Asbestos Litigation Cases - Individual Versus Class Action

In some cases, plaintiffs are pursuing individual lawsuits instead of the traditional class action. Individual lawsuits could provide greater compensation for injuries caused by asbestos and mesothelioma.

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

The History of Asbestos Litigation

Asbestos lawsuits are the longest running mass tort in U.S. history. The federal and state courts began processing asbestos cases in the 1970s when medical research linked asbestos exposure with diseases like mesothelioma and lung cancer.

Many companies that mined asbestos, made asbestos products, and then sold asbestos products were aware of the dangers, but ignored or minimized the dangers. In the end, a number of asbestos companies went bankrupt under the weight of lawsuits filed by families of victims. The majority of companies who filed for bankruptcy put asbestos trust funds to compensate victims.

Although the vast majority of asbestos-related claims are settled out of court, a tiny number of cases go to trial. In these cases judges are usually skeptical of defenses and will award large verdicts for victims. Asbestos lawyers have successfully moved thousands cases through the court system and obtained significant verdicts for mesothelioma patients.

The complex nature of asbestos lawsuits can be difficult to win. In a lawsuit for asbestos plaintiffs must show that their illness was caused by a company's exposure to the dangerous substance. This requires a comprehensive database linking workers, their work sites and their employers' names, the products they used, their suppliers and vendors. This process can take many years, especially if the victim's employment history is complicated. It may involve interviewing co-workers, family members as well as abatement workers, suppliers and other parties who could be involved in the case.

Expert witness testimony is also required to support claims that asbestos-related illnesses have been a factor. Most often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases and who have analyzed the medical records of an individual. This is particularly important in cases of mesothelioma, which is a difficult disease to detect.

The defendants can also try to discredit experts by pointing out their background or qualifications. In recent years defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims are different from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, which is a rare illness or other asbestos-related illnesses. These injuries are often caused by exposure to asbestos at specific work places, like power stations, shipyards and construction projects.

In contrast to other types of civil litigation asbestos lawsuits are filed on a class-wide basis rather than separately. This permits 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 fees.

The first mesothelioma lawsuit 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 as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients such as the Royal Navy.

Another case was filed by a dock worker who was diagnosed with mesothelioma following 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 manufactured valves that contained asbestos for oil industrial processes, rigs, and other industrial processes.

Other cases followed. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers liable (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related claims. It also put asbestos manufacturers on notice that they could be sued over their products.

Lawyers representing plaintiffs in a suit involving asbestos must understand the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It is also important to ensure that the lawsuit is compliant with state and federal laws that are relevant to asbestos litigation. This includes the laws that govern asbestos lawyer disclosure 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 review the client's medical records related to asbestos in order to determine if they are eligible for an asbestos lawsuit.

The Second Case

Asbestos patients have received substantial awards in the courts, which are usually higher than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have been awarded compensation for various reasons including psychological and physical injuries caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to suffer lung damage and disease than those who did not work with it.

As a result, many law firms with a wealth of experience in asbestos litigation filed a significant number of mesothelioma lawsuits. It was a method to get noticed and make money. This method was not helpful for mesothelioma patients. Many of these companies had more cases than they could handle and did not provide the appropriate medical support and representation that mesothelioma patients deserve.

The defendants and insurance companies have also employed other strategies in order to combat asbestos claims. For example, the insurance industry argued that asbestos sufferers must be required to prove that the particular asbestos they were exposed to was the cause for their condition. This was an open challenge to the concept 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 as well as their attorneys were strongly against this strategy. They argued that it was unfair to require asbestos patients to prove the exact cause for their illness before they could recover damages. In addition, it would dissuade people from filing claims with reputable law firms and potentially force them to settle their cases with less than what they are entitled to.

The House of Lords ultimately sided with victims and rejected the arguments of insurers. The decision did not affect the huge sums of money paid by the insurance industry to asbestos victims. It is important to choose an asbestos compensation firm with a good reputation for proficiency and competence. Thompsons Solicitors has run, and won, more asbestos Lawyer (hougaard-Kring-4.blogbright.Net) claim cases than any other UK law firm. We also played a role in bringing the first-ever successful asbestos compensation case to court in 1972.

The Third Case

Asbestos cases are different 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 form of cancer that affects tissues surrounding internal organs such as the lungs. The cancer can also expand to the abdominal cavity as well as the chest wall, heart, and brain. The disease can take years to develop and victims are often left to endure the knowledge of their death. Asbestos has caused financial hardship for many asbestos victims who have required the sale of their homes, pay medical expenses, and make other expensive adjustments to their lives.

In recent years, however there have been numerous lawsuits filed by families against asbestos product suppliers and manufacturers. This is because the law allows individuals to seek damages compensation even after their businesses have filed for bankruptcy.

Many of these firms have been forced to close and retire after paying out billions in settlements to asbestos victims. There are still a lot of plaintiffs who wish to bring legal action against the remaining companies. The number of asbestos claims has actually increased.

Some of these cases have been manipulated by certain lawyers to gain their clients. For instance a judge from New York City recently made an order that reversed a longstanding policy against mesothelioma lawsuits that award punitive damages. This was done in response to a lawyer for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma victims.

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

If you have been diagnosed with mesothelioma, or another asbestos-related disease, there's no time to lose in seeking legal representation. The most effective mesothelioma lawyers will offer a free consultation in order to discuss your situation with you and decide on the best way to proceed. The process of filing an asbestos claim can take a few months, which is why it is essential that you work with an attorney who understands the intricacies involved and knows how to get results.