Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits can offer greater compensation for mesothelioma and other asbestos-related diseases.
Researchers have discovered that asbestos exposure causes lung damage and diseases. It could take a long time for mesothelioma victims to develop the disease because of its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos suits are the longest-running mass torts in U.S. History. The federal and state courts first began to handle asbestos cases in the 1970s, after medical research connected asbestos exposure with diseases such as mesothelioma and lung cancer.
Many companies that mined, manufactured and sold asbestos products were aware of the dangers but omitted or hid from these dangers. In the end, a number of asbestos companies filed for bankruptcy under the weight of lawsuits filed by families of victims. The majority of companies who filed for bankruptcy put asbestos trust funds to pay victims.
Although the vast majority of asbestos-related lawsuits settle out of court, a small number of cases go to trial. In these cases, judges tend to be skeptical of the defense arguments of the defendants. They often give large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court system and secured significant verdicts on behalf of mesothelioma patients.
However, the complexity of a case involving asbestos can make it difficult to win. In a lawsuit involving asbestos plaintiffs must show that their illness is caused directly by a company's exposure to the hazardous substance. This requires a complete database of the workers, their job sites as well as their employer's names, the products they used, their suppliers and vendors. This can take many years, especially if a victim's work history is complex. Interviewing family members, coworkers, abatement employees, suppliers, and other parties that could be responsible may be necessary.
Expert witness testimony is also needed to support claims that asbestos-related diseases have occurred. Expert witnesses are typically doctors who have been trained in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of patients. This is especially crucial in cases of mesothelioma, which is a difficult disease to identify.
Defendants can also try to discredit experts by pointing out their background or qualifications. This is a worrying pattern that has been seen in recent years, as defendants are increasingly challenging the world-wide scientific consensus that asbestos causes mesothelioma and other diseases.
The First Case
Asbestos lawsuits are distinct from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, a rare condition or other asbestos-related illnesses. These injuries are often caused from exposure to asbestos at specific workplaces, including power stations, shipyards, and construction projects.
Asbestos lawsuits are filed in a group-wide manner and not in a single instance. This permits victims to bring an action against several defendants, and receive compensation from different sources.
A seaman exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma as a result of asbestos particles inhaled during the fabrication of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients like the Royal Navy.
A dock worker filed a case in the early 1990s after developing mesothelioma from exposure to asbestos emitted by the factories where he was employed. The victim's widow filed a lawsuit against five companies, including Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any workers' injuries (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were put on notice that they could face litigation for their products.
Lawyers for a plaintiff in an asbestos lawsuit have to be aware of the complex chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It is also essential to ensure that the lawsuit is in compliance with state and federal laws that pertain to asbestos litigation. This includes the laws that govern asbestos disclosure procedures.
The most important thing to do is to find an attorney who has experience with mesothelioma. A reputable law firm will offer a free consult and will review the client's medical records relating to asbestos to determine whether they are eligible for a asbestos lawsuit.
The Second Case
asbestos attorney victims have won significant awards at court. These awards are often higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have received compensation for various reasons that include the psychological and physical damage caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to develop lung diseases and damage than those who didn't work with it.
As such, a number of law firms with vast experience in asbestos litigation filed massive volumes of mesothelioma cases. It was a way to be recognized and earn money. But, this method did not benefit mesothelioma patients well. Many of these companies took on more cases than they could handle, and did not provide the appropriate medical support and representation that mesothelioma patients deserve.
Insurance companies and defendants have also used other tactics to stop asbestos claims. For example the insurance industry argued that asbestos sufferers should be required to prove the particular asbestos they were exposed to caused for their condition. This was a direct assault on the principle of joint-and-several liability, which allows plaintiffs to be held liable for all damages that result from asbestos exposure by multiple defendants.
Mesothelioma patients and their attorneys were strongly opposed to this method. They argued that it was unfair to insist that asbestos sufferers to prove the root cause for their illness before they could claim damages. This would also discourage victims from bringing lawsuits against reliable law firms and force them to accept less than what their case is worth.
In the end the House of Lords sided with the victims, and rejected the arguments of insurers. However, this decision did not affect the massive amounts of money that was paid to asbestos victims by the insurance industry. It is important to choose an asbestos compensation company with a good reputation for competence and expertise. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Asbestos lawsuits differ from most toxic tort suits because they result in serious injuries that have irrevocably altered the lives of people who were exposed to a dangerous carcinogen. Mesothelioma is a kind of cancer that affects the tissues surrounding internal organs, such as the lungs. The cancer may also spread to the abdominal cavity as well as the chest wall, heart, and the brain. The disease can take years to manifest and victims are often forced to be aware of their death. Asbestos has led to financial hardship for many asbestos victims, who have had to sell their homes, pay for medical expenses and make other costly modifications to their lives.
In recent years, however, many mesothelioma patients' families have resorted to suing manufacturers and suppliers of asbestos products. This is because the law permits people to seek damages compensation even after their companies have filed for bankruptcy.
After paying billions of dollars in settlements for asbestos attorneys victims, many of these businesses were forced to close or shut down. There are still a lot of plaintiffs who wish to pursue the remaining companies. In fact, the number of new asbestos lawsuits has increased.
Certain cases have been manipulated by certain attorneys to benefit their clients. A New York City judge recently changed a rule that had been in place for many years against punitive damages in relation to mesothelioma cases. This was on the advice of the lawyer representing Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma patients.
It was only one instance, but it drew the attention of a lot. Many believe this case is an indicator of the unsavory practices that are common in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver brought more attention to the ties between trial lawyers and politicians. This could help create some balance in the system.
You should seek legal counsel immediately if diagnosed with mesothelioma or another asbestos-related disease. The most effective mesothelioma lawyers will offer a free consultation in order to discuss your case with you and decide on the best strategy for you. Asbestos claims can take months to process, so you need a lawyer who understands the complexities of the case and the best ways to achieve results.