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Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs would prefer to pursue individual lawsuits rather than group actions. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related diseases.

Scientists have proven that asbestos exposure can cause lung damage and cause lung disease. It can take many years for mesothelioma sufferers to develop the disease due to 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 only began to process asbestos cases in the 1970s, after medical research connected asbestos exposure with diseases like mesothelioma and lung cancer.

Many companies that mined asbestos, made asbestos products, and supplied asbestos products were aware of the dangers, but ignored or minimized the dangers. Many asbestos companies declared bankruptcy due to lawsuits filed by victims and family members. The majority of companies that filed for bankruptcy set up asbestos trust funds to pay compensation to victims.

While the vast majority of asbestos-related lawsuits settle out of court, a tiny number of cases go to trial. In these cases, judges are often skeptical of the defense and will award large verdicts to the victims. Asbestos attorneys have successfully moved thousands of cases through the trial process and have secured significant verdicts for mesothelioma sufferers.

However, the complexity of an asbestos lawsuit can make it difficult to be successful. In an asbestos lawsuit, plaintiffs must prove their illness was caused by exposure to asbestos, a dangerous substance. This requires a complete database linking workers, their workplaces as well as their employer's names, the products they used, suppliers and vendors. This process can take many years, especially if the victim's employment history is complicated. It may involve interviewing co-workers or family members as well as abatement workers, suppliers, and other people who could be involved in the case.

The evidence in an asbestos case also requires expert witness testimony to back the claims of an asbestos-related disease. Often, these expert witnesses are physicians with training in the asbestos-related pathologies and who have reviewed the medical records of a patient. This is especially crucial in the case of mesothelioma which can be difficult to diagnose.

Defendants can also try to discredit experts based on their background or qualifications. This is a troubling pattern that has been seen in recent years, as defendants are increasingly challenging the global scientific consensus that asbestos causes mesothelioma as well as other illnesses.

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 illnesses. These injuries usually result from exposure to asbestos at certain work sites, such as power stations, shipyards and construction projects.

Unlike some other types of civil litigation asbestos lawsuits are filed on a group-wide basis rather than being filed individually. This allows the victims and their families to file a single complaint against multiple defendants and receive compensation from multiple sources of funds, which results in lower legal costs.

The first mesothelioma case was filed in 1927 by a seaman who was exposed to asbestos while working on a British ship. The victim developed mesothelioma as a result of asbestos particles that he breathed in during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients such as the Royal Navy.

Another case was filed by a dock worker who was diagnosed with mesothelioma following exposure to asbestos emissions from the factories in which the worker worked. The victim's widow filed an action against five companies, including Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes.

Other cases followed. 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 volume of asbestos-related claims, putting asbestos attorney manufacturers on notice that they could be sued for their products.

Lawyers for a plaintiff in an asbestos lawsuit need to comprehend the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnosis, and identifying potential defendants. It also involves ensuring that the lawsuit complies with the state laws and federal regulations that govern asbestos litigation, such as the asbestos discovery procedures.

The most important step is to find an attorney with expertise in mesothelioma. A reliable law firm will provide an initial consultation for free and will review the medical records of the client that are related to asbestos to determine whether they are eligible for an asbestos lawsuit.

The Second Case

Asbestos sufferers have gotten significant court awards. These awards are usually higher than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have received compensation for a variety of reasons, including physical and psychological harms caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to have lung disease and damage than those who didn't work with asbestos.

In this way, a variety of law firms that had years of experience in asbestos litigation filed massive mesothelioma cases in large numbers. It was a method to be recognized and earn money. This strategy was not beneficial to mesothelioma patients. The firms were able to take on more cases than they could handle and didn't provide the medical assistance and representation that patients suffering from mesothelioma deserve.

Insurance companies and defendants have also used other tactics to fight asbestos claims. For instance, believed that asbestos victims must demonstrate that the asbestos they were exposed to was the cause for their illness. This was a direct assault on the principle of joint and multiple liability, which permits a plaintiff to be held liable for all damages that result from asbestos exposure by multiple defendants.

This approach was met with a spirited opposition from mesothelioma sufferers and their lawyers, who argued that it would be unfair for asbestos victims to be required to prove the cause of their illness in order to be able to claim damages. This would also discourage victims from bringing lawsuits against legal firms that are reputable and force them to settle for less than their case is worth.

The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the massive amounts of money that was given to asbestos victims by the insurance industry. It is essential to choose an asbestos compensation firm with a good reputation for expertise and skill. Thompsons Solicitors has run, and won more asbestos lawyers 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 cause serious injuries that have permanently affected the lives of those who were exposed to a deadly carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lung. The cancer may also expand to the abdominal cavity and chest wall, heart and the brain. Because the disease may take years to manifest, patients have to live with the knowledge that their condition is fatal. Asbestos has caused financial difficulties for many asbestos sufferers, who have required the sale of their homes, pay medical bills and make other costly changes to their lives.

In recent years, however many families of mesothelioma victims have resorted to suing manufacturers and suppliers of asbestos products. This is because the law permits individuals to seek compensation for their losses even after their companies have filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, many of these companies were forced to retire or close. There are still a lot of plaintiffs seeking to pursue the remaining companies. The number of asbestos lawsuits has actually increased.

Some of these cases are being used to benefit certain attorneys and their clients. For example a judge from New York City recently made an order that reverses the long-standing policy against mesothelioma lawsuits involving punitive damages. This was done in response to an attorney for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma sufferers.

This was a single instance, but it caught the attention of a lot. Many people believe the case is an indicator of the shady tactics that have become common in a variety of asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver attracted more attention to the links between trial lawyers and politicians. This may help to bring some stability to the system.

You should seek legal counsel immediately if diagnosed with mesothelioma or another asbestos-related illness. The best mesothelioma attorneys will offer a no-cost consultation to discuss your situation with you and determine the best strategy for you. The process of filing an asbestos claim can take several months, so it is essential that you work with an attorney who is familiar with the complexities involved and knows how to achieve results.