Asbestos Litigation Cases - Individual Versus Class Action
In some instances, plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits can provide greater compensation for injuries caused by asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos can cause lung damage and cause lung disease. It can take several years for mesothelioma sufferers to develop the disease due to its 40-50 year latency time.
The History of Asbestos Litigation
Asbestos suits are the longest-running mass tort in U.S. history. Federal and state courts only began to process asbestos cases in the 1970s when medical research linked asbestos exposure with diseases like mesothelioma and lung cancer.
Many companies that mined, produced and supplied asbestos attorney products knew of the dangers, but ignored or downplayed these risks. As a result, many asbestos companies filed for bankruptcy under the weight of lawsuits brought by victims and their families. The majority of companies that declared bankruptcy had asbestos trust funds to pay compensation to the victims.
Although the vast majority of asbestos-related lawsuits settle out of court, a small amount of cases go to trial. In these cases, judges tend 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 of cases through the court system and secured significant verdicts on behalf of mesothelioma patients.
However, the complexities of a case involving asbestos can make it difficult to be successful. In a lawsuit for asbestos plaintiffs must prove that their illness is directly caused by a company's exposure to asbestos lawyers, a dangerous substance. This requires a thorough database that includes the names of workers, their workplaces as well as their employer's names, products they used, suppliers and vendors. This process could take several years, especially if the victim's work history is complex. Interviewing family members, coworkers, abatement employees suppliers, as well as other people who might be responsible could be necessary.
Expert witness testimony is needed to support claims that asbestos-related diseases have occurred. These expert witnesses are often doctors who have been trained in the pathology and diagnosis of asbestos-related diseases, and have analyzed the medical records of a patient. This is especially important in cases of mesothelioma, which is a difficult disease to identify.
Defense lawyers can also attempt to discredit experts based on their qualifications or background. This is a troubling trend that has been observed in recent years as defendants are increasingly challenging global scientific consensus that asbestos causes mesothelioma and other illnesses.
The First Case
Asbestos lawsuits differ from other personal injury claims. The lawsuits are based on a rare illness that's caused by breathing in microfibers and then developing mesothelioma or another asbestos-related disease. These injuries are often caused from exposure to asbestos in certain workplaces, including shipyards, power stations and construction projects.
In contrast to other types of civil litigation asbestos lawsuits are filed on a class-wide basis, rather than being filed individually. This allows plaintiffs to bring a lawsuit against multiple defendants, and to receive compensation from various sources.
The first mesothelioma case was filed in 1927 by a seaman who was exposed to asbestos while working on an British ship. The victim developed mesothelioma as a result of asbestos particles inhaled during the construction of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients such as the Royal Navy.
A dock worker filed a claim in the early 1990s after suffering from mesothelioma after exposure to asbestos emitted by the factories he worked in. The widow of the victim filed a lawsuit against five companies, including Union Carbide and Montello Inc. which both made asbestos attorney-containing valves for oil rigs as well as other industrial processes.
Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals held asbestos manufacturers strictly responsible (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they could be sued for their products.
Lawyers representing a plaintiff in a lawsuit that involves asbestos must understand the complex chain of exposure. This involves establishing the victim's exposure as well as mesothelioma diagnosis, as as identifying the potential defendants. It is also important to ensure that the lawsuit is in compliance with federal and state laws that pertain to asbestos litigation. This includes laws which govern asbestos disclosure procedures.
The most important thing to do is to locate an attorney with experience in mesothelioma. A reputable law office will offer a no-cost consultation and review the client's medical records relating to asbestos in order to determine eligibility for a lawsuit against asbestos.
The Second Case
Asbestos sufferers have won significant payouts in the courts, which are usually higher than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have received compensation for various reasons, including physical and psychological harms caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to have lung disease and damage than those who didn't work with it.
In this way, a variety of law firms with extensive experience in asbestos litigation filed large mesothelioma cases in large numbers. This was a way for firms to earn a profit and be recognized for their skills. This method was not helpful for mesothelioma patients. The firms were able to take on more cases than they could manage and did not provide the medical support and representation that patients suffering from mesothelioma deserve.
Insurance companies and defendants have also used other tactics to stop asbestos claims. The insurance industry, for example, argued that asbestos victims must prove that the asbestos they were exposed to was the cause for their condition. This was an attack on the principle of joint and several liability, which allows a single plaintiff to be held accountable for all damages that result from exposure to asbestos caused by multiple defendants.
This approach was met with a spirited opposition from mesothelioma patients and their lawyers, who argued that it would be unfair for asbestos patients to be required to prove the exact cause of their illness in order to be able to claim damages. Additionally, it would hinder victims from filing claims with reliable law firms and could force them to settle their case at a lower price than they should.
The House of Lords ultimately sided with the victims and rejected arguments of the insurers. However, this ruling did not affect the huge sums of money given to asbestos victims by the insurance industry. This is why it is important to choose an asbestos compensation law firm that is known for its skill and expertise. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases can result in severe injuries to people who's lives were forever altered due to exposure to a dangerous carcinogen. Mesothelioma affects the tissues surrounding internal organs, such as the lungs. The cancer may also expand to the abdominal cavity, chest wall, heart, and brain. Since the disease can take decades to manifest, victims are often faced knowing that their condition is end-of-life. asbestos attorney has caused financial difficulties for many asbestos sufferers who had to sell their homes, pay medical bills and make other significant adjustments to their lives.
In recent years, however numerous families of mesothelioma sufferers have decided to sue asbestos-related companies and suppliers. products. This is due to the fact that the law allows people to seek compensation for damages even after their companies have filed for bankruptcy.
Many of these companies were forced to close and retire after paying billions of dollars in settlements to asbestos victims. But there are still plenty of plaintiffs who want to sue the remaining companies. In fact, the number of new asbestos lawsuits has risen.
Some of these cases are being used to benefit certain lawyers and their clients. A New York City judge recently changed a rule that was in effect for a number of years to prevent punitive damages in relation to mesothelioma cases. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
While this was only one instance, it has drew the attention of a lot of observers. Many people believe this case is a sign of the deceitful methods that have become a regular feature in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which may help bring some balance back to the system.
It is important to seek legal advice immediately if diagnosed as having mesothelioma, or another asbestos-related illness. The top mesothelioma attorneys will give you a no-cost consultation to discuss your situation and determine the best path to take. The process of filing an asbestos claim can take a few months, so it is vital to work with an attorney who understands the complexities involved and knows how to obtain results.