Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs would prefer to pursue individual lawsuits rather than group actions. Individual lawsuits can provide greater compensation for injuries caused by asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos can lead to lung disease and damage. Because mesothelioma sufferers have a latency period of 40-50 years, it can take a long time for victims to develop the disease.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest running mass tort in U.S. history. It wasn't until the 1970s that federal and state courts started taking asbestos cases into consideration, following medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and other diseases such as asbestosis, pleural thickening and plaques of the pleura.
Many companies that mined asbestos, made asbestos products, and supplied asbestos products were aware of the dangers, but hid or brushed them aside. As a result, numerous asbestos companies went bankrupt due to lawsuits brought by families of victims. The majority of companies that filed for bankruptcy set up asbestos trust funds to compensate to victims.
A small percentage of asbestos-related cases are tried. In these cases, judges are often skeptical of defenses and often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the court process and secured significant verdicts for mesothelioma sufferers.
However, the complexity of an asbestos case can make it difficult to be successful. In an asbestos case plaintiffs must prove that their condition was directly triggered by exposure to asbestos in the workplace. This requires a database that connects workers, their workplaces and employers, as well as the products they used, and their suppliers and vendors. The process of creating this information can take years particularly if the victim's work history is complicated. Interviewing family members, coworkers Abatement employees, suppliers, and other parties who could be responsible may be necessary.
Expert witness testimony is also required to prove that asbestos-related illnesses have occurred. Expert witnesses are typically doctors who have been trained in the pathology and diagnosis of asbestos-related diseases, and have analyzed a patient's medical records. This is especially crucial in mesothelioma-related cases, as the disease is often difficult to diagnose.
Defendants can also try to discredit experts through their qualifications or background. This is a worrying pattern that has been seen in recent years as defendants are increasingly challenging the global scientific consensus that asbestos causes mesothelioma as well as other diseases.
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 tiny fibers, and later developing mesothelioma or another asbestos-related disease. These kinds of injuries are typically caused by exposure at certain work sites, such as power plants, shipyards, and construction projects.
Asbestos lawsuits are filed in a group-wide manner and not in a single instance. This allows victims to file a lawsuit against multiple defendants, and receive compensation from a variety of sources.
The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on a British ship. The victim was diagnosed with mesothelioma due to asbestos particles inhaled during the construction of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients, including the Royal Navy.
Another case that was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos emissions from the factories where he 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 drilling rigs, industrial processes and other industrial processes.
Other cases began to follow. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly accountable (Borel v. Fibreboard) for any injuries to workers. The decision increased the volume of asbestos-related claims, putting asbestos manufacturers on notice that they could be sued over their products.
Lawyers representing plaintiffs in a suit involving asbestos must comprehend the intricate chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as in identifying the potential defendants. It is also about ensuring that the lawsuit complies 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 find an attorney who has experience in mesothelioma. A reputable law office will offer a no-cost consultation and examine the medical records of the client related to asbestos in order to determine if they are eligible for an asbestos lawsuit.
Albuquerque asbestos attorney have won significant awards at court. These awards are often higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for various reasons including the psychological and physical harm caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to have lung disease and damage than those who didn't work with asbestos.
This is why a number of law firms with extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a way to get noticed and make money. But, this method did not work for mesothelioma sufferers well. Many of these companies were able to handle more cases than they could handle, and didn't provide the proper medical support and representation that mesothelioma patients deserve.
The defendants and insurance companies have employed various strategies to stop asbestos claims. For example the insurance industry claimed that asbestos sufferers must be required to prove that the specific asbestos they were exposed to was responsible for their illness. This was an attack on the concept of joint and multiple liability, which permits one plaintiff to be held accountable for all damages resulting from exposure to asbestos by multiple defendants.
Mesothelioma patients and their attorneys were strongly against this strategy. They claimed that it was unfair to require asbestos sufferers to prove the reason for their condition before they could recover damages. This could deter patients from bringing cases with reputable law offices and make them accept less than what their case is worth.
The House of Lords ultimately sided with victims and rejected the arguments of insurers. However, this ruling did not affect the massive sums of money given to asbestos victims by the insurance industry. This is why it is important to choose an asbestos compensation law firm that is known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also responsible for the first ever successful asbestos compensation claim to court in 1972.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases result in severe injuries to people who's lives were permanently altered due to exposure to a dangerous carcinogen. Mesothelioma is a form of cancer that affects the tissues surrounding internal organs such as the lungs. The cancer can also spread to the chest wall, abdominal cavity and even the brain. The disease can take years to manifest, and sufferers are often left to endure the knowledge of their degenerative condition. Many who have been affected by asbestos have suffered many financial hardship since they were forced to sell homes and pay medical bills and make other expensive changes to their lives.
In recent years, however many mesothelioma patients' families have decided to sue asbestos-related companies and suppliers. products. This is because the law allows individuals to seek compensation for their losses even after their businesses have filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, a lot of these companies were forced to shut down or close. But there's still a large number of plaintiffs looking to sue the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases have been manipulated by certain attorneys to gain their clients. A New York City judge recently reversed a policy that was in place for a number of years to prevent punitive damages in relation to mesothelioma lawsuits. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma victims.
This was only one instance, but it drew the attention of many. Many believe that the case is an indication of the deceitful methods that have become a regular feature in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which may help restore some balance to the system.
If you have been diagnosed with mesothelioma or an asbestos-related disease, there's no time to lose in seeking legal advice. The most reputable mesothelioma attorneys will offer a free consultation in order to discuss your case with you and decide on the best strategy for you. Asbestos claims can take a long time to be processed, so you need an attorney who knows the intricacies and the best way to achieve results.