Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are seeking individual lawsuits, rather than the traditional class action. Individual lawsuits could provide greater compensation for injuries resulting from asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos can cause lung damage and causes disease. 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 are among the longest-running mass torts in U.S. History. Federal and state courts only began to process asbestos cases in the 1970s, after medical research connected asbestos exposure with illnesses like mesothelioma or lung cancer.
Many companies that mined, produced and supplied asbestos-based products were aware of the dangers but omitted or hid from these dangers. In the end, a number of asbestos-related companies were forced to close under the weight of lawsuits filed by victims and their families. The majority of companies that declared bankruptcy set up asbestos trust funds to pay victims.
While the vast majority of asbestos-related claims settle out of court, a tiny percentage of cases are brought to trial. When this happens judges are generally skeptical of defenses and may award substantial verdicts to the victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and have secured significant verdicts for mesothelioma patients.
The complex nature of asbestos lawsuits makes it difficult to win. In an asbestos lawsuit, plaintiffs must prove their illness is directly caused by a company's exposure to the hazardous substance. This is a requirement for a database that ties workers, their workplaces, their employers, the products they used, and their suppliers and vendors. This process could take several years, especially if a victim's work history is complex. Interviewing family members and coworkers as well as abatement employees suppliers, as well as other parties who might be responsible could be required.
Expert witness testimony is also needed to support claims that asbestos-related illnesses have been a factor. These expert witnesses are often doctors who have been trained in the diagnosis and pathology of asbestos-related diseases, and have analyzed the medical records of a patient. This is particularly important in the case of mesothelioma which can be difficult to identify.
The defendants may also try to discredit experts by attacking their credentials or qualifications. In recent years, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos.
The First Case
Asbestos claims are different from other personal injury claims. asbestoslitigationgroup are based on an uncommon illness that is caused by breathing in tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These injuries usually result from exposure to asbestos at certain work places, like power stations, shipyards and construction projects.
Asbestos lawsuits are filed in a class-wide manner and not separately. This allows victims to file a lawsuit against multiple defendants, and receive compensation from various sources.
A seamstress exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma following inhaling asbestos-containing particles when constructing vessels at Harland and Wolff Plc, an organization that made 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 released by the factories where he was employed. The widow of the victim filed an action against five companies, including 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 found asbestos manufacturers strictly liable for any injuries suffered by workers (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were warned that they could face litigation for their products.
Lawyers for a plaintiff in a lawsuit involving asbestos need to comprehend the complex chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as well in identifying the potential defendants. It is also about ensuring that the lawsuit complies with federal and state laws. regulations pertaining to asbestos litigation, including those that govern asbestos discovery procedures.
The most important thing to do is to locate an attorney with expertise in mesothelioma. A reputable law firm will provide a no-cost consultation and will review the client's medical records related to asbestos in order to determine if they are eligible for a lawsuit against asbestos.
The Second Case
Asbestos victims have received significant court awards. These awards are usually greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for many reasons including psychological and physical damage caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung diseases and lung damage as compared to those who do not work with asbestos.
As a result, a number of law firms that had extensive experience in asbestos litigation filed huge volumes of mesothelioma cases. This was a way for firms to earn money and earn recognition for their expertise. This strategy was not beneficial for mesothelioma patients. Many of these firms were able to handle more cases than they could handle and didn't provide the proper medical support and representation that mesothelioma patients need.
The defendants and insurers employed other strategies in order to combat asbestos claims. For instance, the insurance industry argued that asbestos sufferers should be required to prove that the particular asbestos they were exposed to was the cause for their illness. This was a direct attack on the principle of joint-and-several liability, which permits a plaintiff to be held responsible for all damages resulting from exposure to asbestos by multiple defendants.
Mesothelioma patients as well as their attorneys were vehemently against this strategy. They argued that it was unfair to insist that asbestos patients to prove the root reason for their illness before they could recover damages. In addition, it would discourage victims from filing claims with reliable law firms and could force them to settle their case with less than what they are entitled to.
In the end the House of Lords sided with the victims, and dismissed the arguments of insurers. The decision did not affect the massive sums that insurance companies pay to asbestos victims. This is why it is crucial to select an asbestos compensation law firm that is known for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos compensation cases than any other law firm. We were also responsible for the first ever successful asbestos compensation case to the court in 1972.
The Third Case
Asbestos cases differ from other toxic tort cases because they cause serious injuries that have forever altered the lives of people who were exposed to a fatal carcinogen. Mesothelioma affects the tissues surrounding internal organs, such as the lung. The cancer can also be spread to the abdominal cavity as well as the chest wall, heart and even the brain. Because the disease can take years to manifest, victims are often faced in the knowledge that their condition is fatal. Many of those who have been affected by asbestos have suffered an immense amount of financial hardship, because they've been forced to sell their homes and medical bills and make other expensive adjustments to their lives.
In recent years, however numerous families have filed lawsuits against asbestos product suppliers and manufacturers. This is because the law permits individuals to seek damages compensation even after their businesses have filed for bankruptcy.
Many of these companies were forced to close and retire after paying out billions in settlements to asbestos victims. However, there are a lot of plaintiffs who wish to sue those that remain. The number of asbestos-related lawsuits has actually increased.
Certain cases are being used to benefit certain attorneys and their clients. A New York City judge recently changed a rule that was in effect for a long time against punitive damages when it comes to mesothelioma lawsuits. This was done at the request of the lawyer representing Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma sufferers.
It was only one instance, but it attracted the attention of a lot. Many believe this case is a sign of the deceitful methods that have become a regular feature in asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial lawyers and politicians. This may help to create some balance in the system.
If you've been diagnosed with mesothelioma or an asbestos-related illness, there's no time to lose in seeking legal representation. The best mesothelioma attorneys will provide a no-cost consultation in order to discuss your case with you and decide on 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 obtain results.