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15 Up-And-Coming Asbestos Litigation Cases Bloggers You Need To Be Keeping An Eye On
Asbestos Litigation Cases - Individual Versus Class Action

In some instances plaintiffs are pursuing individual lawsuits instead of an action in a group. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.

Scientists have proven that exposure to asbestos can cause lung diseases and damage. Because mesothelioma has a latency time of 40-50 years, it can take a long time for victims to develop the illness.

The History of Asbestos Litigation

Asbestos lawsuits are among the longest-running mass tort in U.S. history. It was not until the 1970s that federal and state courts started investigating asbestos cases, following medical research linked exposure to asbestos with various diseases including mesothelioma, lung cancer, and other diseases like asbestosis, pleural thickening and plaques of the pleura.

Many companies that mined asbestos, manufactured asbestos products, and supplied asbestos products knew about the dangers but hid or brushed them aside. As a result, many asbestos companies went bankrupt under the weight of lawsuits filed by families of victims. The majority of companies that filed for bankruptcy created asbestos trust funds as compensation to victims.

While the majority of asbestos-related claims are settled out of court, a tiny amount of cases go to trial. In these instances, judges tend to be skeptical of defense arguments of the defendants. They will often give large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and secured significant verdicts for mesothelioma patients.

The complexity of asbestos cases is what makes it difficult to win. In a lawsuit involving asbestos plaintiffs must prove that their illness is directly caused by exposure to the dangerous substance. This requires a thorough database that includes the names of workers, their work sites as well as their employer's names, products they used, suppliers and vendors. This can take many years, especially if the victim's employment history is complicated. Interviewing family members and coworkers as well as abatement employees, suppliers, and other parties who might be responsible could be required.

Expert witness testimony is also required to prove that asbestos-related illnesses have been a factor. Expert witnesses are typically physicians who have received training in the pathology and diagnosis of asbestos-related diseases, and have analyzed a patient's medical records. This is especially important in mesothelioma cases, where the disease can be extremely difficult to detect.

Defense lawyers can also attempt to discredit experts through their background or qualifications. what asbestos litigation pros and cons is a worrying trend that has been observed in recent years as defendants are increasingly challenging worldwide scientific consensus that asbestos causes mesothelioma and other illnesses.

The First Case

Asbestos lawsuits differ from other personal injury claims. The lawsuits concern a rare illness that's caused by inhaling the microscopic fibers and subsequently developing mesothelioma or another asbestos-related disease. These types of injuries are often caused by exposure at certain job sites, including shipyards, power plants and construction projects.

Contrary to other forms of civil litigation asbestos lawsuits are filed on a group-wide basis rather than individually. This allows the victims and their families to file a single lawsuit against multiple defendants and receive compensation from several sources of funds, which results in lower legal fees.

The first mesothelioma claim was filed in 1927 by a seaman who had been exposed to asbestos while working on a British ship. The victim was diagnosed with mesothelioma due to asbestos particles that he breathed in during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients like the Royal Navy.

Another case was filed by a dock worker who was diagnosed with mesothelioma after exposure to asbestos emissions from the factories in which the worker worked. The victim's widow filed a lawsuit against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes.

The cases that followed were not the only ones. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers liable (Borel v. Fibreboard) for any injuries to workers. The decision led to an increase in asbestos-related lawsuits. As well, asbestos manufacturers were notified that they could face litigation for their products.

Lawyers representing a plaintiff 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 involves making sure that the lawsuit is compliant with the state laws and federal regulations that govern asbestos litigation, such as the asbestos discovery procedures.

One of the most crucial actions is choosing an attorney who is specialized in mesothelioma lawsuits. A reputable law firm will offer a free consult and examine the client's medical records relating to asbestos to determine if they are eligible for a asbestos lawsuit.

The Second Case

Asbestos victims have received significant court awards. These awards are usually more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos victims have been compensated for a variety of reasons, including the physical and psychological damages caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to develop lung disease and lung damage than those who do not work with it.

This is why a number of law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a method to gain recognition and make money. But, this method did not serve mesothelioma sufferers well. The firms were able to take on more cases than they were able to manage and did not provide the medical support and representation mesothelioma sufferers deserve.

Insurance companies and defendants have also employed other strategies to stop asbestos claims. The insurance industry, for instance, argued that asbestos victims should be required to prove that the asbestos they were exposed to was the cause for their illness. This was an attack on the principle of joint and several liability, which allows a single plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients as well as their attorneys were strongly opposed to this approach. They argued that it was unfair to insist that asbestos victims to prove the exact reason for their illness before they could claim damages. Additionally, it could dissuade victims from filing claims with reputable law firms and potentially force them to settle their cases with less than what they are entitled to.

The House of Lords ultimately sided with the victims and rejected arguments of insurers. The decision did not affect the massive sums that insurance companies pay to asbestos victims. This is why it is important to select an asbestos compensation law firm that is well-known for its skill and expertise. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We also played a role in the first asbestos compensation claim to court in 1972.

The Third Case

Asbestos lawsuits differ from the majority of toxic tort suits because they involve serious injuries that have irrevocably changed 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. The cancer may also be spread to the abdominal cavity as well as the chest wall, heart and the brain. Since the disease can be a long time to manifest, sufferers are often faced in the knowledge that their condition is fatal. Asbestos has led to financial hardship for many asbestos victims who been forced to sell their homes, pay for medical expenses and make other significant adjustments to their lives.

In recent years, however, numerous families of mesothelioma sufferers have resorted to suing asbestos-related companies and suppliers. products. The law permits compensation to be sought even if a company has filed for bankruptcy.

Many of these companies were forced to retire and close after paying out billions in settlements to asbestos victims. But there are still plenty of plaintiffs looking to sue those who remain. The number of asbestos lawsuits has actually increased.

Some of these cases have been manipulated by certain lawyers to benefit their clients. For instance a judge in New York City recently made an order that reversed a longstanding policy against mesothelioma lawsuits involving punitive damages. This was done in response to 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 believe that this case is a sign of the shady tactics that have become common in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the connections between trial lawyers and politicians, which may help bring balance to the system.


You should seek legal representation immediately if you have been diagnosed with mesothelioma or another asbestos-related illness. The best mesothelioma lawyers will provide you with a no-cost consultation to discuss your situation and determine the best course of action. The process of filing an asbestos claim can take a few months, so it is vital to work with an attorney who understands the complexities involved and knows how to achieve results.

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