Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs choose to pursue individual lawsuits rather than collective actions. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related diseases.
Scientists have proven that exposure to asbestos can cause lung diseases and damage. It could take a long time for mesothelioma victims to develop the disease because of the 40-50 year time frame of latency.
The History of Asbestos Litigation
Asbestos suits 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 found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening, and plaques of the pleura.
Many companies who mined asbestos, produced asbestos-based products, and sold asbestos products were aware of the dangers, but ignored or minimized the dangers. In the end, a number of asbestos companies went bankrupt due to lawsuits filed by families of victims. The majority of companies that filed for bankruptcy created asbestos lawyer trust funds to pay compensation to the victims.
Although the vast majority of asbestos-related claims are settled out of court, a small number of cases go to trial. In these instances, judges tend to be skeptical of the defenses of the defendants. They often award large verdicts to victims. Asbestos lawyers have been able to successfully move thousands of cases through the court process and secured significant verdicts on behalf of mesothelioma patients.
The complex nature of asbestos lawsuits can be difficult to win. In an asbestos case plaintiffs must demonstrate that their illness was directly triggered through exposure to asbestos by the company. This requires a complete database of the workers, their job sites as well as their employer's names, products they used, their suppliers and vendors. This process can take many years, particularly if the victim's employment history is complex. It may involve interviewing co-workers relatives, abatement workers, suppliers, and other parties that might be responsible.
Expert witness testimony is needed to support claims that asbestos-related diseases have occurred. Often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases, and who have reviewed the medical records of an individual. This is particularly important in mesothelioma-related cases, as the disease is often difficult to identify.
The defendants may also try to discredit experts by attacking their credentials or qualifications. In recent years defendants have questioned the scientific consensus that mesothelioma is caused due to asbestos attorneys.
The First Case
Asbestos claims are different from other personal injury claims. The lawsuits involve a rare illness that's caused by inhaling the tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These injuries are often caused by exposure to asbestos at specific work sites, such as 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 individually. This permits plaintiffs to file a lawsuit against multiple defendants, and receive compensation from various sources.
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 contracted mesothelioma after inhaling asbestos lawyer-containing particles during the construction of vessels at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.
Another case that was filed by a dock worker who was diagnosed with mesothelioma as a result of exposure to asbestos 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 rigs, industrial processes, and other industrial processes.
Other cases followed. 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 claims, putting asbestos manufacturers on notice that they would face litigation over their products.
Lawyers for a plaintiff in an asbestos lawsuit need to be aware of the complex chain of exposure. This involves establishing the victim's exposure as well as mesothelioma diagnosis as well in identifying the potential defendants. It is also about ensuring that the lawsuit complies with the state laws and federal regulations that govern asbestos litigation, such as the asbestos discovery procedures.
One of the most important steps is to choose an attorney that specializes in mesothelioma lawsuits. A trusted law firm will provide a free consultation and review the medical records of the patient that relate to asbestos to determine whether they are eligible for a lawsuit involving asbestos.
The Second Case
Asbestos victims have received significant awards at court. These awards are usually higher than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have received compensation for a variety of reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung diseases and lung damage as compared to those who do not work with asbestos.
As a result, many law firms with a wealth of experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a method to be recognized and earn money. This strategy was not beneficial to mesothelioma sufferers. These companies took on more cases than they were able to handle and did not offer the medical assistance and representation that patients suffering from mesothelioma deserve.
The defendants and insurance companies employed other strategies to fight asbestos claims. Insurance companies, for example, argued that asbestos victims should be required to demonstrate that the asbestos they were exposed to was responsible for their health. This was a direct assault on the principle of joint and multiple liability, which permits a plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants.
This idea was met with a spirited opposition from mesothelioma sufferers as well as their lawyers, who argued that it would be unfair for asbestos victims to be required to prove the cause of their illness to claim damages. This would also discourage victims from bringing cases with reputable law offices and force them to settle for less than the case is worth.
The House of Lords ultimately sided with victims and rejected the arguments of the insurers. This ruling did not impact the large 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 expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. We were also responsible for the first asbestos compensation claim to the 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 kind of cancer that affects the tissues surrounding internal organs, such as the lung. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. The disease can take years to develop and victims are often forced to endure the knowledge of their degenerative condition. Many who have been affected by asbestos have suffered an immense amount of financial hardship because they've been forced to sell homes and pay medical bills and make other costly changes to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos-related companies and suppliers. This is due to the fact that the law allows individuals to seek compensation for their losses even after their businesses have filed for bankruptcy.
Many of these companies were forced to retire and close after paying billions in settlements to asbestos victims. But there's still a large number of plaintiffs who wish to sue the remaining companies. The number of asbestos lawsuits has actually increased.
Certain cases are being used to benefit specific lawyers and their clients. For instance a judge in New York City recently made an order that reversed the long-standing 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 over 30 mesothelioma victims.
While this was only one case, it has drawn the attention of a lot of observers. Many believe that this case is a sign of the fraudulent strategies that are now common in many asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver attracted more attention to the ties between trial lawyers and politicians. This may help to create some balance in the system.
You should seek legal counsel immediately if diagnosed as having mesothelioma, or another asbestos-related disease. The most reputable mesothelioma attorneys will offer a free consultation in order to discuss your case with you and decide on the best way to proceed. Asbestos claims can take a long time to process, so you need an attorney who knows the intricacies and the best ways to achieve results.