Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits can offer greater compensation for mesothelioma and other asbestos-related diseases.
Scientists have established that exposure to asbestos causes lung damage and diseases. Because mesothelioma has a latency time of 40-50 years, it may take a long time for victims to develop the illness.
The History of Asbestos Litigation
Asbestos suits are the longest-running mass torts in U.S. history. It was not until the 1970s when state and federal courts began investigating asbestos cases, following medical research linked exposure to asbestos with various diseases, including mesothelioma and lung cancer, and various other illnesses such as asbestosis, pleural thickening, and pleural plaques.
Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but ignored or downplayed these dangers. Many asbestos-related companies filed for bankruptcy due to lawsuits filed by the victims and their family members. The majority of companies who filed for bankruptcy put asbestos trust funds in order to pay victims.
A small percentage of asbestos-related cases are tried. In these cases, judges tend to be skeptical of defenses of the defendants. They often give large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and have secured significant verdicts on behalf of mesothelioma patients.
However, the complexity of a case involving asbestos can make it difficult to win. In an asbestos-related case, plaintiffs have to prove that their illness was directly triggered through exposure to asbestos by the company. This requires a complete database of the workers, their job sites as well as their employer's 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 co-workers and family members Abatement employees suppliers, as well as other parties who might be responsible could be required.
Expert witness testimony is required to support claims that asbestos-related illnesses have occurred. These experts are usually physicians who have received training in the pathology and diagnosis of asbestos-related diseases and have analyzed a patient's medical records. This is especially important in mesothelioma cases, where the disease is often difficult to detect.
The defendants may also try to undermine experts by pointing out their background or their professional qualifications. In recent years defendants have challenged the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos lawsuits differ from other personal injury claims. The lawsuits involve an uncommon disease that's caused by breathing in the microscopic fibers and subsequently developing mesothelioma or a different asbestos-related disease. These kinds of injuries are usually caused by exposure to certain job sites, including shipyards, power plants and construction projects.
Contrary to other forms of civil litigation, asbestos lawsuits are filed on a class-wide basis rather than separately. This allows plaintiffs to bring a lawsuit against multiple defendants and receive compensation from a variety of sources.
The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim developed mesothelioma as a result of asbestos particles inhaled when constructing naval vessels at Harland and Wolff Plc. The company made naval vessels for clients such as the Royal Navy.
Another early case was filed by a dock worker who was diagnosed with mesothelioma after exposure to asbestos emissions from the factories where the worker worked. The victim's wife filed a suit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil industrial processes, rigs, and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals declared asbestos manufacturers accountable (Borel v. Fibreboard) for any injuries to workers. The decision increased the volume of asbestos-related claims. ny asbestos litigation put asbestos manufacturers on notice that they would be sued for their products.
Lawyers representing the plaintiff in an asbestos lawsuit have to understand the complicated chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis, as well as identifying the potential defendants. It is also crucial to ensure that the lawsuit is in line with the federal and state laws that are relevant to asbestos litigation. This includes the laws which govern asbestos disclosure procedures.
The most important thing to do is to find an attorney who has experience in mesothelioma. A reputable law firm will offer a free consultation and review the client's asbestos-related medical records to determine whether they are eligible for an asbestos lawsuit.
The Second Case
Asbestos victims have won significant court awards. These awards are often higher than the settlements offered by asbestos trust funds or mesothelioma. Asbestos sufferers have received compensation for various reasons that include the physical and psychological damages caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung disease and lung damage than those who do not work with asbestos.
As such, a number of law firms with vast experience in asbestos litigation filed massive volumes of mesothelioma cases. This allowed firms to earn money and be recognized for their skills. But, this method did not serve mesothelioma sufferers well. Many of these companies had more cases than they could handle, and didn't offer the necessary medical support or representation that mesothelioma sufferers deserve.
The defendants and insurance companies employed other strategies to fight asbestos claims. Insurance companies, for example, argued that asbestos victims must show that the asbestos to which they were exposed was responsible for their health. This was a direct attack on the principle of joint-and-several liability, which permits plaintiffs to be held accountable for all damages resulting from asbestos exposure by multiple defendants.
Mesothelioma patients and their lawyers were strongly opposed to this method. They argued that it was unfair to insist that asbestos victims to prove the exact reason for their illness before they could recover damages. This could also deter victims from bringing cases with reliable law firms and force them to accept less than what their case is worth.
The House of Lords ultimately sided with victims and rejected the arguments of insurers. The decision did not affect the huge sums of money paid by the insurance industry to asbestos victims. This is why it is crucial to choose an asbestos compensation law firm that is well-known for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos claims than any other UK-based law firm. We were also responsible in 1972 for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases result in extremely serious injuries to those whose lives were irrevocably changed through exposure to a fatal carcinogen. Mesothelioma is a form of cancer that affects tissues that surround internal organs such as the lung. The cancer may also expand to the abdominal cavity as well as the chest wall, heart and the brain. Since the disease can take decades to manifest, victims have to live knowing that their condition is fatal. Many of those who have been affected by asbestos have endured many financial hardship, because they've been forced to sell their homes, pay medical bills, and make other costly changes to their lives.
In recent years however, many families have sued asbestos-related companies and suppliers. This is because the law permits individuals to seek damages compensation even after their businesses have filed for bankruptcy.
Many of these companies were forced to shut down and retire after paying billions of dollars in settlements to asbestos victims. But there are still plenty of plaintiffs who want to sue the remaining companies. The number of asbestos claims has actually increased.
Some of these cases have been manipulated by certain attorneys to gain their clients. For example a judge from New York City recently made a ruling that reversed a longstanding policy against mesothelioma lawsuits involving punitive damages. This was at the request of the lawyer representing Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients.
Although it was a single instance, it has attracted the attention of a lot of observers. Many believe that the case is an indication of the deceitful strategies that are now common in asbestos lawsuits. The corruption scandal that surrounded the former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial lawyers and politicians. This could help create some balance in the system.
You should seek legal representation immediately if you've been diagnosed with mesothelioma or another asbestos-related illness. The best mesothelioma attorneys will offer a no-cost consultation to discuss your case with you and determine the best course-of-action. The process of submitting an asbestos claim can take many months, therefore it is crucial to engage an attorney who understands the intricacies involved and knows how to obtain results.