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The 3 Greatest Moments In Asbestos Litigation Cases History
Asbestos Litigation Cases - Individual Versus Class Action

In some cases, plaintiffs prefer to pursue individual lawsuits rather than collective actions. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related injuries.

Scientists have proven that asbestos exposure can cause lung disease and damage. Because mesothelioma sufferers have a latency period of 40-50 years, it could take an extended time for patients to develop their illness.

The History of Asbestos Litigation

Asbestos lawsuits are the longest-running mass torts in U.S. history. Federal and state courts first began to handle asbestos cases in the 1970s after medical research connected asbestos exposure to diseases such as mesothelioma and lung cancer.

Many companies that mined asbestos, manufactured asbestos products, and then sold them knew the dangers but ignored or minimized the dangers. Many asbestos-related companies filed for bankruptcy due to lawsuits filed by the victims and their family members. Most of the companies who filed for bankruptcy set up asbestos trust funds to compensate to the victims.

Although the vast majority of asbestos-related claims are settled out of court, a small percentage of cases are brought to trial. In these cases, judges tend 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 trial process and have secured significant verdicts for mesothelioma patients.

However, the complexities of an asbestos case can make it difficult to win. In an asbestos lawsuit plaintiffs must show that their illness is directly caused by exposure to the dangerous substance. This requires a comprehensive database linking workers, their job sites, their employer's names, the products they used, their suppliers and vendors. This process could take several years, especially if a victim's work history is complex. Interviewing family members and coworkers, abatement employees suppliers, as well as other parties who could be accountable may be necessary.

Expert witness testimony is required to support claims that asbestos-related illnesses have been a factor. These expert witnesses are often physicians who have received training in the diagnosis and pathology of asbestos-related illnesses, and have analyzed the medical records of patients. This is particularly important in mesothelioma-related cases, as the disease is often difficult to detect.

The defendants can also try to discredit experts through their credentials or background. In recent time defendants have questioned the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos cases are unique from other personal injury claims. The lawsuits involve an uncommon illness that is caused by breathing in microscopic fibers and subsequently developing mesothelioma or a different asbestos-related disease. These injuries typically result by exposure to asbestos at certain work sites, such as power stations, shipyards 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 plaintiffs to bring a lawsuit against multiple defendants, and to receive compensation from a variety of sources.

The first mesothelioma claim was filed in 1927 by a seaman exposed to asbestos while working on an British ship. The victim contracted mesothelioma from asbestos particles inhaled during the fabrication of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients, including the Royal Navy.

A dock worker filed a lawsuit in the early 1990s after developing mesothelioma as a result of exposure to asbestos released by factories he worked in. The victim's widow filed a lawsuit against five companies that included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs 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 suffered by workers (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits, and asbestos manufacturers were warned that they could face litigation for their products.

Lawyers representing plaintiffs in a suit involving asbestos must be aware of the complicated chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnosis, and identifying potential defendants. It also requires ensuring that the lawsuit complies with federal and state laws. regulations that govern asbestos litigation , such as the asbestos discovery procedures.

One of the most important actions is choosing an attorney that specializes in mesothelioma lawsuits. A reputable law firm will provide a no-cost consultation and review the medical records of the client related to asbestos in order to determine whether they are eligible for a lawsuit against asbestos.

The Second Case

Asbestos sufferers have gotten significant settlements in court. These awards are often greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have received compensation for various reasons, including the psychological and physical harm caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer lung diseases and lung damage than those who don't 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. This was a method for them to make a profit and gain recognition for their skills. This approach was not beneficial to mesothelioma sufferers. Many of these companies took on more cases than they could handle, and did not provide the necessary medical support or representation that mesothelioma patients need.

The defendants and insurers also used other tactics to fight asbestos claims. For instance, believed that asbestos victims should be required to show that the asbestos to which they were exposed to was the cause for their condition. This was an open challenge to the concept of joint and multiple liability, which allows a single plaintiff to be held liable for all damages resulting from exposure to asbestos caused by multiple defendants.

Mesothelioma patients as well as their attorneys were strongly against this strategy. They argued that it was unfair to insist that asbestos patients to prove the reason for their illness before they could recover damages. Additionally, it would hinder people from filing claims with reliable law firms and could make them settle their cases at a lower price than they should.

In the final decision, the House of Lords sided with the victims and rejected the arguments of insurers. However, this ruling did not affect the huge amounts of money that was paid to asbestos victims by the insurance industry. It is important to choose an asbestos compensation company with a good reputation for expertise and skill. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also responsible for the first ever successful asbestos compensation claim to court in 1972.

The Third Case

Asbestos lawsuits differ from most toxic tort suits because they result in serious injuries that have forever affected the lives of those who were exposed to a deadly carcinogen. Mesothelioma is a cancer of the tissues around organs inside, including the lungs. The cancer can also spread to the abdominal cavity, chest wall, brain, and heart. The cancer can take years to manifest and victims are often left to be aware of their degenerative condition. Many of those who have been affected by asbestos have experienced many financial hardship since they were forced to sell their homes and medical bills and make other costly adjustments to their lives.

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

After paying billions of dollars in settlements to asbestos victims, a number of these companies were forced to shut down or shut down. There are still a lot of plaintiffs who wish to sue the remaining companies. The number of asbestos lawsuits has actually increased.

Some of these cases are being used to benefit certain lawyers and their clients. For instance, a judge in New York City recently made an order that reversed a longstanding policy against punitive damages in mesothelioma lawsuits. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma victims.

Although it was a single instance, it has drew the attention of many observers. Many people believe the case is an indication of the deceitful methods that have become a regular feature in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the links between trial lawyers and politicians, which may help bring balance to the system.

You should seek legal counsel immediately if you have been diagnosed as having 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. Asbestos claims can take a long time to be processed, so you require an attorney who is knowledgeable about the complexities and the best ways to achieve results.

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