Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs would prefer to file individual lawsuits instead of class actions. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Scientists have proved that asbestos exposure can cause lung disease and damage. Because mesothelioma has a latency period of 40-50 years, it could take a long time for victims 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 federal and state courts began taking asbestos cases into consideration, following medical research linked exposure to asbestos with various diseases, including mesothelioma and lung cancer, and other illnesses like asbestosis, pleural thickening and pleural plaques.
Many companies who mined asbestos, produced asbestos products, and then sold asbestos products were aware of the dangers, but hid or brushed them aside. Many asbestos companies filed for bankruptcy due to the lawsuits filed by victims and family members. The majority of companies that filed for bankruptcy created asbestos trust funds as compensation to the victims.
A small percentage of asbestos-related cases are heard. In these cases, judges tend to be skeptical of the defense arguments of the defendants. They will often give substantial verdicts to the victims. Asbestos lawyers have been able to successfully move thousands cases through the court system and secured significant verdicts on behalf of mesothelioma sufferers.
However, the complexity of a case involving asbestos can make it difficult to be successful. In an asbestos case plaintiffs must prove that their illness was directly caused through exposure to asbestos by the company. This requires a database that connects workers, their workplaces, their employers, the products they used, and their suppliers and vendors. This can take many years, particularly if the victim's employment history is complex. It could involve interviews with coworkers, family members and abatement workers, as well as suppliers and other parties who might be responsible.
The evidence in an asbestos case requires expert witness testimony to support claims of an asbestos-related illness. Most often, these expert witnesses are physicians with training in the pathology of asbestos-related diseases, and who have analyzed an individual's medical records. This is particularly important in cases of mesothelioma, which is a difficult disease to identify.
Defense lawyers may also seek to discredit experts by arguing their credentials or qualifications. In recent times, defendants have been challenging the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos claims are different from other personal injury claims. Inhaling asbestos fibers can lead to mesothelioma, a rare condition or other asbestos-related illnesses. These injuries typically result by exposure to asbestos at certain work sites, such as power stations, shipyards and construction projects.
Contrary to other forms of civil litigation asbestos lawsuits are filed on a group-wide basis rather than separately. This permits victims to file a lawsuit against multiple defendants and receive compensation from different sources.
A man who was exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma as a result of 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.
A dock worker filed a claim in the early 1990s, after suffering from mesothelioma after exposure to asbestos released by factories in which he worked. The victim's wife filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil drilling rigs, industrial processes and other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely accountable (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 might face litigation over their products.
Lawyers representing plaintiffs in a suit involving asbestos must understand the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses, and identifying potential defendants. It is also important to ensure that the lawsuit is in line with state and federal laws that pertain to asbestos litigation. This includes the laws which govern asbestos disclosure procedures.
The most important thing to do is to locate an attorney who has experience in mesothelioma. A reputable law firm will offer a no-cost consultation and examine the medical records of the client related to asbestos in order to determine eligibility for a lawsuit against asbestos.
The Second Case
Asbestos victims have won significant settlements in court. These awards are usually greater than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have received compensation for many reasons including psychological and physical injuries caused by asbestos exposure. Research has proven that asbestos workers are more likely to develop lung diseases and lung damage than those who don't work with it.
As a result, many law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a way to be recognized and earn money. But, this method did not serve mesothelioma sufferers well. These companies took on more cases than they could handle and did not offer the medical support and representation that patients suffering from mesothelioma deserve.
Insurance companies and defendants have also employed other strategies in order to combat asbestos claims. For instance, argued that asbestos victims should be required to show that the asbestos to which they were exposed to was the cause for their health. This was a direct attack on the principle of joint-and-several liability, which allows a plaintiff to be held liable for all damages that result from asbestos exposure by multiple defendants.
This strategy was met with fierce opposition from mesothelioma sufferers as well as their lawyers, who argued that it was unfair for asbestos sufferers to be required to prove the exact cause of their condition in order to claim damages. Additionally, it would discourage patients from submitting claims to reputable law firms and potentially make them settle their claims with less than what they are entitled to.
The House of Lords ultimately sided with victims and rejected the arguments of the insurers. This ruling did not impact the massive sums paid by the insurance industry to asbestos victims. It is important to choose an asbestos compensation company with a good reputation for proficiency and competence. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also responsible in asbestos litigation news 1972 for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Asbestos cases differ from other toxic tort cases because they involve serious injuries that have forever changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma affects the tissues surrounding organs inside, including the lung. The cancer can also spread to the chest wall, abdominal cavity and even the brain. The disease can take a long time to manifest and victims are often forced to endure the knowledge of their terminal condition. Asbestos has caused financial difficulties for many asbestos victims who have required the sale of their homes, pay for medical expenses and make other costly modifications to their lives.
In recent years, however, numerous families of mesothelioma sufferers have decided to sue asbestos-related companies and suppliers. products. This is because the law allows individuals to seek compensation for damages even after their businesses have filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a lot of these companies were forced to retire or shut down. There are still many plaintiffs who want to sue the remaining companies. 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 in New York City recently made a ruling that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was done in response to the lawyer representing Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims.
Although this was a single instance, it has drew the attention of many observers. Many believe the case is an indicator of the unsavory practices that are common in asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial attorneys and politicians. This could help bring some balance to the system.
You should seek legal counsel immediately if diagnosed with mesothelioma or another asbestos-related illness. The most reputable mesothelioma lawyers will offer you a free consultation to talk about your case and determine the best course of action. Asbestos claims can take months to process, so you need an attorney who is knowledgeable about the complexities and how to get results.