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Asbestos Litigation Cases - Individual Versus Class Action

In some cases, plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits could provide greater compensation for injuries resulting from asbestos and mesothelioma.

Researchers have discovered that exposure to asbestos can lead to lung diseases and damage. Because mesothelioma has a latency period of 40-50 years, it could take long for patients to develop the illness.

The History of Asbestos Litigation

Asbestos lawsuits 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 diseases like mesothelioma and lung cancer.

Many companies that mined asbestos, made asbestos products, and supplied asbestos products were aware of the dangers, but downplayed or ignored them. In the end, a number of asbestos companies filed for bankruptcy due to lawsuits brought by the families of victims. The majority of companies who filed for bankruptcy put asbestos trust funds in order to pay victims.

While the vast majority of asbestos-related claims settle out of court, a small number of cases go to trial. If this happens judges are generally skeptical of defenses and often award large verdicts for victims. Asbestos lawyers have successfully moved thousands cases through the court process and have secured significant verdicts for mesothelioma patients.

However, the complexity of an asbestos case can make it difficult to win. In a case involving asbestos plaintiffs must prove that their condition was directly caused through exposure to asbestos by the company. This requires a database that links workers, their workplaces, their employers, the products they used, and their suppliers and vendors. This can take many years, especially if the victim's work history is complex. Interviewing family members and coworkers, abatement employees suppliers, and other people who might be responsible could be necessary.

Expert witness testimony is needed to support claims that asbestos-related diseases have occurred. These expert witnesses are often doctors who have completed training in the diagnosis and pathology of asbestos-related diseases, and have reviewed the medical records of patients. This is especially important in the case of mesothelioma which is a difficult disease to identify.

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

The First Case

Asbestos claims differ from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, a rare condition or other asbestos-related illnesses. These kinds of injuries are typically caused by exposure to certain work sites, such as power plants, shipyards, and construction projects.

Contrary to other forms of civil litigation asbestos lawsuits are filed on a class-wide basis rather than separately. This permits victims and their families to file a single suit against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal costs.

The first mesothelioma claim was filed in 1927 by a seaman who was exposed to asbestos while working on a British ship. The victim was diagnosed with mesothelioma due to asbestos particles inhaled 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 after developing mesothelioma as a result of exposure to asbestos released by factories where he was employed. 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 drilling rigs, industrial processes and other industrial processes.

Other cases were followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible (Borel v. Fibreboard) for any injuries to workers. The decision led to an increase in asbestos attorney-related lawsuits. As well, asbestos manufacturers were warned that they could be sued for their products.

Lawyers for the plaintiff in an asbestos lawsuit have to be aware of the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It is also crucial to ensure that the lawsuit is in line with state and federal laws that relate to asbestos litigation. This includes the laws which govern asbestos disclosure procedures.

The most important step is to locate an attorney with experience in mesothelioma. A reputable law firm will offer a free consultation and review the medical records of the client that are related to asbestos to determine whether they are eligible for a lawsuit involving asbestos.

The Second Case

Asbestos victims have received significant awards at court. These awards are typically higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been awarded compensation for a variety of reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung disease and lung damage than those who do not work with asbestos.

As a result, many law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. This was a method for firms to earn money and earn recognition for their expertise. But, this method did not benefit mesothelioma patients well. Many of these firms took on more cases than they could handle and did not provide the necessary medical support or representation that mesothelioma patients deserve.

Insurance companies and defendants employed other strategies in order to combat asbestos claims. For instance, argued that asbestos victims must demonstrate that the asbestos they were exposed was responsible for their condition. This was a direct attack on the principle of joint and multiple liability, which permits the plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.

This idea was met with a spirited opposition from mesothelioma patients and their lawyers, who argued that it was unfair for asbestos victims to have to prove the root of their condition in order to claim damages. This would also discourage victims from bringing cases with legal firms that are reputable and force them to accept less than what their case is worth.

In the end the House of Lords sided with the victims, and dismissed the insurers' arguments. This ruling did not impact the massive sums that insurance companies pay to asbestos victims. This is why it is essential to choose an asbestos compensation law firm that is well-known for its skill and expertise. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We also played a role in the first ever successful Asbestos Lawyer compensation case to court in 1972.

The Third Case

Asbestos cases differ from other toxic tort cases because they result in serious injuries that have irrevocably changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lungs. The cancer can also spread to the abdominal cavity, chest wall, heart and the brain. The disease can take years to develop and victims are often left to be aware of their terminal condition. Asbestos has led to financial hardship for many asbestos sufferers who required the sale of their homes, pay medical expenses and make other costly changes to their lives.

In recent times there have been numerous lawsuits filed by families against asbestos product manufacturers and suppliers. This is due to the fact that the law allows individuals to seek compensation for damages 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. But there are still plenty of plaintiffs who wish to sue those that remain. In fact the number of new asbestos lawsuits has increased.

Some of these cases have been manipulated by certain lawyers to benefit their clients. For instance a judge from New York City recently made a ruling 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 victims.

This was a single instance, but it drew the attention of many. Many believe that the case is an indicator of the fraudulent methods that have become a regular feature in many asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought greater scrutiny to the links between trial lawyers and politicians, which could help bring some balance back to 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 top mesothelioma attorneys will offer you a free consultation to talk about your case and determine the best course of action. The process of filing an asbestos claim can take several months, which is why it is essential that you work with an attorney who is familiar with the complexities involved and knows how to get results.