Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs choose to file individual lawsuits over class actions. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos can lead to lung damage and cause lung disease. It can take many years for mesothelioma sufferers to develop the disease because of the 40-50 year time frame of latency.
The History of Asbestos Litigation
Asbestos suits are the longest running mass tort in U.S. history. It wasn't until the 1970s that federal and state courts started taking asbestos cases into consideration, following medical research found links between exposure to asbestos and various illnesses, including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening, and plaques of the pleura.
Many companies who mined asbestos, produced asbestos products, and then sold asbestos products knew about the dangers but downplayed or ignored them. In the end, a number of asbestos-related companies were forced to close due to lawsuits brought by the families of victims. The majority of the companies who filed for bankruptcy put up asbestos trust funds to compensate victims.
A small number of asbestos-related cases are heard. If this happens, judges are often skeptical of defenses and will award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the court system and obtained significant verdicts on behalf of mesothelioma patients.
The complexity of an asbestos case makes it difficult to win. In a case involving asbestos plaintiffs must prove that their illness was directly caused by the company's exposure. This requires a thorough database of the workers, their workplaces as well as their employer's names, the products they used, their suppliers and vendors. The process of creating this information could take a long time, especially when a victim's employment history is complex. It could involve a thorough interview with coworkers relatives as well as abatement workers, suppliers and other parties who could be involved in the case.
Expert witness testimony is also needed to support claims that asbestos-related diseases have occurred. Often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases, and who have examined the medical records of an individual. This is especially crucial in mesothelioma cases where the disease can be extremely difficult to detect.
Defendants may also attempt to discredit experts by attacking their background or their professional qualifications. This is a troubling pattern that has been seen in recent years, as defendants are increasingly challenging the global scientific consensus that asbestos causes mesothelioma as well as other illnesses.
The First Case
Asbestos claims are different from other personal injury claims. Asbestos fibers inhalation can cause a rare disease called mesothelioma, or other asbestos-related diseases. These kinds of injuries are usually caused by exposure to certain work sites, such as shipyards, power plants and construction projects.
Asbestos lawsuits are filed in a class-wide manner, not individually. This allows victims and their families to file a single lawsuit against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal costs.
A seaman exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim contracted mesothelioma after inhaling asbestos-containing particles during the construction of ships at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.
A dock worker filed a case in the early 1990s following suffering from mesothelioma after exposure to asbestos released by the factories he worked in. The victim's widow filed a lawsuit against five companies that included Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs as well as other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any workers' injuries (Borel v. Medford asbestos attorneys ). The decision increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were notified that they could be sued for their products.
Lawyers representing plaintiffs in a lawsuit that involves asbestos must be aware of the complicated chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as well in identifying the potential defendants. It is also about making sure that the lawsuit is in compliance with the state laws and federal regulations that govern asbestos litigation, such as those that govern asbestos discovery procedures.
One of the most important actions is choosing an attorney who specializes in mesothelioma cases. A trusted law firm will provide an initial consultation for free and will 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 awards 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 a variety of reasons including the physical and psychological damages caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to suffer lung disease and damage than those who didn't work with it.
In the end, many law firms that had extensive experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This was a way for them to make a profit and be recognized for their skills. This strategy was not beneficial for mesothelioma patients. Many of these companies had more cases than they could handle, and didn't offer the proper medical support and representation that mesothelioma patients deserve.
The defendants and insurers also used other tactics in order to combat asbestos claims. For instance, argued that asbestos victims must show that the asbestos to which they were exposed to was responsible for their illness. This was an open challenge to the concept of joint and multiple liability, which allows one plaintiff to be held responsible for all damages resulting from exposure to asbestos by multiple defendants.
Mesothelioma patients as well as their attorneys were strongly against this strategy. They claimed that it was unfair to demand asbestos patients to prove the root reason for their illness before they could claim damages. This could deter patients from filing lawsuits with reputable law offices and force them to settle for less than the case is worth.
The House of Lords ultimately sided with the victims and rejected arguments of insurers. This ruling did not impact the huge sums of money that insurance companies pay to asbestos victims. This is why it is crucial to select an asbestos compensation law firm that is known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos compensation cases than any other UK-based law firm. We also were responsible for bringing the first-ever successful asbestos compensation case to court in 1972.
The Third Case
Asbestos cases differ from other toxic tort cases because they involve serious injuries that have forever changed the lives of those who were exposed to a dangerous carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lungs. The cancer can also be spread to the abdominal cavity as well as the chest wall, heart, and even the brain. The disease can take years to manifest, and sufferers are often forced to endure the knowledge of their degenerative condition. Asbestos has caused financial difficulties for asbestos-related victims, who have had to sell their homes, pay medical expenses, and make other expensive adjustments to their lives.
In recent years, however many families of mesothelioma victims have resorted to suing asbestos-related companies and suppliers. products. This is because the law allows individuals to seek damages compensation even after their companies have filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, a number of these businesses were forced to close or close. But there's still a large number of plaintiffs who wish to sue those who remain. The number of asbestos lawsuits has actually increased.
Some of these cases have been manipulated by certain attorneys to gain their clients. A New York City judge recently changed a rule that had been in place for many years against punitive damages when it comes to mesothelioma lawsuits. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.
Although it was a single instance, it has drew the attention of many observers. Many people think the case is an indication of the fraudulent practices that are typical in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver attracted more attention to the ties between trial lawyers and politicians. This may help to bring some stability to the system.
You should seek legal counsel immediately if you have been diagnosed as having mesothelioma, or any other asbestos-related disease. The best mesothelioma attorneys will offer a no-cost consultation to discuss your situation with you and decide on the best course-of-action. Asbestos claims can take several months to process, which is why you need an attorney who knows the intricacies and the best ways to achieve results.