Asbestos Litigation Cases - Individual Versus Class Action
In some cases, plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits may provide more compensation for mesothelioma as well as other asbestos-related injuries.
Researchers have discovered that exposure to asbestos causes lung damage and disease. It can take many years for mesothelioma patients to develop the disease due to its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass tort in U.S. history. It was not until the 1970s when federal and state courts began investigating asbestos cases, following medical research linked exposure to asbestos with various diseases, including mesothelioma and lung cancer, and various other illnesses like asbestosis, pleural thickening, and plaques in the pleura.
Many companies that mined asbestos, manufactured asbestos-based products, and sold them knew the dangers but downplayed or ignored them. As a result, numerous asbestos companies went bankrupt due to lawsuits brought by the families of victims. The majority of companies that declared bankruptcy had asbestos trust funds to pay compensation to the victims.
A small percentage of asbestos-related cases are heard. In these cases, judges tend be skeptical of defenses of the defendants. They often award large verdicts to victims. Asbestos lawyers have successfully moved thousands of cases through the court process and have secured significant verdicts for mesothelioma patients.
The complexity of an asbestos case makes it difficult to win. In an asbestos-related case plaintiffs must prove that their illness was directly caused by exposure to asbestos in the workplace. This requires a database that links workers, their work sites, their employers, the products they used, and their suppliers and vendors. The process of constructing this data can take years, especially when a victim's work history is complicated. It could involve a thorough interview with coworkers relatives and abatement workers, as well as suppliers, and other parties that could be involved in the case.
Expert witness testimony is required to support claims that asbestos-related illnesses have occurred. These experts are usually physicians who have received training 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 can be difficult to identify.
Defense lawyers may also seek to discredit experts by attacking their credentials or qualifications. In recent years defendants have questioned the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos claims are different from other types of personal injury claims. The lawsuits are based on an uncommon illness that is caused by inhaling the microfibers and then developing mesothelioma or a different asbestos-related disease. These injuries typically result from exposure to asbestos at certain workplaces, including power stations, shipyards, and construction projects.
Asbestos lawsuits are filed in a group-wide manner and not separately. This allows victims to bring a lawsuit against multiple defendants and receive compensation from different sources.
The first mesothelioma claim was filed in 1927 by a seaman who had been exposed to asbestos while working on an British ship. The victim was diagnosed with mesothelioma due to 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.
Another case that was filed by an employee at the dock who contracted mesothelioma as a result of exposure to asbestos emitted from the factories in which he worked. The victim's wife filed a lawsuit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both made asbestos-containing valves for oil industrial processes, rigs, and other industrial processes.
Other cases followed. In 1973 the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries to workers (Borel v. Fibreboard). The decision boosted the number of asbestos-related claims, putting asbestos manufacturers on notice that they might face litigation over their products.
Lawyers representing plaintiffs in a lawsuit that involves 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 compliance with state and federal laws that relate to asbestos litigation. This includes laws that regulate asbestos lawyer disclosure procedures.
One of the most important steps is choosing an attorney that specializes in mesothelioma lawsuits. 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 an asbestos lawsuit.
The Second Case
Asbestos patients have received substantial payouts in court, which are often higher than what they would receive from a mesothelioma settlement or asbestos lawsuit trust fund claim. Asbestos sufferers have received compensation for many reasons, including the physical and psychological damages caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to suffer lung diseases and damage than those who didn't work with asbestos.
In this way, a variety of law firms with years of experience in asbestos litigation filed huge mesothelioma lawsuits. This was a way for firms to earn money and gain recognition for their skills. However, this strategy did not serve mesothelioma sufferers well. The firms were able to take on more cases than they could handle and did not offer the medical support and representation that patients suffering from mesothelioma deserve.
The defendants and insurers employed other strategies in order to combat asbestos claims. For example the insurance industry argued that asbestos sufferers should be required to prove that the particular asbestos they were exposed to was responsible for their condition. This was a direct challenge to the concept of joint and multiple liability, which allows one plaintiff to be held accountable for all damages resulting from exposure to asbestos caused by multiple defendants.
This idea was met with a spirited opposition from mesothelioma sufferers and their lawyers, who argued that it was unfair for asbestos victims to to prove the cause of their illness to recover damages. Additionally, it would discourage victims from filing claims with reputable law firms and potentially make them settle their claims with less than what they are entitled to.
In the end the House of Lords sided with the victims, and dismissed the insurers' arguments. The decision did not affect the large sums of money that insurance companies pay to asbestos victims. This is why it is crucial to choose an asbestos compensation law firm that is renowned for its skill and expertise. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case.
The Third Case
Asbestos cases differ from the majority of toxic tort suits because they involve serious injuries that have irrevocably altered the lives of people who were exposed to a dangerous carcinogen. Mesothelioma is a form of cancer that affects the tissues that surround internal organs such as the lungs. It can also spread to the chest wall, abdominal cavity as well as the brain and heart. Because the disease may be a long time to manifest, victims are often faced in the knowledge that their condition is end-of-life. Asbestos has caused financial hardship for asbestos-related victims who had to sell their homes, pay for medical expenses, and make other expensive adjustments to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos-related companies and suppliers. The law permits compensation to be sought even if the company has filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, many of these companies were forced to shut down or shut down. There are still many plaintiffs who wish to bring legal action against the remaining companies. In fact, the number of new asbestos lawsuits has increased.
Certain cases have been manipulated by certain attorneys to gain their clients. A New York City judge recently reversed a policy that was in place for a long time against punitive damages when it comes to mesothelioma cases. This was on the advice of the lawyer representing Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma sufferers.
Although this was a single instance, it has drew the attention of many observers. Many believe that this case is a sign of the shady strategies that are now common in many asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the links between trial lawyers and politicians, which may help bring balance to the system.
It is important to seek legal advice immediately if diagnosed with mesothelioma or another asbestos-related disease. The most reputable mesothelioma attorneys will offer a free consultation to discuss your situation with you and decide on the best course-of-action. The process of filing an asbestos claim can take many months, which is why it is crucial to choose an attorney who understands the complexities involved and knows how to achieve results.