Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proved that exposure to asbestos can lead to lung disease and damage. Because mesothelioma sufferers have a latency time of 40-50 years, it may take long for patients to develop the disease.
The History of Asbestos Litigation
Asbestos suits are the longest running mass tort in U.S. history. The federal and state courts only began to process asbestos cases in the 1970s, following research that linked asbestos exposure to diseases such as mesothelioma and lung cancer.
Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but omitted or minimized the risks. As a result, numerous asbestos companies filed for bankruptcy due to lawsuits brought by the families of victims. Most of the companies who declared bankruptcy had asbestos trust funds as compensation to victims.
A few asbestos-related cases are heard. In these instances, judges tend to be skeptical of the defense arguments of the defendants. They will often give substantial verdicts to the victims. Asbestos attorneys have successfully moved thousands of cases through the court process and secured significant verdicts for mesothelioma victims.
However, the complexity of an asbestos case can make it difficult to win. In an asbestos lawsuit plaintiffs must prove that their illness was caused by a company's exposure to the hazardous substance. This requires a database that connects workers, their work locations and employers, as well as the products they used, and their suppliers and vendors. The process of creating this information can take years, especially when a victim's work history is complicated. It could involve a thorough interview with coworkers or family members and abatement workers, as well as suppliers and other parties who might be responsible.
Expert witness testimony is also required to support claims that asbestos-related diseases have occurred. These expert witnesses are often doctors who have been trained in the pathology and diagnosis of asbestos-related illnesses, and have reviewed the medical records of a patient. This is particularly important in mesothelioma cases where the disease can be extremely difficult to detect.
Defendants can also try to discredit experts through their qualifications or background. This is a troubling trend that has been observed in recent years as defendants are increasingly challenging global scientific consensus that asbestos is the cause of mesothelioma and other diseases.
The First Case
Asbestos cases are unique from other personal injury claims. The lawsuits are based on an uncommon disease that's caused by inhaling the tiny fibers, and later developing mesothelioma or a different asbestos-related disease. These types of injuries are typically caused by exposure at certain workplaces, including power plants, shipyards and construction projects.
Asbestos lawsuits are filed in a group-wide manner, not individually. This allows victims to file an action against several defendants, and to receive compensation from various sources.
A man who was exposed to asbestos on a British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma after breathing asbestos particles that were released during the construction of 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 in which he worked. The victim's spouse filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil drilling rigs, industrial processes and other industrial processes.
Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers accountable (Borel v. Fibreboard) for any injuries to workers. Simi Valley asbestos attorney has increased the number of asbestos-related lawsuits, and asbestos manufacturers were put on notice that they could be sued for their products.
Lawyers representing a plaintiff in a lawsuit involving asbestos must be aware of the complicated chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses and identifying potential defendants. It also involves making sure that the lawsuit is compliant with state laws and federal regulations pertaining to asbestos litigation, such as the ones that govern asbestos discovery procedures.
The most important step is to locate an attorney with expertise in mesothelioma. A reputable law firm will offer a no-cost consultation and examine the medical records of the client related to asbestos to determine whether they are eligible for a lawsuit against asbestos.
The Second Case
Asbestos victims have received significant awards at court. These awards are usually higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for many reasons including the psychological and physical harm caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to have lung disease and damage than those who did not work with it.
As such, a number of law firms that had extensive experience in asbestos litigation filed massive mesothelioma cases in large numbers. It was a way to be recognized and earn money. However, this approach did not serve mesothelioma sufferers well. Many of these companies took on more cases than they could handle, and didn't offer the proper medical support and representation that mesothelioma patients deserve.
Insurance companies and defendants have also used other tactics to stop asbestos claims. For example the insurance industry claimed that asbestos sufferers should be required to prove the specific asbestos they were exposed to caused for their condition. This was an open challenge to the principle of joint and several liability, which permits one plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.
This approach was met with a spirited opposition from mesothelioma sufferers and their lawyers, who argued that it was unfair for asbestos victims to to prove the exact cause of their condition in order to recover damages. This would also discourage victims from filing lawsuits with legal firms that are reputable and make them settle for less than the case is worth.
In the end the House of Lords sided with the victims, and dismissed the arguments of insurers. However, this decision did not affect the massive sums of money given to asbestos victims by the insurance industry. This is why it is essential to select 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 law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases can result in extremely serious injuries to those who's lives were forever altered by exposure to a deadly carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs, such as the lung. The cancer can also be spread to the abdominal cavity as well as the chest wall, heart and brain. Because the disease can be a long time to manifest, patients are often faced in the knowledge that their condition is fatal. Many who have been affected by asbestos have experienced a great deal of financial hardship as they have been forced to sell homes and medical bills and make other expensive 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 due to the fact that the law allows individuals to seek damages compensation even after their companies have filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a lot of these companies were forced to shut down or shut down. However, there are a lot of plaintiffs looking to sue the remaining companies. In fact the number of new asbestos claims has increased.
Some of these cases have been manipulated by certain lawyers to benefit their clients. A New York City judge recently overturned a policy that was in place for a long time against punitive damages in relation to mesothelioma cases. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
Although it was a single case, it has drawn the attention of many observers. Many believe that the case is an indicator of the fraudulent tactics that have become common in a variety of asbestos lawsuits. The corruption scandal that surrounded the former New York Assembly Speaker Sheldon Silver has brought more attention to the connections between trial attorneys and politicians. This could help create some balance in the system.
If you have been diagnosed with mesothelioma or another asbestos-related illness, there's no time to lose in seeking legal representation. The top mesothelioma attorneys will provide you with a no-cost consultation to discuss your case and determine the best way to proceed. The process of submitting an asbestos claim can take many months, so it is vital to engage an attorney who is familiar with the intricacies involved and knows how to obtain results.