Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits may provide more compensation for mesothelioma as well as other asbestos-related injuries.
Scientists have established that asbestos exposure causes lung damage and disease. Since mesothelioma is a disease with a latency period of 40-50 years, it can take long for patients to develop the disease.
The History of Asbestos Litigation
Asbestos lawsuits are the longest-running mass torts in U.S. history. The 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, manufactured asbestos products, and then sold them knew the dangers but hid or brushed them aside. As a result, many asbestos companies filed for bankruptcy under the weight of lawsuits brought by victims and their families. The majority of companies who filed for bankruptcy put asbestos trust funds in order to compensate victims.
A small percentage of asbestos-related cases are heard. In these cases, judges tend be skeptical of the defenses of the defendants. They are often able to give substantial verdicts to the victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and have secured significant verdicts on behalf of mesothelioma sufferers.
However, the complexities of an asbestos case can make it difficult to be successful. In an asbestos case plaintiffs must prove that their illness was directly caused by the company's exposure. This requires a complete database of the workers, their work sites and their employers' names, products they used, suppliers and vendors. The process of developing this data can take years especially if a victim's work history is complicated. Interviewing family members and coworkers Abatement employees suppliers, as well as other people who could be accountable may be required.
The evidence in an asbestos case requires expert witness testimony to support claims of asbestos-related illness. Expert witnesses are typically doctors who have been trained in the diagnosis and pathology of asbestos-related diseases, and have analyzed the medical records of patients. This is especially crucial in mesothelioma cases where the disease can be extremely difficult to detect.
Defense lawyers may also seek to undermine experts by pointing out their backgrounds or professional qualifications. In recent time defendants have questioned the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos claims differ from other personal injury claims. The lawsuits involve a rare illness that's caused by breathing in tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These injuries are often caused by exposure to asbestos at specific workplaces, including 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 being filed individually. 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 seamstress exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim contracted mesothelioma from asbestos particles that he breathed in during the construction of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients such as the Royal Navy.
Another case was filed by a dock worker who developed mesothelioma as a result of exposure to asbestos from the factories in which he worked. The victim's wife filed a suit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both manufactured valves that contained asbestos for oil industrial processes, rigs, and other industrial processes.
Other cases were followed. In 1973 the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any workers' injuries (Borel v. Fibreboard). The ruling increased the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they could face litigation over their products.
Lawyers representing a plaintiff in a lawsuit involving asbestos need to understand the complicated chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It is also crucial to ensure that the lawsuit is compliant with the federal and state laws that pertain to asbestos litigation. This includes those which govern asbestos disclosure procedures.
One of the most important steps is choosing an attorney who specializes in mesothelioma lawsuits. O'Fallon asbestos lawyer will offer a no-cost consultation and examine the client's medical records related to asbestos to determine if they are eligible for an asbestos lawsuit.
The Second Case
Asbestos victims have won significant awards at court. These awards are often higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for a variety of reasons including the physical and psychological damages caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung diseases and lung damage than those who do not 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 method for firms to earn a profit and gain recognition for their skills. This method was not helpful to mesothelioma sufferers. These companies took on more cases than they could handle and did not offer the medical assistance and representation that patients suffering from mesothelioma deserve.
The defendants and insurance companies have also employed other strategies to stop asbestos claims. For example the insurance industry claimed that asbestos sufferers must be required to prove the specific 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 liable for all damages resulting from asbestos exposure by multiple defendants.
Mesothelioma patients as well as their attorneys were strongly opposed to this method. They argued that it was unfair to insist that asbestos sufferers to prove the reason for their condition before they could claim damages. This could deter patients from filing lawsuits with reputable law offices and make them accept less than what their case is worth.
In the end the House of Lords sided with the victims, and rejected the arguments of insurers. However, this ruling did not affect the huge amounts of money that was paid to asbestos victims by the insurance industry. It is essential to choose an asbestos compensation company that is known for its competence and expertise. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also the ones responsible for bringing before the court the first successful asbestos compensation case.
The Third Case
Asbestos lawsuits differ from most toxic tort suits because they involve serious injuries that have forever altered the lives of people who were exposed to a fatal carcinogen. Mesothelioma affects tissues that surround organs inside, including the lung. Cancer can also spread into the abdominal cavity, chest wall as well as the brain and heart. Since the disease can be a long time to manifest, patients must often live with the knowledge that their condition is end-of-life. Asbestos has caused financial difficulties for many asbestos victims who have required the sale of their homes, pay medical bills and make other costly adjustments to their lives.
In recent years, however many families of mesothelioma victims have decided to sue asbestos-related companies and suppliers. products. This is because the law allows individuals to seek compensation for their losses even after their businesses have filed for bankruptcy.
Many of these companies were forced to close and retire after paying billions in settlements to asbestos victims. There are still many plaintiffs seeking to sue the remaining companies. In fact, the number of new asbestos lawsuits has risen.
Some of these cases are being used to benefit specific lawyers and their clients. A New York City judge recently changed a rule that was in effect for a number of years to prevent punitive damages in relation to mesothelioma lawsuits. This was on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma victims.
It was only one instance, but it drew the attention of a lot. Many believe that the case is an indication of the fraudulent practices that are common in asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver brought more attention to the connections between trial lawyers and politicians. This could help create some balance in the system.
It is important to seek legal advice immediately if diagnosed with mesothelioma or another asbestos-related illness. The best mesothelioma lawyers will provide you with a no-cost consultation to discuss your situation and determine the best path to take. The process of submitting an asbestos claim can take a few months, so it is vital to choose an attorney who understands the intricacies involved and knows how to obtain results.