Asbestos Litigation Cases - Individual Versus Class Action

In certain cases, plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits may provide more compensation for mesothelioma as well as other asbestos-related injuries.

Scientists have proven that asbestos exposure can cause lung disease and damage. It can take many years for mesothelioma sufferers to develop the disease because of its 40-50 year latency time.

The History of Asbestos Litigation

Asbestos suits are the longest running mass tort in U.S. history. It was not until the 1970s when state and federal courts began processing asbestos cases, after medical research found links between exposure to asbestos and various illnesses, including mesothelioma, lung cancer, and various other illnesses such as asbestosis, pleural thickening, and plaques in the pleura.

Many companies that mined asbestos, made asbestos products, and then sold asbestos products knew about the dangers but ignored or minimized the dangers. As a result, many asbestos-related companies were forced to close under the weight of lawsuits filed by families of victims. The majority of companies who filed for bankruptcy put asbestos trust funds to compensate victims.

A small number of asbestos-related cases are tried. When this happens judges are usually skeptical of defendants' arguments and often award large verdicts for victims. Asbestos lawyers have successfully navigated thousands of cases through the trial process and obtained significant verdicts for mesothelioma patients.

However, the complexity of an asbestos lawsuit can make it difficult to win. In an asbestos lawsuit plaintiffs must show that their illness is directly caused by exposure to the hazardous substance. This requires a database that links workers, their work locations as well as their employers, the products they used and their suppliers and vendors. This process could take several years, particularly if the victim's employment history is complicated. It could involve interviews with coworkers, family members and abatement workers, as well as suppliers, and other parties that could be involved in the case.

The evidence in an asbestos case also requires expert witness testimony to support claims of an asbestos-related illness. These experts are usually doctors who have completed training in the pathology and diagnosis of asbestos-related illnesses, and have analyzed a patient's medical records. This is especially important in the case of mesothelioma which is a difficult disease to detect.

Defendants may also attempt to discredit experts by attacking their credentials or qualifications. This is a worrying trend that has been noticed in recent years as defendants are increasingly challenging world-wide scientific consensus that asbestos causes mesothelioma and other diseases.

The First Case

Asbestos claims are different from other types of personal injury lawsuits. The lawsuits are based on an uncommon illness that is caused by breathing in tiny fibers, and later developing mesothelioma or another asbestos-related disease. These types of injuries are often caused by exposure to certain work sites, such as shipyards, power plants and construction projects.

In contrast to other types of civil litigation asbestos lawsuits are filed on a class-wide basis, rather than individually. This allows victims and their families to file a single complaint against multiple defendants and receive compensation from several sources of money, resulting in lower legal fees.

The first mesothelioma case was filed in 1927 by a seaman who was 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. The company made naval vessels for clients such as the Royal Navy.

A dock worker filed a lawsuit in the early 1990s after developing mesothelioma as a result of exposure to asbestos emitted by the 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 produced valves containing asbestos for oil drilling rigs, industrial processes and other industrial processes.

The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries to workers (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were notified that they could be sued for their products.

Lawyers for a plaintiff in an asbestos lawsuit need to be aware of 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 compliant with the federal and state laws that are relevant to asbestos litigation. This includes laws that govern asbestos disclosure procedures.

One of the most crucial steps is choosing an attorney who is specialized in mesothelioma lawsuits. A trusted law firm will provide an initial consultation for free and will review the client's asbestos-related medical records to determine if they are eligible for an asbestos lawsuit.

The Second Case

Asbestos victims have received significant payouts in court, which are often higher than what they would receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for various reasons including psychological and physical injuries caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to have lung disease and damage than those who didn't work with it.

In the end, many law firms with a wealth of experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a method to gain recognition and make money. This approach was not beneficial to mesothelioma sufferers. Many of these companies were able to handle more cases than they could handle and didn't offer the necessary medical support or representation that mesothelioma patients deserve.

The defendants and insurance companies have also employed other strategies to fight asbestos claims. For example, the insurance industry argued that asbestos sufferers must be required to prove the particular asbestos lawyer they were exposed to caused for their illness. This was a direct attack on the principle of joint and multiple liability, which allows a plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients and their attorneys were strongly opposed to this approach. They claimed that it was unfair to require asbestos patients to prove the cause for their illness before they can claim damages. In addition, it would dissuade people from filing claims with reputable law firms and potentially force them to settle their cases at a lower price than they should.

In the end the House of Lords sided with the victims and rejected the insurers' arguments. However, this decision did not affect the large amounts of money that was given to asbestos victims by the insurance industry. This is why it is crucial to select an asbestos compensation law firm that is known for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos claims than any other UK-based law firm. We also were responsible for the first asbestos compensation claim to the court in 1972.

The Third Case

Asbestos cases differ from other toxic tort cases because they result in serious injuries that have irrevocably changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a type of cancer that affects the tissues that surround internal organs such as the lung. The cancer can also spread to the abdominal cavity, chest wall, brain, and heart. Because the disease can take decades to manifest, patients must often live with the knowledge that their condition is fatal. Many of those who have been affected by asbestos have endured many financial hardship since they were forced to sell their homes and medical bills and make other costly changes to their lives.

In recent times, many families have sued asbestos product manufacturers and suppliers. This is because the law permits individuals to seek compensation for damages 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. There are still a lot of plaintiffs seeking to pursue the remaining companies. The number of asbestos lawsuits has actually increased.

Certain cases have been manipulated by certain lawyers to gain their clients. For example a judge from New York City recently made an order that reverses an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.

While this was only one case, it has drawn the attention of many observers. Many believe this case is a sign of the shady strategies that are now common in many asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial lawyers and politicians. This could help bring some stability to the system.

You should seek legal counsel immediately if diagnosed with mesothelioma or another asbestos-related disease. The top mesothelioma attorneys will provide you with a no-cost consultation to discuss your case and determine the best path to take. The process of submitting an asbestos claim can take several months, therefore it is crucial to engage an attorney who is familiar with the complexities involved and how to obtain results.