10 Things We Were Hate About Asbestos Litigation Cases

Asbestos Litigation Cases - Individual Versus Class Action

In some cases, plaintiffs prefer to file individual lawsuits instead of group actions. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related injuries.

Scientists have proved that asbestos exposure can cause lung disease and damage. Because mesothelioma has a latency period of 40-50 years, it can take an extended time for patients to develop the illness.

The History of Asbestos Litigation

Asbestos lawsuits are among the longest-running mass torts in U.S. history. It was not until the 1970s that state and federal courts began investigating asbestos cases, following medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening, and plaques in the pleura.

Many companies that mined asbestos, made asbestos-based products, and sold them knew the dangers but hid or brushed them aside. As a result, many asbestos companies went bankrupt due to lawsuits brought by families of victims. The majority of companies that declared bankruptcy set up up asbestos trust funds to compensate victims.

A small percentage of asbestos-related cases are heard. In these instances, judges tend to be skeptical of the defense arguments of the defendants. They will often give substantial verdicts to the victims. Asbestos lawyers have successfully moved thousands of cases through the court process and secured significant verdicts on behalf of mesothelioma sufferers.

However, the complexity of an asbestos case can make it difficult to be successful. In a lawsuit for asbestos plaintiffs must show that their illness is caused directly by exposure to the dangerous substance. This requires a database that connects workers, their work locations, their employers, the products they used, and their suppliers and vendors. The process of developing this information could take a long time, especially when a victim's history of work is complicated. Interviewing co-workers and family members as well as abatement employees suppliers, and other parties that might be responsible could be required.

Expert witness testimony is required to support claims that asbestos-related diseases have occurred. Most often, these expert witnesses are doctors who have been trained in the pathology of asbestos-related diseases and who have reviewed the medical records of a patient. This is especially crucial in mesothelioma cases where the disease can be extremely difficult to detect.

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

The First Case

Asbestos claims differ from other personal injury claims. Asbestos fibers inhalation can cause mesothelioma, which is a rare illness, or other asbestos attorneys-related diseases. These injuries are often caused from exposure to asbestos at certain work places, like power stations, shipyards, and construction projects.

Asbestos lawsuits are filed in a group-wide manner and not separately. This allows plaintiffs to bring an action against several defendants, and receive compensation from different sources.

A seamstress exposed to asbestos on an British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma as a result of asbestos particles that he breathed in during the fabrication of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients such as the Royal Navy.

Another case that was filed by a dock worker who developed mesothelioma as a result of exposure to asbestos emissions from the factories in which 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 produced valves containing asbestos for oil drilling rigs, industrial processes and other industrial processes.

Other cases followed. In 1973 the Fifth Circuit Court of Appeals held asbestos attorneys manufacturers strictly liable (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related lawsuits, putting asbestos lawyer manufacturers on notice that they would be sued over their products.

Lawyers representing a plaintiff in a suit involving asbestos must comprehend the intricate chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It is also essential to ensure that the lawsuit is in line with the federal and state laws that are relevant to asbestos litigation. This includes laws that regulate asbestos disclosure procedures.

One of the most crucial actions is choosing an attorney that specializes in mesothelioma cases. A trusted law firm will provide an initial consultation for free and will review the medical records of the client that are related to asbestos to determine eligibility for a lawsuit involving asbestos.

The Second Case

Asbestos victims have received significant court awards. These awards are often more than the settlements provided by mesothelioma or asbestos trust funds. Asbestos victims have received compensation for many reasons including psychological and physical injuries caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to develop lung disease and damage than those who didn't work with it.

As such, a number of law firms that had years of experience in asbestos litigation filed large mesothelioma cases in large numbers. This was a method for them to make a profit and gain recognition for their expertise. This method was not helpful to mesothelioma patients. Many of these firms had more cases than they could handle and didn't provide the appropriate medical support and representation that mesothelioma sufferers deserve.

Insurance companies and defendants employed other strategies to fight asbestos claims. For instance, 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 a direct assault on the concept of joint-and-several liability, which permits plaintiffs to be held accountable for all damages that result from asbestos exposure by multiple defendants.

This strategy was met with fierce opposition from mesothelioma patients and their lawyers, who claimed that it would be unfair for asbestos victims to be required to prove the exact cause of their illness to be able to claim damages. Additionally, it could discourage victims from filing claims with reliable law firms and could make them settle their cases with less than what they are entitled to.

The House of Lords ultimately sided with the victims and rejected arguments of insurers. This ruling did not impact the huge sums of money paid by the insurance industry to asbestos victims. It is crucial to select an asbestos compensation firm that has a reputation for competence and expertise. Thompsons Solicitors have handled and won more asbestos claims than any other law firm. We were also the ones responsible for bringing to court the first successful asbestos compensation case.

The Third Case

Contrary to the majority of toxic tort lawsuits, asbestos cases involve very serious injuries to people who's lives were forever altered due to exposure to a dangerous carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs, such as the lung. The cancer can also spread to the abdominal cavity, chest wall as well as the brain and heart. The disease can take a long time to manifest and victims are often forced to endure the knowledge of their terminal condition. Many who have been affected by asbestos have suffered an immense amount of financial hardship, since they were forced to sell their homes and medical bills and make other costly changes to their lives.

In recent years, however, many mesothelioma patients' families have taken to suing the manufacturers and suppliers of asbestos products. The law allows for compensation to be sought even if a company has filed for bankruptcy.

After paying billions of dollars in settlements to asbestos victims, a number of these businesses were forced to close or shut down. But there are still plenty of plaintiffs who want to sue the remaining companies. In fact the number of asbestos lawsuits has risen.

Some of these cases are being manipulated to benefit certain attorneys and their clients. For example a judge in New York City recently made a ruling that reversed a longstanding policy against mesothelioma lawsuits involving punitive damages. This was at the request of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma victims.

While this was only one case, it has drawn the attention of many observers. Many believe that the case is a good indicator of the unsavory practices that are typical in asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial attorneys and politicians. This could help bring some balance to the system.

You should seek legal representation immediately if you've been diagnosed as having mesothelioma, or another asbestos-related illness. The most reputable mesothelioma attorneys will provide a no-cost consultation to discuss your situation with you and determine the best strategy for you. The process of filing an asbestos claim can take a few months, which is why it is vital to work with an attorney who is familiar with the intricacies involved and knows how to obtain results.