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Asbestos Litigation Cases - Individual Versus Class Action
In certain cases, plaintiffs are pursuing individual lawsuits, rather than the traditional class action. Individual lawsuits can offer greater compensation for mesothelioma and other asbestos-related injuries.
Researchers have discovered that asbestos exposure can cause lung damage and cause lung disease. Because mesothelioma sufferers have an estimated latency of 40-50 years, it may take an extended time for patients to develop their illness.
The History of Asbestos Litigation
Asbestos suits are among the longest-running mass torts in U.S. History. It was not until the 1970s when federal and state courts began investigating asbestos cases, following medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and other illnesses like asbestosis, pleural thickening, and pleural plaques.
Many companies who mined asbestos, produced asbestos products, and then sold them knew the dangers but ignored or minimized the dangers. Many asbestos companies filed for bankruptcy due to lawsuits brought by victims and family members. The majority of companies that filed for bankruptcy set asbestos trust funds in order to compensate victims.
A small percentage of asbestos-related cases are heard. In these cases judges are usually skeptical of defendants' arguments and will award large verdicts for victims. Asbestos attorneys have successfully moved thousands of cases through the court process and obtained significant verdicts for mesothelioma victims.
However, the complexities of a case involving asbestos can make it difficult to win. In a lawsuit for asbestos plaintiffs must prove that their illness is caused directly by exposure to the dangerous substance. This is a requirement for a database that ties workers, their work locations as well as their employers, the products they used and their suppliers and vendors. The process of creating this information could take a long time, especially when a victim's work history is complicated. Interviewing family members, coworkers, abatement employees, suppliers, and other parties who could be responsible may be required.
Expert witness testimony is also required to support claims that asbestos-related illnesses have been a factor. These expert witnesses are often doctors who have been trained in the pathology and diagnosis of asbestos-related diseases, and have reviewed a patient's medical records. This is especially important in cases of mesothelioma, which is a difficult disease to detect.
Defense lawyers may also seek to discredit experts by arguing their credentials or 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. 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 usually caused by exposure at certain work sites, such as power plants, shipyards and construction projects.
Asbestos lawsuits are filed in a class-wide manner, not individually. This permits plaintiffs to file a lawsuit against multiple defendants, and receive compensation from a variety of sources.
A seamstress exposed to asbestos on a British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma from asbestos particles inhaled during the construction of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients like the Royal Navy.
A dock worker filed a case in the early 1990s after developing mesothelioma from exposure to asbestos emitted by the factories where he was employed. Bethlehem asbestos lawsuit filed a lawsuit against five companies, including Union Carbide and Montello Inc. which both made 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 declared asbestos manufacturers liable (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related claims. It also put asbestos manufacturers on notice that they could be sued over 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 is also essential to ensure that the lawsuit is in compliance with the federal and state laws that relate to asbestos litigation. This includes those that regulate asbestos disclosure procedures.
One of the most important actions is choosing an attorney who is specialized in mesothelioma cases. A trusted law firm will provide a free consultation and review the medical records of the client that are related to asbestos to determine eligibility for a lawsuit involving asbestos.
The Second Case
Asbestos sufferers have won significant awards in court, which are often more than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for a variety of reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung diseases and lung damage than those who do not work with asbestos.
This is why a number of law firms with extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a method to gain recognition and make money. However, this approach did not work for mesothelioma sufferers well. These firms took on many more cases than they could manage and did not provide the medical assistance and representation that mesothelioma sufferers need.
The defendants and insurance companies have also used other tactics to fight asbestos claims. For instance, the insurance industry argued that asbestos sufferers should be required to prove the particular asbestos they were exposed to caused for their condition. This was a direct assault on the concept of joint-and-several liability, which permits plaintiffs to be held accountable for all damages resulting from asbestos exposure by multiple defendants.
Mesothelioma patients and their lawyers were strongly opposed to this method. They claimed that it was unfair to require asbestos patients to prove the exact reason for their illness before they could claim damages. Additionally, it would hinder people from filing claims with reliable law firms and could make them settle their case at a lower price than they should.
In the final decision the House of Lords sided with the victims, and dismissed the insurers' arguments. The decision did not affect the massive sums that insurance companies pay to asbestos victims. It is essential to choose an asbestos compensation company that has a reputation for expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also the ones responsible for bringing to court the first asbestos compensation case that was successful.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases result in very serious injuries to people whose lives were irrevocably changed through exposure to a fatal carcinogen. Mesothelioma affects tissues that surround internal organs, like the lungs. Cancer can also spread into the abdominal cavity, chest wall, brain, and heart. The cancer can take years to develop and victims are often left to be aware of their death. Asbestos has caused financial difficulties for asbestos-related victims who been forced to sell their homes, pay medical expenses, and make other expensive adjustments to their lives.
In recent times there have been numerous lawsuits filed by families against asbestos product manufacturers and suppliers. This is due to the fact that the law allows people to seek damages compensation 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 close. There are still many plaintiffs who wish to bring legal action against the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases are being manipulated to benefit specific lawyers and their clients. For example, a judge in New York City recently made a ruling that reversed a longstanding policy against 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.
This was a single instance, but it drew the attention of a lot. Many believe that this case is a sign of the shady 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 connections between trial lawyers and politicians, which may help bring some balance back to the system.
If you have been diagnosed with mesothelioma, or another asbestos-related illness, there is no time to waste in seeking legal representation. The most reputable mesothelioma lawyers will offer you a free consultation to discuss your case and determine the best path to take. The process of submitting an asbestos claim can take several months, therefore it is essential that you choose an attorney who understands the intricacies involved and knows how to get results.
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