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Asbestos Litigation Cases - Individual Versus Class Action

In some instances, plaintiffs prefer to file individual lawsuits instead of group actions. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related injuries.

Scientists have proved that exposure to asbestos can lead to lung diseases and damage. Because mesothelioma has 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 attorney suits are the longest running mass tort in U.S. history. It was not until the 1970s when state and federal courts began taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various diseases including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening, and plaques in the pleura.

Many companies that mined asbestos, made asbestos-based products, and sold asbestos products were aware of the dangers, but hid or brushed them aside. Many asbestos companies filed for bankruptcy due to lawsuits filed by the victims and their family members. Most of the companies who filed for bankruptcy set up asbestos trust funds to pay compensation to victims.

A small percentage of asbestos-related cases are tried. In these cases, judges tend to be skeptical of defenses of the defendants. They often give substantial verdicts to the victims. Asbestos attorneys have successfully moved thousands of cases through the court process and secured significant verdicts for mesothelioma patients.

However, the complexities of an asbestos lawsuit can make it difficult to be successful. In an asbestos lawsuit plaintiffs must show that their illness is caused directly through exposure to the dangerous substance. This requires a complete database linking workers, their workplaces and their employers' names, the products they used, suppliers and vendors. The process of developing this data can take years particularly if the victim's history of work is complicated. It could involve a thorough interview with coworkers, family members and abatement workers, as well as suppliers, and other people who could potentially be responsible.

Expert witness testimony is needed to support claims that asbestos-related illnesses have occurred. These expert witnesses are often physicians who have received training in the diagnosis and pathology of asbestos-related diseases and have analyzed the medical records of a patient. This is especially important in mesothelioma cases, where the disease can be very difficult to identify.

The defendants may also try to undermine experts by pointing out their backgrounds or professional qualifications. In recent years defendants have challenged the scientific consensus that mesothelioma is caused by asbestos.

The First Case

Asbestos claims differ from other personal injury claims. The lawsuits concern an uncommon illness that is caused by breathing in the tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These injuries usually 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 separately. This allows the victims and their families to file a single lawsuit against multiple defendants and receive compensation from multiple sources of funds, resulting in lower legal fees.

The first mesothelioma case was filed in 1927 by a seaman who was exposed to asbestos while working on an British ship. The victim contracted mesothelioma from asbestos particles inhaled during the construction of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients such as the Royal Navy.

A dock worker filed a lawsuit in the early 1990s following developing mesothelioma as a result of exposure to asbestos released by factories he worked in. 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 rigs, industrial processes, and other industrial processes.

Other cases followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any injuries suffered by workers (Borel v. Fibreboard). The ruling increased the number of asbestos-related claims, putting asbestos manufacturers on notice that they might be sued for their products.

Lawyers representing the plaintiff in an asbestos lawsuit need to comprehend the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses, and identifying potential defendants. It is also about making sure that the lawsuit is compliant with state laws and federal regulations that govern asbestos litigation, such as the ones that govern asbestos attorney discovery procedures.

One of the most important actions is choosing an attorney that specializes in mesothelioma lawsuits. A trusted law firm will provide a free consultation and review the medical records of the patient that relate to asbestos to determine if they are eligible for an asbestos lawsuit.

The Second Case

Asbestos patients have received substantial awards in court, and these are often more than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have received compensation for many reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung disease and lung damage than those who don't work with asbestos.

In the end, many law firms that had extensive experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This was a way for them to make a profit and gain recognition for their skills. This strategy was not beneficial to mesothelioma patients. Many of these companies took on more cases than they could handle, and didn't offer the proper medical support and representation that mesothelioma patients deserve.

Insurance companies and defendants have also employed other strategies to stop asbestos claims. For example, the insurance industry argued that asbestos sufferers should be required to prove the specific asbestos they were exposed to caused for their condition. This was a direct challenge to the concept of joint and multiple liability, which permits one plaintiff to be held accountable for all damages that result from exposure to asbestos caused by multiple defendants.

This approach was met with a spirited opposition from mesothelioma sufferers as well as their lawyers, who claimed that it would be unfair for asbestos sufferers to have to prove the exact cause of their condition in order to claim damages. Additionally, it would discourage victims from filing claims with reputable law firms and potentially force them to settle their case for less than they deserve.

In the end, the House of Lords sided with the victims and rejected the insurers' arguments. The ruling did not affect the large sums of money that insurance companies pay to asbestos victims. This is why it is essential to select an asbestos compensation law firm that is known for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We also were responsible for bringing the first-ever successful asbestos compensation case to the court in 1972.

The Third Case

Asbestos cases are different from most toxic tort suits because they cause serious injuries that have irrevocably affected the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a type of cancer that affects the tissues that surround internal organs such as the lung. The cancer can also spread to the abdominal cavity and chest wall, heart, and brain. Since the disease can take years to manifest, victims must often live knowing that their condition is terminal. Asbestos has caused financial hardship for asbestos-related victims who have had to sell their homes, pay medical expenses, and make other expensive changes to their lives.

In recent years, however many families of mesothelioma victims have taken to suing the manufacturers and suppliers of asbestos products. The law allows for compensation to be sought even when the company has filed for bankruptcy.

Many of these firms have been forced to close and retire after paying billions of dollars in settlements to asbestos victims. But there are still plenty of plaintiffs looking to sue the remaining companies. The number of asbestos lawsuits has actually increased.

Some of these cases are being used to benefit specific lawyers and their clients. For instance a judge in New York City recently made an order that reversed a longstanding policy against mesothelioma lawsuits that award punitive damages. This was at 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 a single instance, but it attracted the attention of a lot. Many believe that the case is an indicator of the deceitful methods that have become a regular feature in a variety of asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial attorneys and politicians. This could help bring some stability to the system.

If you have been diagnosed with mesothelioma or an asbestos-related disease, there's no time to lose in seeking legal advice. The best mesothelioma lawyers will offer you a free consultation to talk about your case and determine the best path to take. The process of submitting an asbestos claim can take many months, therefore it is crucial to work with an attorney who understands the intricacies involved and knows how to achieve results.