Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs are pursuing individual lawsuits instead of the traditional class action. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos causes lung damage and disease. It can take several years for mesothelioma patients to develop the disease due to its 40-50 year latency time.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. It wasn't until the 1970s that federal and state courts began processing asbestos cases, after medical research linked exposure to asbestos with various illnesses, including mesothelioma, lung cancer, and other diseases such as asbestosis, pleural thickening, and plaques in the pleura.
Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but omitted or hid from these risks. Many asbestos-related companies filed for bankruptcy because of the lawsuits brought by the victims and their family members. Most of the companies who filed for bankruptcy set up asbestos trust funds to pay compensation to victims.
While the majority of asbestos-related claims settle out of court, a small percentage of cases are brought to trial. In these cases, judges tend to be skeptical of defense arguments of the defendants. They are often able to give substantial verdicts to the victims. Asbestos attorneys have successfully moved thousands of cases through the process of trial and obtained significant verdicts for mesothelioma patients.
The complex nature of asbestos lawsuits makes it difficult to win. In a lawsuit involving asbestos plaintiffs must prove that their illness was caused through exposure to the dangerous substance. This requires a complete database linking workers, their work sites as well as their employer's names, the products they used, suppliers and vendors. This can take many years, especially if the victim's work history is complex. Interviewing co-workers and family members Abatement employees suppliers, as well as other people who could be accountable may be required.
Expert witness testimony is also required to prove that asbestos-related illnesses have been a factor. These experts are usually doctors who have completed training in the diagnosis and pathology of asbestos-related illnesses, and have reviewed a patient's medical records. This is particularly important in the case of mesothelioma which can be difficult to diagnose.
The defendants can also try to discredit experts by pointing out their credentials or background. In recent years, defendants have been challenging the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos claims are different from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, a rare condition or other asbestos-related illnesses. These injuries are often caused by exposure to asbestos at certain work places, like shipyards, power stations and construction projects.
Contrary to other forms of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than separately. This allows victims and their families to file a single complaint against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal costs.
The first mesothelioma lawsuit was filed in 1927 by a seaman who had been exposed to asbestos while working on the deck of a British ship. The victim developed mesothelioma as a result of asbestos particles that he breathed in when constructing naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients like the Royal Navy.
A dock worker filed a case in the early 1990s, after developing mesothelioma from exposure to asbestos released by the factories in which he worked. The victim's spouse 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 were followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible (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 be sued for their products.
Lawyers representing a plaintiff in a lawsuit that involves asbestos must be aware of the complicated chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses, and identifying potential defendants. It is also important to ensure that the lawsuit is compliant with the federal and state laws that pertain to asbestos litigation. This includes the laws that govern asbestos disclosure procedures.
The most important step is to find an attorney who has experience with mesothelioma. A reputable law office will offer a free consult and examine the client's medical records related to asbestos in order to determine if they are eligible for a lawsuit against asbestos.
The Second Case
Asbestos sufferers have won significant settlements in court, and these are often more than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have been compensated for a variety of reasons that include the physical and psychological damages caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to suffer lung damage and disease than those who did not work with it.
As a result, a number of law firms that had years of experience in asbestos litigation filed massive mesothelioma cases in large numbers. This was a method for firms to earn a profit and gain recognition for their skills. This strategy was not beneficial to mesothelioma patients. Many of these firms took on more cases than they could handle and didn't offer the proper medical support and representation that mesothelioma sufferers deserve.
The defendants and insurance companies have employed various strategies to fight asbestos claims. For Arvada asbestos lawyers , argued that asbestos victims should be required prove that the asbestos they were exposed to was responsible for their condition. This was an attack on the concept of joint and multiple liability, which allows 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 vehemently against this strategy. They claimed that it was unfair to demand asbestos patients to prove the exact reason for their illness before they could recover damages. Additionally, it would dissuade victims from filing claims with reliable law firms and could force them to settle their case for less than they deserve.
In the final decision the House of Lords sided with the victims and rejected the arguments of insurers. However, this decision did not affect the massive amounts of money that was paid to asbestos victims by the insurance industry. This is why it is essential to choose an asbestos compensation law firm that is known for its expertise and skill. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also responsible for bringing the first-ever successful asbestos compensation claim to court in 1972.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases involve extremely serious injuries to those whose lives were irrevocably changed through exposure to a fatal carcinogen. Mesothelioma affects the tissues surrounding organs inside, including the lung. The cancer can also spread to the abdominal cavity, chest wall as well as the brain and heart. The cancer can take years to manifest, and sufferers are often left to endure the knowledge of their degenerative condition. Many who have been affected by asbestos have endured many financial burdens, because they've been forced to sell homes and pay medical bills and make other expensive changes to their lives.
In recent years, however many mesothelioma patients' families have taken to suing the manufacturers and suppliers of asbestos products. The law allows compensation to be sought even if a company has filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a number of these companies were forced to retire or shut down. But there's still a large number of plaintiffs who wish to sue those that remain. In fact, the number of new asbestos lawsuits has risen.
Some of these cases have been manipulated by certain attorneys to benefit their clients. A New York City judge recently changed a rule that had been in place for a number of years to prevent punitive damages in relation to mesothelioma lawsuits. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
Although this was a single instance, it has attracted the attention of many observers. Many people think this case is an indication of the fraudulent practices that are common in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which may help restore some balance to the system.
If you have been diagnosed with mesothelioma or another asbestos-related illness, there's no time to lose in seeking legal representation. The best mesothelioma attorneys will offer a free consultation to discuss your situation with you and determine the best strategy for you. Asbestos claims can take months to process, which is why you need a lawyer who knows the intricacies and the best way to achieve results.