Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs are pursuing individual lawsuits instead of the traditional class action. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Scientists have proved that exposure to asbestos can cause lung disease and damage. It could take a long time for mesothelioma victims to develop the disease because of its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. Federal and state courts began processing asbestos cases in the 1970s when medical research linked asbestos exposure to diseases such as mesothelioma and lung cancer.
Many companies that mined, produced and sold asbestos products were aware of the dangers, but ignored or minimized the dangers. Many asbestos companies filed for bankruptcy because of the lawsuits filed by the victims and their family members. The majority of companies that filed for bankruptcy created asbestos trust funds to pay compensation to victims.
A small number of asbestos-related cases are tried. When this happens judges are usually skeptical of defenses and will award large verdicts for victims. Asbestos lawyers have been able to successfully move thousands of cases through the court system and obtained significant verdicts for mesothelioma patients.
However, the complexity of a case involving asbestos can make it difficult to be successful. In an asbestos-related case, plaintiffs have to prove that their condition was directly caused by the company's exposure. This is a requirement for a database that ties workers, their work sites, their employers, the products they used, and their suppliers and vendors. The process of developing this information could take a long time particularly if the victim's history of work is complicated. Interviewing family members and coworkers as well as abatement employees suppliers, as well as other parties that could be responsible may be required.
The evidence in an asbestos case also requires expert witness testimony to support claims of asbestos-related illness. These experts are usually doctors who have been trained in the diagnosis and pathology of asbestos-related illnesses, and have analyzed a patient's medical records. This is particularly important for mesothelioma cases, which can be difficult to diagnose.
The defendants may also try to discredit experts by attacking their backgrounds or professional qualifications. This is a troubling trend that has been noticed in recent years as defendants are increasingly challenging the worldwide scientific consensus that asbestos causes mesothelioma and other diseases.
The First Case
Asbestos claims are different from other personal injury claims. Asbestos fibers inhalation can cause mesothelioma, a rare condition, or other asbestos-related diseases. These injuries typically result from exposure to asbestos at specific work sites, such as shipyards, power stations and construction projects.
In contrast to other types of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than individually. This allows victims to bring a lawsuit against multiple defendants, and to receive compensation from different sources.
A man who was exposed to asbestos on a British vessel in 1927 filed the first mesothelioma suit. 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. This company manufactured naval vessels for clients such as the Royal Navy.
A dock worker filed a case in the early 1990s, after suffering from mesothelioma after exposure to asbestos released by the factories he worked in. The widow of the victim filed a lawsuit against five companies, including Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly responsible (Borel v. Fibreboard) for any injuries to workers. The decision led to an increase in asbestos-related lawsuits. As well, asbestos manufacturers were warned that they could face litigation for their products.
Lawyers representing a plaintiff in a lawsuit that involves asbestos must comprehend the intricate chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It is also about making sure that the lawsuit is compliant with federal and state laws. regulations pertaining to asbestos litigation, such as those that govern asbestos discovery procedures.
One of the most important steps is to choose an attorney who is specialized in mesothelioma lawsuits. A trusted law firm will provide free consultation and a review of the client's asbestos-related medical records to determine if they are eligible for a lawsuit involving asbestos.
The Second Case
Asbestos victims have received significant settlements in the courts, which are usually more than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos sufferers have received compensation for many reasons that include the physical and psychological damages caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to develop lung damage and disease than those who did not work with asbestos.
As such, a number of law firms with vast experience in asbestos litigation filed huge volumes of mesothelioma cases. This allowed firms to earn money and gain recognition for their expertise. This approach was not beneficial to mesothelioma sufferers. These companies took on more cases than they were able to manage and did not provide the medical assistance and representation mesothelioma sufferers deserve.
The defendants and insurance companies have employed various strategies to fight asbestos claims. The insurance industry, for instance, believed that asbestos victims should be required show that the asbestos to which they were exposed to was the cause for their condition. This was a direct attack on the principle of joint and multiple liability, which allows the plaintiff to be held accountable for all damages that result from asbestos exposure by multiple defendants.
Mesothelioma patients and their attorneys were strongly opposed to this method. They argued that it was unfair to demand asbestos patients to prove the exact cause for their illness before they could claim damages. In addition, it would dissuade patients from submitting claims to legal firms that are reputable and make them settle their cases at a lower price than they should.
In the end, the House of Lords sided with the victims and rejected the arguments of insurers. The decision did not affect the large 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 known for its expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We asbestos litigation group were also the ones responsible for bringing to court the first successful asbestos compensation case.
The Third Case
Asbestos lawsuits differ from most toxic tort suits because they cause serious injuries that have forever affected the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a form of cancer that affects the tissues surrounding internal organs such as the lungs. The cancer can also spread to the abdominal cavity and chest wall, heart, and brain. Since the disease can be a long time to manifest, patients are often faced in the knowledge that their condition is terminal. Many who have been affected by asbestos have experienced many financial burdens, since they were forced to sell homes, pay medical bills, and make other costly changes to their lives.
In recent years, however, numerous families of mesothelioma sufferers have taken to suing the manufacturers and suppliers of asbestos products. This is because the law allows individuals 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 retire or close. But there's still a large number of plaintiffs looking to sue those who remain. In fact, the number of new asbestos lawsuits has increased.
Some of these cases have been manipulated by certain lawyers to gain their clients. A New York City judge recently reversed a policy that was in effect for many years against punitive damages in relation to mesothelioma lawsuits. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
This was only one instance, but it attracted the attention of a lot. Many believe the case is an indication of the fraudulent strategies that are now common in a variety of asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the links between trial lawyers and politicians, which could help restore some balance to the system.
You should seek legal representation immediately if you've been diagnosed as having mesothelioma, or another asbestos-related illness. The best mesothelioma lawyers will offer you a free consultation to discuss your case and determine the best path to take. Asbestos claims can take several months to process, which is why you require an attorney who understands the complexities of the case and the best ways to achieve results.