Asbestos Litigation Cases - Individual Versus Class Action

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

Researchers have discovered that asbestos exposure causes lung damage and diseases. Since mesothelioma is a disease with a latency period of 40-50 years, it may take an extended time for patients to develop the disease.

The History of Asbestos Litigation

Asbestos suits are the longest-running mass torts in U.S. History. It was not until the 1970s that federal and state courts began taking asbestos cases into consideration, following medical research linked exposure to asbestos with various illnesses, including mesothelioma, lung cancer, and various other illnesses such as asbestosis, pleural thickening and plaques of the pleura.

Many companies that mined asbestos, manufactured asbestos products, and then sold asbestos products were aware of the dangers, but hid or brushed them aside. As a result, numerous asbestos-related companies were forced to close due to lawsuits filed by victims and their families. The majority of the companies that filed for bankruptcy set asbestos attorneys trust funds to compensate victims.

Although the vast majority of asbestos-related claims are settled out of court, a small amount of cases go to trial. When this happens judges are usually skeptical of defenses and often award large verdicts to the victims. Asbestos lawyers have successfully pushed thousands cases through the court system and obtained significant verdicts on behalf of mesothelioma sufferers.

The complexity of asbestos cases is what makes it difficult to win. In an asbestos-related case, plaintiffs have to prove that their illness was directly triggered by exposure to asbestos in the workplace. This is a requirement for a database that ties workers, their workplaces as well as their employers, the products they used, and their suppliers and vendors. The process of developing this information can take years, especially when a victim's employment history is complex. It could involve interviews with coworkers or family members as well as abatement workers, suppliers, and other parties that might be responsible.

Expert witness testimony is needed to support claims that asbestos-related illnesses have occurred. Often, these expert witnesses are doctors with training in the asbestos-related pathologies and who have reviewed the medical records of an individual. This is particularly important in the case of mesothelioma which is a difficult disease to detect.

The defendants may also try to discredit experts by arguing their backgrounds or professional qualifications. This is a worrying 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 diseases.

The First Case

asbestos lawyer claims are different from other personal injury claims. Inhaling asbestos fibers can lead to a rare disease called mesothelioma, or other asbestos-related diseases. These kinds of injuries are often caused by exposure at certain job sites, including shipyards, power plants and construction projects.

Asbestos lawsuits are filed in a class-wide manner and not in a single instance. This permits plaintiffs to bring an action against several defendants, and receive compensation from a variety of sources.

The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim developed mesothelioma as a result of asbestos particles that he breathed in during the construction of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients such as the Royal Navy.

Another early case was filed by a dock worker who developed mesothelioma after exposure to asbestos attorneys emitted from the factories where the worker worked. The victim's wife filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both made asbestos-containing valves for oil rigs, industrial processes, and other industrial processes.

Other cases followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly liable (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of asbestos-related lawsuits, and asbestos manufacturers were notified that they could face litigation for their products.

Lawyers for the plaintiff in an asbestos lawsuit have to comprehend the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also crucial to ensure that the lawsuit is in line with federal and state laws that relate to asbestos litigation. This includes laws that regulate asbestos disclosure procedures.

The most important step is to find an attorney with experience in mesothelioma. A reliable law firm will provide an initial consultation for free and will 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 sufferers have won significant payouts in court, and these are often higher than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have been awarded compensation for a variety of reasons, including physical and psychological harms caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer lung disease and lung damage than those who do not work with it.

In this way, a variety of law firms that had extensive experience in asbestos litigation filed huge mesothelioma lawsuits. This was a way for firms to earn money and gain recognition for their expertise. But, this method did not serve mesothelioma sufferers well. Many of these firms had more cases than they could handle and didn't offer the necessary medical support or representation that mesothelioma patients need.

Insurance companies and defendants have also employed other strategies to combat asbestos claims. For example the insurance industry argued that asbestos sufferers must be required to prove the specific asbestos they were exposed to caused for their condition. This was an attack on the principle of joint and several liability, which allows a single plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants.

Mesothelioma patients and their lawyers were strongly opposed to this method. They claimed that it was unfair to require asbestos sufferers to prove the exact reason for their condition before they could recover damages. Additionally, it could discourage patients from submitting claims to reputable law firms and potentially make them settle their case at a lower price than they should.

In the end the House of Lords sided with the victims, and rejected the arguments of insurers. The decision did not affect the large sums of money paid by the insurance industry to asbestos victims. It is essential to choose an asbestos compensation firm that has a reputation for competence and expertise. Thompsons Solicitors have handled and won more asbestos claims than any other UK-based law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case.

The Third Case

In contrast to most toxic tort lawsuits, asbestos cases result in extremely serious injuries to those who's lives were permanently altered due to exposure to a dangerous carcinogen. Mesothelioma affects tissues that surround organs inside, including the lungs. Cancer can also spread into the abdominal cavity, chest wall and even the brain. The disease can take a long time to develop and victims are often forced to endure the knowledge of their degenerative condition. Many of those who have been affected by asbestos have endured many financial hardship because they've been forced to sell their homes, pay medical bills, and make other expensive changes to their lives.

In recent times numerous families have filed lawsuits against asbestos-related companies and suppliers. This is because the law allows individuals to seek compensation for damages even after their businesses have filed for bankruptcy.

Many of these firms have been forced to shut down and retire after paying out billions in settlements to asbestos victims. There are still a lot of plaintiffs who wish to pursue the remaining companies. In fact the number of new asbestos lawsuits has increased.

Certain cases have been manipulated by certain lawyers to benefit their clients. For example a judge in New York City recently made an order that reversed an old policy of not allowing punitive damages in mesothelioma lawsuits. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.

This was a single instance, but it caught the attention of many. Many believe this case is an indicator of the shady practices that are typical in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver attracted more attention to the connections between trial lawyers and politicians. This may help to create some balance in the system.

You should seek legal representation immediately if you have been diagnosed with mesothelioma or another asbestos-related disease. The best mesothelioma attorneys will provide a no-cost consultation to discuss your case with you and decide on the best way to proceed. The process of submitting an asbestos claim can take many months, therefore it is crucial to engage an attorney who is familiar with the complexities involved and how to achieve results.