Asbestos Litigation Cases - Individual Versus Class Action
In some instances, plaintiffs prefer to file individual lawsuits over collective actions. Individual lawsuits can offer greater compensation for mesothelioma and other asbestos-related diseases.
Researchers have discovered that exposure to asbestos can cause lung damage and cause lung disease. Because mesothelioma sufferers have an estimated latency of 40-50 years, it may take an extended time for patients to develop the illness.
The History of Asbestos Litigation
Asbestos lawsuits are 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 in the pleura.
Many companies that mined, produced and sold asbestos products were aware of the dangers, but ignored or hid from these dangers. Many asbestos companies filed for bankruptcy due to lawsuits brought by the victims and their family members. The majority of the companies that declared bankruptcy set up asbestos trust funds to compensate victims.
While the majority of asbestos-related claims settle out of court, a small amount of cases go to trial. In these instances, judges tend to be skeptical of defendants' arguments. They often award large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and obtained significant verdicts for mesothelioma patients.
The complex nature of asbestos lawsuits is what makes it difficult to win. In a lawsuit involving asbestos plaintiffs must show that their illness was caused by exposure to asbestos, a dangerous substance. This is a requirement for a database that ties workers, their work sites and employers, as well as the products they used and their suppliers and vendors. what asbestos litigation pros and cons of developing this data can take years especially if a victim's history of work is complicated. It could involve interviews with coworkers or family members and abatement workers, as well as suppliers and other parties who could potentially be responsible.
Expert witness testimony is also required to support claims that asbestos-related diseases have occurred. Expert witnesses are typically doctors who have completed training in the diagnosis and pathology of asbestos-related illnesses, and have analyzed the medical records of a patient. This is especially crucial in the case of mesothelioma which is a difficult disease to identify.
Defendants can also try to discredit experts based on their background or qualifications. In recent years defendants have challenged the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos claims are different from other personal injury claims. The lawsuits are based on an uncommon disease that's caused by inhaling the microscopic fibers and subsequently developing mesothelioma or another asbestos-related disease. These injuries usually result by exposure to asbestos at certain workplaces, including power stations, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide fashion and not in a single instance. This allows the 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 fees.
The first mesothelioma case was filed in 1927 by a seaman who was exposed to asbestos while working on the deck of a British ship. The victim contracted mesothelioma from asbestos particles inhaled during the construction of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients like the Royal Navy.
A dock worker filed a case in the early 1990s following suffering from mesothelioma after exposure to asbestos released by the factories in which he worked. The victim's widow filed an action against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The ruling increased the number of asbestos-related claims. It also put asbestos manufacturers on notice that they could face litigation over their products.
Lawyers for the plaintiff in an asbestos lawsuit have to be aware of the complex chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It is also important to ensure that the lawsuit is in compliance with the federal and state laws that pertain to asbestos litigation. This includes those that regulate asbestos disclosure procedures.
The most important step is to find an attorney with experience 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 a lawsuit involving asbestos.
The Second Case
Asbestos patients have received substantial payouts in court, which are often more than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for a variety of reasons, including the physical and psychological damages caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to suffer lung diseases and damage than those who did not work with it.
In this way, a variety of law firms that had extensive experience in asbestos litigation filed huge mesothelioma cases in large numbers. This allowed firms to earn a profit and gain recognition for their skills. This method was not helpful to mesothelioma patients. These companies took on more cases than they could handle and did not offer the medical support and representation that mesothelioma sufferers need.
Insurance companies and defendants also used other tactics to stop asbestos claims. For instance the insurance industry argued that asbestos sufferers should be required to prove the specific asbestos they were exposed to was the cause for their illness. This was an open challenge to the principle of joint and several liability, which permits one plaintiff to be held responsible for all damages resulting from exposure to asbestos caused by multiple defendants.
Mesothelioma patients as well as their attorneys were vehemently opposed to this approach. They argued that it was unfair to insist that asbestos sufferers to prove the root cause for their illness before they could claim damages. Additionally, it could dissuade people from filing claims with legal firms that are reputable and force them to settle their case with less than what they are entitled to.
The House of Lords ultimately sided with the victims and rejected arguments of insurers. The decision did not affect the massive sums that insurance companies pay to asbestos victims. It is important to choose an asbestos compensation firm with a good reputation for 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 to court the first successful asbestos compensation case.
The Third Case
Asbestos cases are different from other toxic tort cases because they result in serious injuries that have forever altered the lives of people who were exposed to a fatal carcinogen. Mesothelioma affects the tissues surrounding organs inside, including the lungs. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. Because the disease may take years to manifest, patients have to live knowing that their condition is fatal. Asbestos has led to financial hardship for asbestos-related victims who have required the sale of their homes, pay medical expenses and make other significant changes to their lives.
In recent times numerous families have filed lawsuits against asbestos product suppliers and manufacturers. The law allows compensation to be sought even if the company has filed for bankruptcy.
Many of these companies have been forced to shut down and retire after paying billions in settlements to asbestos victims. But there's still a large number of plaintiffs who want to sue the remaining companies. In fact, the number of new asbestos lawsuits has risen.
Certain cases have been manipulated by certain lawyers to gain their clients. For example, a judge in New York City recently made a ruling that reversed the long-standing policy against mesothelioma lawsuits that award punitive damages. This was on the advice of an attorney for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma victims.
Although it was a single instance, it has attracted the attention of a lot of observers. Many believe that this case is a sign of the fraudulent tactics that have become common in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver brought more attention to the connections between trial lawyers and politicians. This could help bring some stability to the system.
You should seek legal counsel immediately if you have been diagnosed with mesothelioma or another asbestos-related disease. The top mesothelioma attorneys will give you a no-cost consultation to discuss your case and determine the best course of action. Asbestos claims can take several months to process, so you need an attorney who knows the intricacies and the best way to achieve results.