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Asbestos Litigation Cases: A Simple Definition
Asbestos Litigation Cases - Individual Versus Class Action

In certain cases, plaintiffs are pursuing individual lawsuits instead of an action in a group. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma.

Researchers have discovered that exposure to asbestos can lead to lung damage and cause lung disease. It can take many years for mesothelioma sufferers to develop the disease due to its 40-50 year latency time.

The History of Asbestos Litigation

Asbestos lawsuits are 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 identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and other diseases such as asbestosis, pleural thickening, and plaques of the pleura.

Many companies that mined asbestos, made asbestos products, and supplied asbestos products knew about 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 companies that filed for bankruptcy created asbestos trust funds to compensate to victims.

A small number of asbestos-related cases are tried. When this happens, judges are often skeptical of the defense and often award large verdicts for victims. Asbestos lawyers have been able to successfully move thousands cases through the court system and have secured significant verdicts for mesothelioma sufferers.

However, the complexities of an asbestos case can make it difficult to win. In asbestos litigation paralegal must prove that their illness is directly caused through exposure to the hazardous substance. This requires a database that links workers, their work locations and employers, as well as the products they used and their suppliers and vendors. This can take many years, especially if a victim's employment history is complicated. Interviewing family members, coworkers, abatement employees suppliers, as well as other parties who could be responsible may be required.

The evidence in an asbestos case also requires expert witness testimony to back claims of asbestos-related illness. Often, these expert witnesses are physicians with training in the pathology of asbestos-related diseases and who have analyzed the medical records of an individual. This is especially important in mesothelioma-related cases, as the disease is often difficult to diagnose.

The defendants may also try to discredit experts by arguing their backgrounds or professional qualifications. In recent time defendants have challenged the scientific consensus that mesothelioma is caused by asbestos.

The First Case

Asbestos lawsuits differ from other personal injury claims. Asbestos fibers inhalation can cause mesothelioma, a rare condition or other asbestos-related illnesses. These kinds of injuries are usually caused by exposure at certain job sites, including power plants, shipyards, 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 to bring a lawsuit against multiple defendants, and receive compensation from different sources.

The first mesothelioma claim was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim developed mesothelioma after inhaling asbestos-containing particles during the construction of vessels at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.

Another case that was filed by a dock worker who was diagnosed with mesothelioma as a result of exposure to asbestos from the factories where he 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 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 found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits, and asbestos manufacturers were put on notice that they could face litigation for their products.

Lawyers for the plaintiff in an asbestos lawsuit need to be aware of the complex 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.

One of the most important steps is to choose an attorney who specializes in mesothelioma cases. A reputable law office will offer a no-cost consultation and review the medical records of the client related to asbestos to determine whether they are eligible for a asbestos lawsuit.

The Second Case

Asbestos sufferers have gotten significant court awards. These awards are often greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for various reasons that include the physical and psychological damages caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to develop lung disease and damage than those who didn't work with asbestos.


As a result, many law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This was a method for firms to earn a profit and be recognized for their skills. But, this method did not serve mesothelioma sufferers well. These companies took on more cases than they were able to handle and didn't provide the medical assistance and representation mesothelioma sufferers deserve.

The defendants and insurance companies also used other tactics to stop asbestos claims. For instance, believed that asbestos victims should be required show that the asbestos to which they were exposed to was the cause for their health. This was a direct attack on the concept of joint-and-several liability, which permits the plaintiff to be held responsible for all damages resulting from exposure to asbestos by multiple defendants.

Mesothelioma patients as well as their attorneys were vehemently opposed to this approach. They claimed that it was unfair to require asbestos victims to prove the exact reason for their condition before they can claim damages. In addition, it would discourage people from filing claims with reputable law firms and potentially force them to settle their claims with less than what they are entitled to.

In the end the House of Lords sided with the victims, and rejected the insurers' arguments. This ruling did not impact the massive sums paid by the insurance industry to asbestos victims. This is why it is essential to choose an asbestos compensation law firm that is well-known for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos compensation cases than any other law firm. We were also responsible for the first asbestos compensation case to court in 1972.

The Third Case

Contrary to the majority of toxic tort lawsuits, asbestos cases result in severe injuries to people who's lives were permanently altered through exposure to a fatal carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lung. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. Since the disease can take decades to manifest, victims are often faced in the knowledge that their condition is terminal. Asbestos has caused financial hardship for asbestos-related victims who have had to sell their homes, pay for medical expenses, and make other expensive adjustments to their lives.

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

Many of these firms have been forced to shut down and retire after paying billions in settlements to asbestos victims. However, there are a lot of plaintiffs looking to sue those that remain. The number of asbestos-related lawsuits has actually increased.

Certain cases have been manipulated by certain lawyers to gain their clients. A New York City judge recently reversed a policy that was in place for a long time against punitive damages related to mesothelioma lawsuits. This was done at the request of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients.

This was only one instance, but it drew the attention of many. Many people think this case is an indicator of the unsavory practices that are typical in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver brought more attention to the ties between trial lawyers and politicians. This may help to bring some stability to the system.

You should seek legal counsel immediately if you've been diagnosed with mesothelioma or another asbestos-related illness. The most reputable mesothelioma attorneys will offer a free consultation in order to discuss your situation with you and decide on the best way to proceed. The process of submitting an asbestos claim can take a few months, therefore it is vital to choose an attorney who understands the intricacies involved and knows how to achieve results.

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