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Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs are pursuing individual lawsuits instead of the traditional class action. Individual lawsuits may provide more compensation for mesothelioma or other asbestos-related diseases.

Scientists have proven that asbestos exposure causes lung damage and diseases. It can take several years for mesothelioma sufferers to develop the disease due to its 40-50 year latency time.

The History of Asbestos Litigation

Asbestos suits are among the longest-running mass torts in U.S. History. It was not until the 1970s when state and federal courts began processing asbestos cases, after medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening, and plaques of the pleura.

Many companies that mined, made and sold asbestos products were aware of the dangers, but ignored or downplayed these dangers. In the end, a number of asbestos companies filed for bankruptcy under the weight of lawsuits brought by families of victims. The majority of companies that filed for bankruptcy created asbestos trust funds to compensate to victims.

While the vast majority of asbestos-related claims are settled out of court, a small percentage of cases are brought to trial. In these cases, judges tend be skeptical of the defendants' arguments. They are often able to give large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and obtained significant verdicts for mesothelioma sufferers.

However, the complexities of a case involving asbestos can make it difficult to be successful. In a case involving asbestos, plaintiffs have to prove that their condition was directly caused through exposure to asbestos by the company. This requires a database that connects workers, their work sites and employers, as well as the products they used, and their suppliers and vendors. This process can take many years, especially if the victim's work history is complex. It could involve interviews with coworkers, family members and abatement workers, as well as suppliers, and other parties that could be involved in the case.

The evidence in an asbestos case also requires expert witness testimony to support the claims of an asbestos-related disease. Most often, these expert witnesses are doctors with training in the asbestos-related pathologies and who have reviewed the medical records of a patient. This is especially crucial in mesothelioma-related cases, as the disease can be very difficult to detect.

Defense lawyers may also seek to discredit experts by attacking their background or their professional qualifications. In recent time, defendants have been challenging the scientific consensus that mesothelioma is caused by asbestos.

The First Case

Asbestos claims are different from other personal injury lawsuits. The lawsuits are based on a rare illness that's caused by inhaling the microfibers and then developing mesothelioma or another asbestos-related disease. These injuries are often caused from exposure to asbestos at specific work sites, such as power stations, 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 money, resulting in lower legal costs.

A man who was exposed to asbestos on an British vessel in 1927 filed the first mesothelioma lawsuit. The victim contracted mesothelioma after breathing asbestos particles that were released when constructing ships at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients.

A dock worker filed a case in the early 1990s after developing mesothelioma as a result of exposure to asbestos released by factories he worked in. The victim's widow 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 were followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The decision boosted the number of asbestos-related claims. It also put asbestos manufacturers on notice that they would be sued over their products.

Lawyers representing plaintiffs in a lawsuit involving asbestos must understand the complex chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as as identifying potential defendants. It also involves ensuring that the lawsuit complies with the state laws and federal regulations that govern asbestos litigation, such as those that govern asbestos discovery procedures.

One of the most important steps is choosing an attorney that specializes in mesothelioma cases. A reputable law office will provide a no-cost consultation and review the client's medical records related to asbestos to determine whether they are eligible for a lawsuit against asbestos.

The Second Case

Asbestos victims have won significant settlements in court. These awards are usually more than the settlements provided by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for various reasons that include the psychological and physical harm caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to develop lung disease and damage than those who didn't work with asbestos.

As a result, a number of law firms that had years of experience in asbestos litigation filed large volumes of mesothelioma cases. It was a way to be recognized and earn money. However, this strategy did not work for mesothelioma sufferers well. Many of these companies took on more cases than they could handle, and did not provide the appropriate medical support and representation that mesothelioma patients deserve.

The defendants and insurers employed other strategies to stop asbestos claims. The insurance industry, for example, argued that asbestos lawyers victims should be required to show that the asbestos to which they were exposed to was the cause for their condition. This was an open challenge to the principle of joint and several liability, which allows one plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants.

This strategy was met with a fierce restraining from mesothelioma sufferers as well as their lawyers, who claimed that it was unfair for asbestos lawsuit sufferers to to prove the root of their illness to be able to claim damages. Additionally, it could discourage people from filing claims with reputable law firms and potentially force them to settle their claims for less than they deserve.

The House of Lords ultimately sided with victims and rejected the arguments of the insurers. However, this ruling did not affect the huge sums of money paid to asbestos victims by the insurance industry. It is essential to choose an asbestos compensation firm with a good reputation for proficiency and competence. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We also played a role in 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 involve serious injuries that have irrevocably affected 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 may also be spread to the abdominal cavity as well as the chest wall, heart and even the brain. Since the disease can take decades to manifest, victims must often live in the knowledge that their condition is end-of-life. Many of those who have been affected by asbestos have experienced many financial hardship as they have been forced to sell homes, pay medical bills, and make other costly adjustments to their lives.

In recent years however numerous families have filed lawsuits against asbestos product manufacturers and suppliers. The law permits compensation to be sought even when the company has filed for bankruptcy.

After paying billions of dollars in settlements to asbestos victims, many of these businesses were forced to close or close. However, there are a lot of plaintiffs looking to sue the remaining companies. The number of asbestos-related lawsuits has actually 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 punitive damages in mesothelioma lawsuits. This was done in response to a lawyer for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma sufferers.

While this was only one instance, it has attracted the attention of a lot of observers. Many people believe the case is an indication of the fraudulent tactics that have become common in a variety of asbestos lawsuits. The corruption scandal that afflicted the former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the links between trial lawyers and politicians, which could help restore some balance to the system.

It is important to seek legal advice immediately if diagnosed as having mesothelioma, or another asbestos-related illness. The most reputable mesothelioma lawyers will give you a no-cost consultation to discuss your situation and determine the best way to proceed. Asbestos claims can take months to process, which is why you need a lawyer who understands the complexities of the case and how to get results.