Asbestos Litigation Cases - Individual Versus Class Action

In some cases, plaintiffs prefer to file individual lawsuits over group actions. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related injuries.

Scientists have proven that asbestos exposure causes lung damage and diseases. Since mesothelioma is a disease with an estimated latency of 40-50 years, it could take long for patients to develop the disease.

The History of Asbestos Litigation

Asbestos suits have been 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 linked exposure to asbestos with various diseases, including mesothelioma and lung cancer, and various other illnesses such as asbestosis, pleural thickening, and plaques of the pleura.

Many companies that mined, manufactured and supplied asbestos-based products were aware of the dangers, but omitted or hid from these dangers. As a result, numerous asbestos companies filed for bankruptcy under the weight of lawsuits filed by victims and their families. The majority of companies that declared bankruptcy had asbestos trust funds to compensate to the victims.

A few asbestos-related cases are heard. In these instances, judges tend to be skeptical of defenses of the defendants. They often give large verdicts to victims. Asbestos attorneys have successfully moved thousands of cases through the court process and obtained significant verdicts for mesothelioma patients.

However, the complexities of an asbestos lawsuit can make it difficult to be successful. In an asbestos lawsuit (click here) plaintiffs must show that their illness is directly caused through exposure to the dangerous substance. This requires a database that links workers, their work locations and employers, as well as the products they used and their suppliers and vendors. The process of constructing this data can take years, especially when a victim's employment history is complex. Interviewing family members and coworkers Abatement employees suppliers, and other parties that could be responsible may be required.

The evidence in an asbestos case also requires expert witness testimony to support the claims of an asbestos-related disease. The majority of these experts are doctors who have been trained in the pathology of asbestos-related diseases and who have examined an individual's medical records. This is especially important for mesothelioma cases, which is a difficult disease to identify.

The defendants can also try to discredit experts through their qualifications or background. This is a worrying pattern that has been seen in recent years, as defendants are increasingly challenging global scientific consensus that asbestos is the cause of mesothelioma and other illnesses.

The First Case

Asbestos cases are unique from other personal injury lawsuits. Inhaling asbestos fibers can cause mesothelioma, which is a rare illness, or other asbestos-related diseases. These injuries are often caused by exposure to asbestos at specific work places, like power stations, shipyards, and construction projects.

Contrary to other forms of civil litigation asbestos lawsuits are filed on a class-wide basis, rather than being filed individually. This allows victims to file a lawsuit against multiple defendants and receive compensation from different sources.

A man who was exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. 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 early case was filed by a dock worker who was diagnosed with mesothelioma as a result of exposure to asbestos from the factories in which the worker worked. The victim's wife filed a suit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil drilling rigs, industrial processes and other industrial processes.

Other cases began to follow. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any injuries to workers (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were put on notice that they could face litigation for their products.

Lawyers representing a plaintiff in an asbestos lawsuit need to understand the complicated chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis as well in identifying the potential defendants. It also requires ensuring that the lawsuit complies with federal and state laws. regulations pertaining to asbestos litigation, including the asbestos discovery procedures.

The most important thing to do is to find an attorney who has experience with mesothelioma. A trusted law firm will provide a free consultation and review the medical records of the client that are related to asbestos to determine whether they are eligible for an asbestos lawsuit.

The Second Case

Asbestos patients have received substantial payouts in the courts, which are usually more than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons, including physical and psychological damage caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to develop lung diseases and damage than those who didn't work with asbestos attorney.

As a result, a number of law firms with extensive experience in asbestos litigation filed massive mesothelioma lawsuits. This was a method for them to make a profit and be recognized for their skills. However, this approach did not serve mesothelioma sufferers well. Many of these companies took on more cases than they could handle, and didn't provide the proper medical support and representation that mesothelioma patients deserve.

The defendants and insurers also used other tactics in order to combat asbestos claims. Insurance companies, for example, argued that asbestos victims must prove that the asbestos they were exposed to was the cause for their health. This was a direct attack on the principle of joint and multiple liability, which permits a plaintiff to be held responsible for all damages resulting from exposure to asbestos by multiple defendants.

This strategy was met with a fierce restraining from mesothelioma sufferers as well as their lawyers, who claimed that it would be unfair for asbestos victims to be required to prove the root of their illness in order to claim damages. This could deter patients from bringing lawsuits against reputable law offices and make them settle for less than their case is worth.

The House of Lords ultimately sided with victims and rejected the arguments of the insurers. The decision did not affect the large sums of money that insurance companies pay to asbestos victims. It is important to choose an asbestos compensation company that has a reputation for expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also the ones responsible for bringing to court the first successful asbestos lawyer compensation case.

The Third Case

Asbestos lawsuits differ from other toxic tort cases because they cause serious injuries that have forever affected the lives of those who were exposed to a deadly carcinogen. Mesothelioma affects the tissues surrounding internal organs, such as the lungs. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. The disease can take years to manifest and victims are often forced to be aware of their degenerative condition. Asbestos has caused financial hardship for many asbestos sufferers who have had to sell their homes, pay for medical expenses and make other costly adjustments to their lives.

In recent times, many families have sued asbestos-related companies and suppliers. This is due to the fact that the law allows people 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. However, there are a lot of plaintiffs looking to sue the remaining companies. The number of asbestos lawsuits has actually increased.

Some of these cases are being manipulated to benefit certain attorneys and their clients. For example a judge in New York City recently made an order that reversed the long-standing policy against mesothelioma lawsuits involving punitive damages. This was done in response to 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 a lot. Many believe that the case is an indication of the deceitful methods that have become a regular feature in many asbestos lawsuits. The corruption scandal that surrounded the former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial attorneys and politicians. This may help to bring some balance to the system.

If you have been diagnosed with mesothelioma, or another asbestos-related illness, there is no reason to delay seeking legal counsel. The most reputable mesothelioma lawyers will provide you with a no-cost consultation to discuss your case and determine the best path to take. Asbestos claims can take months to be processed, so you need a lawyer who understands the complexities of the case and how to get results.