Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are pursuing individual lawsuits, rather than the traditional class action. Individual lawsuits can offer greater compensation for mesothelioma as well as other asbestos-related injuries.
Scientists have proven that exposure to asbestos can lead to lung disease and damage. Because mesothelioma sufferers have a latency period of 40-50 years, it can take long for patients to develop the illness.
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 other illnesses like asbestosis, pleural thickening and pleural plaques.
Many companies that mined, made and supplied asbestos products knew of the dangers, but omitted or hid from these risks. Many asbestos-related companies filed for bankruptcy due to lawsuits brought by victims and family members. The majority of the companies that declared bankruptcy set up asbestos trust funds in order to pay victims.
Although the vast majority of asbestos-related claims are settled out of court, a tiny percentage of cases are brought to trial. If this happens, judges are often skeptical of defendants' arguments and will award large verdicts to victims. asbestos lawyers (this hyperlink) have been able to successfully move thousands cases through the court system and obtained significant verdicts for mesothelioma patients.
The complex nature of asbestos lawsuits is what makes it difficult to win. In an asbestos-related case plaintiffs must demonstrate that their illness was directly triggered by exposure to asbestos in the workplace. This is a requirement for a database that ties workers, their work sites and employers, as well as the products they used, and their suppliers and vendors. The process of creating this information can take years especially if a victim's work history is complicated. It may involve interviewing co-workers or family members, abatement workers, suppliers and other parties who might be responsible.
Expert witness testimony is required to support claims that asbestos-related diseases have occurred. The majority of these experts are physicians with training in the pathology of asbestos-related diseases and who have analyzed an individual's medical records. This is especially important in mesothelioma cases, where the disease is often difficult to identify.
The defendants may also try to discredit experts by arguing their backgrounds or professional qualifications. In recent years defendants have questioned the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos claims are different from other types of personal injury lawsuits. The lawsuits are based on an uncommon disease that's caused by inhaling the microscopic fibers and subsequently developing mesothelioma, or another asbestos-related disease. These kinds of injuries are usually caused by exposure to certain work sites, such as power plants, shipyards, and construction projects.
Contrary to other forms of civil litigation, asbestos lawsuits are filed on a class-wide basis rather than separately. This permits the victims and their families to file a single suit against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal fees.
A seaman exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma after inhaling asbestos particles emitted during the fabrication of ships at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.
Another case was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos from the factories in which he worked. The victim's widow filed an action against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly responsible (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of asbestos-related lawsuits. As a result, asbestos lawyers manufacturers were put on notice that they could be sued for their products.
Lawyers representing a plaintiff in a lawsuit involving asbestos must understand the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It is also important to ensure that the lawsuit is compliant with the federal and state laws that relate to asbestos litigation. This includes those that govern asbestos attorneys disclosure procedures.
The most important thing to do is to find an attorney with experience in mesothelioma. A reputable law office will provide a no-cost consultation and examine the client's medical records related to asbestos in order to determine eligibility for a lawsuit against asbestos.
The Second Case
Asbestos sufferers have gotten significant awards at court. These awards are typically greater than the settlements offered by mesothelioma or asbestos trust funds. asbestos lawyers sufferers have received compensation for many reasons including the psychological and physical harm caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to suffer lung damage and disease than those who didn't work with asbestos.
In the end, many law firms with a wealth of experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This was a method for firms to earn money and be recognized for their expertise. This approach was not beneficial to mesothelioma sufferers. Many of these firms 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 also used other tactics in order to combat asbestos claims. For instance, the insurance industry argued that asbestos sufferers must be required to prove the specific asbestos they were exposed to caused for their condition. This was a direct assault on the principle of joint-and-several liability, which permits the plaintiff to be held responsible for all damages resulting from exposure to asbestos attorneys by multiple defendants.
Mesothelioma patients as well as their attorneys were adamantly against this strategy. They claimed that it was unfair to require asbestos sufferers to prove the reason for their illness before they could claim damages. In addition, it would dissuade victims from filing claims with legal firms that are reputable and force them to settle their cases for less than they deserve.
In the final decision the House of Lords sided with the victims, and dismissed the arguments of insurers. The decision did not affect the huge sums of money that insurance companies pay to asbestos victims. It is important to choose an asbestos compensation firm with a good reputation for expertise and skill. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We were also responsible in 1972 for bringing to court the first asbestos compensation case that was successful.
The Third Case
Asbestos cases are different from most toxic tort suits because they involve serious injuries that have irrevocably affected the lives of those who were exposed to a deadly carcinogen. Mesothelioma affects the tissues surrounding organs inside, including the lungs. It can also spread to the chest wall, abdominal cavity, brain, and heart. Since the disease can take decades to manifest, sufferers must often live in the knowledge that their condition is fatal. Many of those who have been affected by asbestos have suffered many financial hardship since they were forced to sell their homes and medical bills and make other costly adjustments to their lives.
In recent years however numerous families have filed lawsuits against asbestos product manufacturers and suppliers. This is because the law allows individuals to seek compensation for damages even after their businesses have filed for bankruptcy.
Many of these companies were forced to shut down and retire after paying billions in settlements to asbestos victims. There are still a lot of plaintiffs who want to pursue the remaining companies. In fact the number of 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 had been in place for a long time against punitive damages when it comes to mesothelioma cases. This was done on the advice of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims.
This was a single instance, but it drew the attention of many. Many believe this case is an indication of the fraudulent practices that are common in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial attorneys and politicians. This may help to bring some stability to the system.
It is important to seek legal advice immediately if you have been diagnosed as having mesothelioma, or another asbestos-related disease. The top mesothelioma attorneys will give you a no-cost consultation to discuss your case and determine the best way to proceed. The process of submitting an asbestos claim can take many months, so it is crucial to choose an attorney who understands the intricacies involved and knows how to obtain results.