when asbestos litigation report - Individual Versus Class Action
In some instances plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits can offer greater compensation for mesothelioma as well as other asbestos-related diseases.
Scientists have proved that asbestos exposure can cause lung damage and cause lung disease. Because mesothelioma has a latency period of 40-50 years, it can take long for patients to develop the illness.
The History of Asbestos Litigation
Asbestos suits are the longest-running mass tort in U.S. history. Federal and state courts began processing asbestos cases in the 1970s, following research that linked asbestos exposure to illnesses like mesothelioma or lung cancer.
Many companies that mined asbestos, made asbestos products, and supplied asbestos products were aware of the dangers, but downplayed or ignored them. Many asbestos companies declared bankruptcy because of the lawsuits brought by the victims and their family members. The majority of companies that filed for bankruptcy set up asbestos trust funds as compensation to the victims.
A small percentage of asbestos-related cases are heard. In these cases, judges tend be skeptical of the defense arguments of the defendants. They often give large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the trial process and secured significant verdicts for mesothelioma victims.
The complexity of an asbestos case is what makes it difficult to win. In a lawsuit for asbestos, plaintiffs must prove their illness is caused directly by a company's exposure to the dangerous substance. This requires a database that connects workers, their work sites, their employers, the products they used and their suppliers and vendors. This can take many years, especially if a victim's work history is complex. It could involve interviews with coworkers relatives as well as abatement workers, suppliers and other parties who could be involved in the case.
The evidence in an asbestos case requires expert witness testimony to back the claims of an asbestos-related disease. Often, these expert witnesses are doctors who have been trained in the pathology of asbestos-related diseases, and who have reviewed an individual's medical records. This is particularly important in the case of mesothelioma which can be difficult to detect.
The defendants can also try to discredit experts through their credentials or background. In recent time defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos.
The First Case
Asbestos cases are unique from other types of personal injury lawsuits. The lawsuits are based on an uncommon illness that is caused by breathing in microfibers and then developing mesothelioma or a different asbestos-related disease. These kinds of injuries are usually caused by exposure to certain work sites, such as power plants, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide manner and not separately. This allows the victims and their families to file a single lawsuit against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal costs.
A man who was exposed to asbestos on a British vessel in 1927 filed the first mesothelioma lawsuit. The victim was diagnosed with mesothelioma due to asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients like 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 the factories in which he worked. The widow of the victim filed an action against five companies which included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals held asbestos manufacturers strictly liable (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related claims, putting asbestos manufacturers on notice that they would be sued for their products.
Lawyers for the plaintiff in an asbestos lawsuit have to comprehend the complex chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It also involves ensuring that the lawsuit complies with federal and state laws. regulations that govern asbestos litigation, including the asbestos discovery procedures.
One of the most crucial actions is choosing an attorney who is specialized in mesothelioma lawsuits. A reputable law firm will provide a no-cost consultation and review the client's medical records relating to asbestos to determine eligibility for a lawsuit against asbestos.
The Second Case
Asbestos sufferers have gotten significant awards at court. These awards are often greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for many reasons, including the psychological and physical harm caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung disease and lung damage as compared to those who do not work with it.
In this way, a variety of law firms that had years of experience in asbestos litigation filed massive mesothelioma lawsuits. This allowed firms to earn money and earn recognition for their expertise. This strategy was not beneficial to mesothelioma patients. These firms took on many more cases than they could handle and did not offer the medical support 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 claimed that asbestos sufferers must be required to prove that the particular asbestos they were exposed to was responsible for their condition. This was a direct assault on the principle of joint-and-several liability, which allows plaintiffs to be held accountable for all damages resulting from asbestos exposure by multiple defendants.
This approach was met with fierce opposition from mesothelioma sufferers as well as their lawyers, who argued that it was unfair for asbestos victims to be required to prove the root of their illness in order to recover damages. This would also discourage victims from bringing lawsuits against reputable law offices and make them accept less than what their case is worth.
In the final decision the House of Lords sided with the victims, and dismissed the arguments of insurers. This ruling did not impact the massive sums paid by the insurance industry to asbestos victims. This is why it is essential to select an asbestos compensation law firm that is well-known for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We were also responsible for the first asbestos compensation claim to court in 1972.
The Third Case
In contrast to most toxic tort lawsuits, asbestos cases involve very serious injuries to people who's lives were forever altered through exposure to a fatal carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lungs. It can also spread to the chest wall, abdominal cavity and even the brain. The disease can take a long time to manifest, and sufferers are often forced to be aware of their terminal condition. Asbestos has led to financial hardship for many asbestos sufferers who have been forced to sell their homes, pay medical expenses and make other costly modifications to their lives.
In recent years however numerous families have filed lawsuits against asbestos-related companies and suppliers. The law permits compensation to be sought even if a company has filed for bankruptcy.
Many of these companies have been forced to close and retire after paying out billions in settlements to asbestos victims. But there's still a large number of plaintiffs who wish to sue those who remain. In fact the number of new asbestos lawsuits has risen.
Certain cases are being manipulated to benefit certain lawyers and their clients. A New York City judge recently changed a rule that was in effect for a long time against punitive damages in relation to mesothelioma lawsuits. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma victims.
This was only one instance, but it attracted the attention of many. Many believe the case is an indication of the fraudulent strategies that are now common in many asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has brought greater attention to the ties between trial lawyers and politicians, which may help restore some balance to the system.
You should seek legal representation immediately if you have been diagnosed as having mesothelioma, or another asbestos-related disease. The best mesothelioma lawyers will give you a no-cost consultation to talk about your case and determine the best way to proceed. Asbestos claims can take a long time to be processed, so you need a lawyer who is knowledgeable about the complexities and the best way to achieve results.