Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs choose to file individual lawsuits over group actions. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related injuries.
Researchers have discovered that asbestos exposure causes lung damage and disease. It could take a long time for mesothelioma sufferers to develop the disease due to the 40-50 year time frame of latency.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass tort in U.S. history. It wasn't until the 1970s that state and federal courts began processing asbestos cases, after medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and other diseases like asbestosis, pleural thickening and pleural plaques.
Many companies that mined, manufactured and sold asbestos products were aware of the dangers, but ignored or hid from these dangers. Many asbestos companies declared bankruptcy due to the lawsuits brought by victims and family members. The majority of the companies that filed for bankruptcy set asbestos trust funds in order to pay victims.
While the vast majority of asbestos-related claims settle out of court, a small amount of cases go to trial. In these cases, judges tend to be skeptical of the defendants' arguments. They often give large verdicts to victims. Asbestos attorneys have successfully moved thousands of cases through the trial process and secured significant verdicts for mesothelioma victims.
The complex nature of asbestos lawsuits is what makes it difficult to win. In a case involving asbestos plaintiffs must prove that their illness was directly caused through exposure to asbestos by the company. This requires a complete database linking workers, their work sites, their employer's names, products they used, suppliers and vendors. The process of creating this information could take a long time especially if a victim's work history is complicated. Interviewing family members, coworkers Abatement employees suppliers, and other parties that could be accountable may be required.
Expert witness testimony is needed to support claims that asbestos-related diseases have occurred. These expert witnesses are often 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 mesothelioma cases where the disease can be extremely difficult to detect.
Defense lawyers can also attempt to discredit experts by pointing out their qualifications or background. This is a troubling trend that has been noticed in recent years as defendants are increasingly challenging the global scientific consensus that asbestos is the cause of mesothelioma and other illnesses.
The First Case
Asbestos claims differ from other personal injury claims. Asbestos fibers inhalation can cause mesothelioma, a rare condition, or other asbestos-related diseases. These injuries are often caused by exposure to asbestos at certain work places, like shipyards, power stations and construction projects.
Asbestos lawsuits are filed in a group-wide manner and not separately. This permits plaintiffs to bring a lawsuit against multiple defendants and receive compensation from different sources.
A seamstress exposed to asbestos on a British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma after inhaling asbestos particles emitted during the construction of ships at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients.
A dock worker filed a case in the early 1990s following developing mesothelioma from exposure to asbestos released by factories where he was employed. 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 drilling rigs, industrial processes and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely liable (Borel v. Fibreboard) for any injuries to workers. The decision led to an increase in asbestos-related lawsuits. As a result, asbestos manufacturers were put on notice that they could face litigation for their products.
Lawyers representing a plaintiff in a suit involving asbestos must be aware of the complicated chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as as identifying potential defendants. It is also essential to ensure that the lawsuit is in compliance with the federal and state laws that relate to asbestos litigation. This includes those that regulate asbestos disclosure procedures.
One of the most important steps is to choose an attorney who is specialized in mesothelioma lawsuits. A reliable law firm will provide an initial consultation for free and will review the client's asbestos-related medical records to determine eligibility for a lawsuit involving asbestos.
The Second Case
Asbestos patients have received substantial payouts in court, and these are often more than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have been awarded compensation for various reasons including psychological and physical damage caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer from lung disease and lung damage than those who do not work with asbestos.
As a result, many law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. This allowed firms to earn money and be recognized for their expertise. This method was not helpful for mesothelioma patients. Many of these companies were able to handle more cases than they could handle, and did not provide the proper medical support and representation that mesothelioma sufferers deserve.
Insurance companies and defendants employed other strategies to stop asbestos claims. For example, the insurance industry argued that asbestos sufferers should be required to prove the particular asbestos they were exposed to caused for their illness. This was a direct challenge to the concept of joint and multiple liability, which permits one plaintiff to be held liable for all damages that result from exposure to asbestos caused 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 patients to prove the reason for their condition before they could claim damages. This could deter patients from bringing cases with reliable law firms and make them settle for less than their case is worth.
The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the massive 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 renowned for its skill and expertise. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Asbestos lawsuits differ from the majority of toxic tort suits because they result in serious injuries that have irrevocably altered the lives of people who asbestos litigation meaning were exposed to a dangerous carcinogen. Mesothelioma is a form of cancer that affects the tissues that surround internal organs such as the lungs. The cancer can also be spread to the abdominal cavity as well as the chest wall, heart, and even the brain. Because the disease can be a long time to manifest, victims have to live with the knowledge that their condition is terminal. Many of those who have been affected by asbestos have experienced a great deal of financial burdens, because they've been forced to sell homes and pay medical bills and make other expensive adjustments to their lives.
In recent years, however, numerous families of mesothelioma sufferers have taken to suing the manufacturers and suppliers of asbestos products. This is due to the fact that the law allows people to seek compensation for damages even after their companies have filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, many of these businesses were forced to close or shut down. There are still many plaintiffs seeking to bring legal action against the remaining companies. In fact the number of new asbestos lawsuits has risen.
Certain cases have been manipulated by certain attorneys to benefit their clients. A New York City judge recently overturned a policy that was in effect for a number of years to prevent punitive damages in relation to mesothelioma cases. This was on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma victims.
This was only one instance, but it caught the attention of many. Many believe the case is a good indication of the fraudulent practices that are typical in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which may help bring balance to the system.
If you have been diagnosed with mesothelioma or an asbestos-related illness, there's no reason to delay seeking legal advice. The best mesothelioma attorneys will provide a no-cost consultation in order to discuss your situation with you and determine the best course-of-action. The process of filing an asbestos claim can take a few months, so it is vital to engage an attorney who understands the intricacies involved and knows how to achieve results.