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5 Laws That'll Help The Asbestos Litigation Cases Industry
Asbestos Litigation Cases - Individual Versus Class Action

In some instances plaintiffs are seeking individual lawsuits, rather than an action in a group. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related diseases.

Scientists have proven that exposure to asbestos causes lung damage and diseases. It can take several years for mesothelioma victims to develop the disease due to its 40-50 year latency period.

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 processing asbestos cases, after medical research found links between exposure to asbestos and various illnesses, including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening and pleural plaques.

Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but omitted or minimized the dangers. In the end, a number of asbestos companies went bankrupt under the weight of lawsuits filed by families of victims. The majority of companies that declared bankruptcy set up asbestos trust funds to pay victims.

A small percentage of asbestos-related cases are heard. If this happens judges are generally skeptical of defendants' arguments and often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the process of trial and secured significant verdicts for mesothelioma sufferers.

However, the complexity of an asbestos lawsuit can make it difficult to win. In a lawsuit for asbestos, plaintiffs must prove their illness is caused directly through exposure to the dangerous substance. This requires a complete database that includes the names of workers, their job sites as well as their employer's names, the products they used, their suppliers and vendors. This process 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 people who might be responsible could be necessary.

Expert witness testimony is also required to prove that asbestos-related illnesses have been a factor. Most often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases and who have examined the medical records of a patient. This is especially crucial in cases of mesothelioma, which is a difficult disease to diagnose.

Defendants can also try to discredit experts by pointing out their background or qualifications. In recent times defendants have challenged the scientific consensus that mesothelioma is caused due to asbestos.

The First Case

Asbestos lawsuits differ from other personal injury claims. The lawsuits concern a rare illness that's caused by inhaling the microfibers and then developing mesothelioma or another asbestos-related disease. These types of injuries are often caused by exposure to certain work sites, such as power plants, shipyards and construction projects.

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

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

A dock worker filed a case in the early 1990s, after developing mesothelioma as a result of exposure to asbestos emitted by the factories in which he worked. The victim's spouse 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.

Other cases were followed. In Baton Rouge asbestos lawsuits of Appeals held asbestos manufacturers strictly liable (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were put on notice that they could face litigation for their products.

Lawyers for a plaintiff in a lawsuit involving asbestos need to be aware of the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It also involves ensuring that the lawsuit complies with state laws and federal regulations that pertain to asbestos litigation, such as the ones that govern asbestos discovery procedures.

The most important step is to locate an attorney who has experience in mesothelioma. A reputable law office will offer a no-cost consultation and review the client's medical records related to asbestos to determine eligibility for a asbestos lawsuit.

The Second Case

Asbestos victims have received significant settlements in court, and these are often more than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos sufferers have received compensation for various reasons including the psychological and physical harm caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to have lung disease and damage than those who did not work with it.

In the end, many law firms with a wealth of experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This was a way for firms to earn a profit and earn recognition for their skills. This strategy was not beneficial to mesothelioma patients. These companies took on more cases than they were able to handle and did not offer the medical assistance and representation that patients suffering from mesothelioma deserve.

The defendants and insurers have also employed other strategies in order to combat asbestos claims. For example the insurance industry argued that asbestos sufferers must be required to prove that the particular asbestos they were exposed to was the cause for their illness. This was a direct assault on the principle of joint-and-several liability, which allows a plaintiff to be held responsible for all damages that result from asbestos exposure by multiple defendants.

Mesothelioma patients and their lawyers were strongly opposed to this approach. They claimed that it was unfair to insist that asbestos victims to prove the root reason for their condition before they can claim damages. Additionally, it could hinder patients from submitting claims to legal firms that are reputable and make them settle their claims at a lower price than they should.

In the end, the House of Lords sided with the victims, and rejected the insurers' arguments. The ruling did not affect the huge sums of money paid by the insurance industry to asbestos victims. This is why it is important to select an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also the ones responsible for bringing to court the first successful asbestos compensation case.

The Third Case

Asbestos cases differ from the majority of toxic tort suits because they involve serious injuries that have forever affected the lives of those who were exposed to a deadly carcinogen. Mesothelioma is a type of cancer that affects the tissues that surround internal organs such as the lungs. It can also spread to the chest wall, abdominal cavity and even the brain. Since the disease can take decades to manifest, victims must often live knowing that their condition is fatal. Many who have been affected by asbestos have suffered a great deal of financial hardship as they have been forced to sell homes and pay medical bills and make other expensive changes to their lives.

In recent years, however, many families have sued asbestos product manufacturers and suppliers. This is because the law allows people to seek compensation for damages even after their companies have filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, a lot of these companies were forced to shut down or shut down. But there are still plenty of plaintiffs who wish to sue those that remain. The number of asbestos claims has actually increased.

Some of these cases have been manipulated by certain attorneys to gain their clients. For instance a judge from New York City recently made a ruling that reversed an old policy of not allowing mesothelioma lawsuits involving punitive damages. This was done on 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 believe this case is an indicator of the shady practices that are commonplace in asbestos lawsuits. The corruption scandal that afflicted the 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.

If you have been diagnosed with mesothelioma or an asbestos-related illness, there is no time to waste in seeking legal advice. The most effective mesothelioma lawyers will offer a free consultation to discuss your case with you and decide on the best course-of-action. The process of submitting an asbestos claim can take many months, therefore it is vital to choose an attorney who is familiar with the complexities involved and knows how to get results.


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