Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proved that asbestos exposure can cause lung disease and damage. It could take a long time for mesothelioma victims to develop the disease because of 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 was not until the 1970s that state and federal courts began processing asbestos cases, after medical research linked exposure to asbestos with various diseases including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening and plaques in the pleura.
Many companies who mined asbestos, produced asbestos-based products, and sold asbestos products knew about the dangers but downplayed or ignored them. Many asbestos companies filed for bankruptcy because of the lawsuits filed by victims and family members. The majority of companies that filed for bankruptcy set up asbestos trust funds to pay compensation to the victims.
A small percentage of asbestos-related cases are tried. In these cases judges are usually skeptical of the defense and often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands cases through the court system and obtained significant verdicts on behalf of mesothelioma patients.
The complex nature of asbestos lawsuits makes it difficult to win. In a lawsuit for asbestos plaintiffs must prove that their illness was caused by exposure to the hazardous substance. This requires a complete database linking workers, their workplaces, their employer's names, the products they used, their suppliers and vendors. The process of constructing this information can take years especially if a victim's work history is complicated. Interviewing co-workers and family members Abatement employees, suppliers, and other people who might be responsible could be required.
The evidence in an asbestos case requires expert witness testimony to back claims of asbestos-related illness. These experts are usually physicians who have received training in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of patients. This is particularly important for mesothelioma cases, which is a difficult disease to identify.
Defendants can also try to discredit experts based on their background or qualifications. In recent times, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits are distinct from other types of personal injury claims. The lawsuits are based on an uncommon disease that's caused by inhaling the tiny fibers, and later developing mesothelioma or another asbestos-related disease. These injuries typically result by exposure to asbestos in certain work places, like power stations, shipyards, and construction projects.
Contrary to other forms of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than being filed individually. This allows victims and their families to file a single suit against multiple defendants and receive compensation from several sources of funds, resulting in lower legal fees.
The first mesothelioma case was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim contracted mesothelioma from asbestos dust inhalation when constructing naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients like the Royal Navy.
Another case was filed by a dock worker who developed mesothelioma as a result of exposure to asbestos emissions from the factories in which he worked. The widow of the victim filed a lawsuit against five companies which included Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries suffered by workers (Borel v. Fibreboard). The ruling increased the number of asbestos-related claims, putting asbestos manufacturers on notice that they might be sued over their products.
Lawyers for the plaintiff in an asbestos lawsuit need to comprehend 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 federal and state laws. regulations pertaining to asbestos litigation, including the ones that govern asbestos discovery procedures.
The most important step is to locate an attorney who has expertise in mesothelioma. 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 whether they are eligible for a lawsuit involving asbestos.
The Second Case
Asbestos patients have received substantial awards in the courts, which are usually higher than what they would receive from a mesothelioma settlement offer 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 develop lung disease and damage than those who did not work with it.
In this way, a variety of law firms with years of experience in asbestos litigation filed huge mesothelioma cases in large numbers. It was a way to get noticed and make money. But, this method did not benefit mesothelioma patients well. Many of these firms took on more cases than they could handle and did not provide the appropriate medical support and representation that mesothelioma sufferers deserve.
The defendants and insurance companies have employed various strategies to combat asbestos claims. For example, argued that asbestos victims must show that the asbestos to which they were exposed was responsible for their condition. This was a direct assault on the concept of joint-and-several liability, which permits the plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants.
This idea was met with a fierce restraining from mesothelioma sufferers and their lawyers, who argued that it would be unfair for asbestos patients to have to prove the cause of their condition in order to be able to claim damages. In addition, it would discourage victims from filing claims with legal firms that are reputable and force them to settle their claims with less than what they are entitled to.
In the final decision the House of Lords sided with the victims, and rejected the insurers' arguments. However, this decision did not affect the massive sums of money given to asbestos victims by the insurance industry. This is why it is essential to choose an asbestos compensation law firm that is renowned for its skill and expertise. 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.
Mount Vernon asbestos lawsuits differ from most toxic tort suits because they cause serious injuries that have permanently affected the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lungs. The cancer can also spread to the chest wall, abdominal cavity, brain, and heart. Since the disease can take decades to manifest, victims must often live with the knowledge that their condition is fatal. Many who have been affected by asbestos have experienced a great deal of financial hardship as they have been forced to sell their homes, 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 asbestos-related companies and suppliers. products. This is because the law allows individuals to seek compensation for their losses even after their businesses have filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, many of these companies were forced to retire or shut down. But there's still a large number of plaintiffs looking to sue those that remain. The number of asbestos claims has actually increased.
Certain cases have been manipulated by certain attorneys to benefit their clients. For example, a judge in New York City recently made an order that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was at the request of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma victims.
Although this was a single case, it has drawn the attention of many observers. Many people think the case is a good indicator of the unsavory practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver attracted more attention to the ties between trial attorneys and politicians. This could help bring some balance to the system.
You should seek legal representation immediately if you've been diagnosed with mesothelioma or another asbestos-related illness. The most effective mesothelioma lawyers will provide a no-cost consultation in order to discuss your case with you and determine the best strategy for you. The process of filing an asbestos claim can take a few months, so it is crucial to work with an attorney who understands the complexities involved and knows how to get results.