Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs would prefer to pursue individual lawsuits rather than group actions. Individual lawsuits can provide greater compensation for mesothelioma or other asbestos-related injuries.

Scientists have proved that asbestos exposure can cause lung damage and cause lung disease. Since mesothelioma is a disease with a latency time of 40-50 years, it may take an extended time for patients to develop their illness.

The History of Asbestos Litigation

Asbestos suits have been the longest-running mass torts in U.S. History. It was not until the 1970s when federal and state courts started taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening, and plaques in the pleura.

Many companies that mined asbestos, made asbestos lawyer-based products, and sold asbestos products knew about the dangers but downplayed or ignored them. Many asbestos companies declared bankruptcy because of the lawsuits filed by victims and their family members. The majority of the companies who filed for bankruptcy put asbestos trust funds to compensate victims.

A small number of asbestos-related cases are heard. In these instances, judges tend to be skeptical of the defendants' arguments. They are often able to award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the process of trial and obtained significant verdicts for mesothelioma patients.

However, the complexity of an asbestos lawsuit can make it difficult to win. In an asbestos lawsuit, plaintiffs must prove their illness was caused by a company's exposure to the hazardous substance. This requires a complete database linking workers, their workplaces, their employer's names, products they used, suppliers and vendors. This can take many years, especially if the victim's employment history is complex. It could involve interviews with coworkers or family members and abatement workers, as well as suppliers, and other parties that could be involved in the case.

The evidence in an asbestos case requires expert witness testimony to back claims of an asbestos attorney-related illness. These experts are usually 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 particularly important in mesothelioma-related cases, as the disease can be very difficult to detect.

The defendants can also try to discredit experts through their qualifications or background. In recent time defendants have questioned the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims are different from other personal injury claims. The lawsuits concern a rare illness that's caused by breathing in the microfibers and then developing mesothelioma or another asbestos-related disease. These injuries typically result 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 group-wide basis rather than individually. This allows the victims and their families to file a single suit against multiple defendants and receive compensation from a variety of sources of money, resulting in lower legal fees.

A man who was exposed to asbestos on an British vessel in 1927 filed the first mesothelioma lawsuit. The victim was diagnosed with mesothelioma following inhaling asbestos particles emitted when constructing ships at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.

Another case was filed by a dock worker who developed mesothelioma after exposure to asbestos from the factories where he worked. The victim's spouse filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both manufactured valves that contained asbestos for oil industrial processes, rigs, and other industrial processes.

Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals held asbestos manufacturers strictly accountable (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related claims. It also put asbestos manufacturers on notice that they might be sued over their products.

Lawyers for a plaintiff in an asbestos lawsuit need to be aware of the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also about making sure that the lawsuit is in compliance with state laws and federal regulations pertaining to asbestos litigation, such as the ones that govern asbestos discovery procedures.

The most important thing to do is to find an attorney with experience in mesothelioma. A reputable law firm will offer a free consultation and review the medical records of the patient that relate to asbestos to determine if they are eligible for an asbestos lawsuit.

The Second Case

Asbestos sufferers have won significant settlements in the courts, which are usually more than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons, including the psychological and physical damage caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer from lung diseases and lung damage than those who do not work with asbestos.

As such, a number of law firms that had extensive experience in asbestos litigation filed huge volumes of mesothelioma cases. This allowed firms to earn a profit and gain recognition for their expertise. However, this strategy did not work for mesothelioma sufferers well. Many of these companies took on more cases than they could handle, and didn't provide the necessary medical support or representation that mesothelioma patients need.

Insurance companies and defendants have employed various strategies to stop asbestos claims. For instance, believed that asbestos victims must prove that the asbestos they were exposed was responsible for their illness. This was an attack on the principle of joint and several liability, which permits one plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients as well as their attorneys were strongly opposed to this method. They argued that it was unfair to demand asbestos sufferers to prove the exact cause for their illness before they can claim damages. This would also discourage victims from filing lawsuits with reputable law offices and force them to accept less than what their case is worth.

The House of Lords ultimately sided with the victims and rejected arguments of the insurers. However, this ruling did not affect the huge amounts of money that was given to asbestos victims by the insurance industry. This is why it is important to select an asbestos compensation law firm that is known for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos compensation 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

Asbestos cases differ from most toxic tort suits because they result in serious injuries that have permanently affected the lives of those who were exposed to a dangerous carcinogen. Mesothelioma affects tissues that surround internal organs, such as the lungs. Cancer can also spread into the chest wall, abdominal cavity as well as the brain and heart. The disease can take a long time to manifest and victims are often left to be aware of their degenerative condition. Many of those who have been affected by asbestos have suffered many financial hardship since they were forced to sell homes, pay medical bills, and make other costly adjustments to their lives.

In recent years, however, many mesothelioma patients' families have taken to suing the suppliers and manufacturers of asbestos products. This is because the law allows individuals to seek compensation for damages even after their companies have filed for bankruptcy.

Many of these firms have been forced to close and retire after paying out billions in settlements to asbestos victims. However, there are a lot of plaintiffs looking to sue those that remain. The number of asbestos lawsuits has actually increased.

Certain cases are being used to benefit certain lawyers and their clients. A New York City judge recently overturned a policy that was in effect for many years against punitive damages related to mesothelioma lawsuits. This was done at the request of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims.

This was only one instance, but it drew the attention of a lot. Many people believe the case is an indicator of the fraudulent strategies that are now common in a variety of asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the connections between trial lawyers and politicians, which could help bring some balance back to the system.

You should seek legal counsel immediately if you've 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 course of action. The process of submitting an asbestos claim can take a few months, which is why it is vital to engage an attorney who is familiar with the complexities involved and how to get results.