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From Around The Web: 20 Fabulous Infographics About Asbestos Litigation Cases
Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs would prefer to file individual lawsuits over group actions. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related injuries.

Researchers have discovered that exposure to asbestos causes lung damage and disease. It could take a long time for mesothelioma victims to develop the disease because of its 40-50 year latency period.

The History of Asbestos Litigation

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

Many companies that mined, manufactured and sold asbestos products were aware of the dangers, but ignored or downplayed these risks. Many asbestos companies filed for bankruptcy due to lawsuits filed by the victims and their family members. The majority of the companies that declared bankruptcy set up asbestos trust funds to pay victims.

Although the vast majority of asbestos-related lawsuits settle out of court, a small amount of cases go to trial. In these cases, judges tend be skeptical of the defendants' arguments. They are often able to give substantial verdicts to the victims. Asbestos lawyers have successfully moved thousands of cases through the court process and have secured significant verdicts on behalf of mesothelioma patients.

The complexity of an asbestos case makes it difficult to win. In an asbestos-related case plaintiffs must demonstrate that their illness was directly triggered through exposure to asbestos by the company. This requires a complete database of the workers, their work sites, their employer's names, products they used, their suppliers and vendors. The process of creating this information can take years, especially when a victim's work history is complicated. Interviewing family members and coworkers Abatement employees suppliers, as well as other parties that could be accountable may be necessary.

Expert witness testimony is required to prove that asbestos-related illnesses have occurred. The majority of these experts are doctors who have been trained in the pathology of asbestos-related diseases and who have examined an individual's medical records. This is particularly important in mesothelioma-related cases, as the disease is often difficult to identify.

Defendants can also try to discredit experts based on their credentials or background. In recent time, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos lawsuits are distinct from other types of personal injury lawsuits. Inhaling asbestos fibers can lead to a rare disease called mesothelioma, or other asbestos-related diseases. These injuries usually result from exposure to asbestos in certain work places, like shipyards, power stations and construction projects.

Asbestos lawsuits are filed in a class-wide manner and not separately. This permits victims to bring an action against several defendants, and to receive compensation from different sources.

The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on the deck of a British ship. The victim was diagnosed with mesothelioma due to asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients, including the Royal Navy.

A dock worker filed a claim in the early 1990s following developing mesothelioma as a result of exposure to asbestos released by factories in which he worked. The widow of the victim filed a lawsuit against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes.

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

Lawyers for a plaintiff in an asbestos lawsuit need to be aware of the complex chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as as identifying the potential defendants. It is also about making sure that the lawsuit is compliant with federal and state laws. regulations pertaining to asbestos litigation, including the asbestos discovery procedures.

The most important step is to find an attorney who has experience with mesothelioma. A trusted law firm will provide a free consultation and review the client's asbestos-related medical records to determine eligibility for a lawsuit involving asbestos.

The Second Case


Asbestos patients have received substantial awards in court, and these are often higher than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for various reasons, including the psychological and physical harm caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer lung diseases and lung damage as compared to those who do not work with it.

This is why a number of law firms that had extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a way to get noticed and make money. This approach was not beneficial for mesothelioma patients. The firms were able to take on more cases than they were able to handle and did not offer the medical assistance and representation that mesothelioma sufferers need.

Insurance companies and defendants have also employed other strategies to fight asbestos claims. For instance the insurance industry claimed that asbestos sufferers should be required to prove the particular asbestos they were exposed to was responsible for their condition. This was a direct attack on the concept of joint-and-several liability, which permits a plaintiff to be held accountable for all damages resulting from exposure to asbestos by multiple defendants.

Mesothelioma patients and their attorneys were vehemently against this strategy. They argued that it was unfair to insist that asbestos victims to prove the root cause for their illness before they can claim damages. Additionally, it could hinder victims from filing claims with reliable law firms and could make them 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. The ruling did not affect the huge sums of money that insurance companies pay to asbestos victims. This is why it is important to choose an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also the ones responsible for bringing before the court the first successful asbestos compensation case.

The Third Case

Asbestos lawsuits differ from most toxic tort suits because they cause serious injuries that have irrevocably affected the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a kind of cancer that affects tissues surrounding internal organs such as the lung. It can also spread to the chest wall, abdominal cavity, brain, and heart. Because the disease may take years to manifest, victims must often live in the knowledge that their condition is fatal. Asbestos has caused financial hardship for many asbestos sufferers who had to sell their homes, pay for medical expenses, and make other expensive changes to their lives.

In recent years, however, many families of mesothelioma victims have taken to suing the asbestos-related companies and suppliers. products. The law allows for compensation to be sought even if a company has filed for bankruptcy.

Many of these companies have been forced to retire and close after paying out billions in settlements to asbestos victims. There are still a lot of plaintiffs seeking to bring legal action against the remaining companies. In fact the number of asbestos lawsuits has risen.

Certain cases are being used to benefit certain attorneys and their clients. A New York City judge recently overturned a policy that was in place for a long time against punitive damages in relation to mesothelioma cases. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.

This was only one instance, but it attracted the attention of many. Many people believe the case is an indicator of the fraudulent strategies that are now common in many asbestos lawsuits. asbestos litigation meaning that afflicted former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which could help restore some balance to the system.

You should seek legal counsel immediately if diagnosed as having mesothelioma, or another asbestos-related disease. The most reputable mesothelioma lawyers will give you a no-cost consultation to discuss your situation and determine the best way to proceed. Asbestos claims can take a long time to process, which is why you need a lawyer who understands the complexities of the case and the best way to achieve results.

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