries are usually caused by exposure to certain job sites, including shipyards, power plants and construction projects.

Unlike some other types of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than individually. This permits victims to file a lawsuit against multiple defendants, and to receive compensation from different sources.

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

Another early case was filed by an employee at the dock who contracted mesothelioma after exposure to asbestos from the factories where the worker worked. The victim's spouse filed a lawsuit 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 followed. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The decision has increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were warned that they could be sued for their products.

Lawyers for a plaintiff in an asbestos lawsuit need to comprehend the complex chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It is also important to ensure that the lawsuit is compliant with federal and state laws that are relevant to asbestos litigation. This includes the laws that govern asbestos disclosure procedures.

The most important thing to do is to find an attorney with expertise in mesothelioma. A trusted law firm will provide an initial consultation for free and will review the medical records of the patient that relate to asbestos to determine if they are eligible for an asbestos lawsuit.

The Second Case

Asbestos sufferers have gotten significant awards at court. These awards are usually higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for various reasons including the physical and psychological damages caused by asbestos exposure. Research has proven that asbestos workers are more likely to develop lung disease and lung damage as compared to those who do not work with asbestos.

As a result, many law firms that had extensive experience in asbestos litigation filed a significant number of mesothelioma lawsuits. It was a method to gain recognition and make money. But, this method did not benefit mesothelioma patients well. Many of these firms took on more cases than they could handle and did not provide the appropriate medical support and representation that mesothelioma sufferers deserve.

The defendants and insurance companies employed other strategies in order to combat asbestos claims. For instance the insurance industry claimed that asbestos sufferers should be required to prove that the specific asbestos they were exposed to was responsible for their illness. This was a direct assault on the principle of joint-and-several liability, which permits the plaintiff to be held responsible for all damages that result from asbestos exposure by multiple defendants.

This strategy was met with a fierce restraining from mesothelioma sufferers and their lawyers, who argued that it was unfair for asbestos patients to be required to prove the exact cause of their condition in order to claim damages. This could deter patients from bringing cases with legal firms that are reputable and make them settle for less than their case is worth.

The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the huge sums of money given to asbestos victims by the insurance industry. This is why it is important to select an asbestos compensation law firm that is known for its expertise and professionalism. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.

The Third Case

Contrary to the majority of toxic tort lawsuits, asbestos attorneys cases can result in extremely serious injuries to those whose lives were irrevocably changed through exposure to a fatal carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lungs. The cancer may also be spread to the abdominal cavity and chest wall, heart, and even the brain. Because the disease can take decades to manifest, patients must often live in the knowledge that their condition is fatal. Asbestos has caused financial difficulties for asbestos-related victims who have required the sale of their homes, pay medical expenses and make other costly modifications to their lives.

In recent years, however numerous families have filed lawsuits against asbestos-related companies and suppliers. This is because the law permits individuals to seek damages compensation even after their companies have 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's still a large number of plaintiffs who wish to sue those that remain. The number of asbestos lawsuits has actually increased.

Some of these cases have been manipulated by certain lawyers to benefit their clients. For example a judge in New York City recently made a ruling that reversed a longstanding policy against punitive damages in mesothelioma lawsuits. 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 victims.

This was only one instance, but it caught the attention of a lot. Many people believe the case is an indicator of the deceitful methods that have become a regular feature in many asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the connections between trial lawyers and politicians, which could help bring balance to the system.

If you've been diagnosed with mesothelioma or another asbestos-related illness, there's no reason to delay seeking legal advice. The top mesothelioma attorneys will give you a no-cost consultation to discuss your situation and determine the best course of action. Asbestos claims can take a long time to be processed, so you require an attorney who is knowledgeable about the complexities and how to get results.