Notes

11 "Faux Pas" That Are Actually OK To Make With Your Asbestos Litigation Cases
Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs choose to file individual lawsuits over collective actions. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related diseases.

Researchers have discovered that asbestos exposure can cause lung diseases and damage. Because mesothelioma has a latency time of 40-50 years, it can take an extended time for patients to develop their illness.

The History of Asbestos Litigation

Asbestos suits are the longest-running mass torts in U.S. history. It was not until the 1970s that state and federal courts began taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and other illnesses such as asbestosis, pleural thickening and pleural plaques.

Many companies that mined, made and supplied asbestos products knew of the dangers, but omitted or minimized the dangers. Many asbestos companies declared bankruptcy due to lawsuits filed by victims and their family members. The majority of companies that filed for bankruptcy created asbestos trust funds as compensation to victims.

While the vast majority of asbestos-related claims settle out of court, a small percentage of cases are brought to trial. In these cases judges are generally skeptical of the defense and will award large verdicts to the victims. Asbestos attorneys have successfully moved thousands of cases through the process of trial and have secured significant verdicts for mesothelioma patients.

However, the complexities of an asbestos case can make it difficult to be successful. In an asbestos case, plaintiffs have to prove that their condition was directly triggered by the company's exposure. This requires a complete database of the workers, their work sites as well as their employer's names, products they used, their suppliers and vendors. This process can take many years, especially if the victim's employment history is complex. Interviewing co-workers and family members, abatement employees, suppliers, and other people who could be responsible may be required.

The evidence in an asbestos case requires expert witness testimony to support claims of asbestos-related illness. These expert witnesses are often physicians who have received training in the pathology and diagnosis of asbestos-related illnesses, and have reviewed the medical records of patients. This is especially important in mesothelioma cases, where the disease can be extremely difficult to diagnose.

The defendants may also try to discredit experts by attacking their background or their professional qualifications. In recent times, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims are different from other types of personal injury lawsuits. The lawsuits involve an uncommon illness that is caused by inhaling the tiny fibers, and later developing mesothelioma or a different asbestos-related disease. These kinds of injuries are typically caused by exposure at certain work sites, such as power plants, shipyards, and construction projects.

In contrast to other types of civil litigation, asbestos lawsuits are filed on a class-wide basis rather than separately. This permits plaintiffs to file a lawsuit against multiple defendants, and receive compensation from various sources.


The first mesothelioma case was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim contracted mesothelioma from asbestos particles that he breathed in when constructing naval vessels at Harland and Wolff Plc. The company made naval vessels for clients, including the Royal Navy.

Another early case was filed by a dock worker who was diagnosed with mesothelioma as a result of exposure to asbestos emissions from the factories where the worker worked. 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 rigs, industrial processes, and other industrial processes.

The cases that followed were not the only ones. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they would be sued over their products.

Lawyers representing the 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 well as identifying potential defendants. It also involves making sure that the lawsuit is compliant with state laws and federal regulations that pertain to asbestos litigation, such as those that govern asbestos discovery procedures.

The most important step is to find an attorney with experience in mesothelioma. specializes in asbestos litigation will offer a no-cost consultation and review the client's medical records related to asbestos to determine whether they are eligible for an asbestos lawsuit.

The Second Case

Asbestos patients have received substantial payouts in court, which are often higher than what they would receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have received compensation for a variety of reasons including psychological and physical injuries caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to develop lung disease and damage than those who did not work with it.

As a result, a number of law firms that had vast experience in asbestos litigation filed large mesothelioma lawsuits. This was a way for firms to earn money and be recognized for their skills. This method was not helpful to mesothelioma sufferers. These firms took on many more cases than they could handle and did not offer the medical support and representation that mesothelioma sufferers need.

Insurance companies and defendants employed other strategies in order to combat asbestos claims. For example the insurance industry argued that asbestos sufferers should be required to prove the particular asbestos they were exposed to caused for their illness. This was a direct assault on the concept of joint-and-several liability, which permits the plaintiff to be held liable for all damages that result from asbestos exposure by multiple defendants.

Mesothelioma patients and their attorneys were strongly against this strategy. They claimed that it was unfair to insist that asbestos patients to prove the root reason for their illness before they could claim damages. Additionally, it could dissuade patients from submitting claims to reputable law firms and potentially force them to settle their claims for less than they deserve.

The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the huge sums of money paid to asbestos victims by the insurance industry. This is why it is essential to choose an asbestos compensation law firm that is well-known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos claims than any other UK-based law firm. We were also responsible in 1972 for bringing before the court the first asbestos compensation case that was successful.

The Third Case

Asbestos cases are different from the majority of toxic tort suits because they result in serious injuries that have forever altered the lives of people who were exposed to a dangerous carcinogen. Mesothelioma affects tissues that surround organs inside, including the lungs. Cancer can also spread into the chest wall, abdominal cavity as well as the brain and heart. Because the disease can be a long time to manifest, patients are often faced in the knowledge that their condition is terminal. Many of those who have been affected by asbestos have suffered many financial hardship, because they've been forced to sell homes and medical bills and make other expensive changes to their lives.

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

After paying billions of dollars in settlements for asbestos victims, a number of these companies were forced to shut down or shut down. But there's still a large number of plaintiffs who wish to sue those who remain. The number of asbestos lawsuits has actually increased.

Certain cases are being manipulated to benefit certain attorneys and their clients. For instance, a judge in New York City recently made a ruling that reversed the long-standing policy against mesothelioma lawsuits that award punitive damages. This was at the request of a lawyer for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma sufferers.

While this was only one instance, it has attracted the attention of many observers. Many believe that the case is an indication of the fraudulent tactics that have become common in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver attracted more attention to the connections between trial lawyers and politicians. This could help bring some stability to the system.

If you have been diagnosed with mesothelioma or another asbestos-related disease, there's no time to waste in seeking legal counsel. The top mesothelioma attorneys will provide you with a no-cost consultation to talk about your case and determine the best course of action. The process of filing an asbestos claim can take many months, therefore it is essential that you choose an attorney who understands the intricacies involved and knows how to achieve results.

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