Asbestos Litigation Cases - Individual Versus Class Action
In certain cases, plaintiffs are pursuing individual lawsuits, rather than a class action. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related injuries.
Researchers have discovered that exposure to asbestos can cause lung damage and causes disease. It could take a long time for mesothelioma victims to develop the disease due to the 40-50 year time frame of latency.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. State and federal courts began processing asbestos cases in the 1970s, after medical research connected asbestos exposure with diseases such as mesothelioma and lung cancer.
Many companies that mined, produced and supplied asbestos products knew of the dangers, but omitted or minimized the dangers. As a result, numerous asbestos-related companies were forced to close due to lawsuits filed by families of victims. The majority of companies that filed for bankruptcy set asbestos trust funds to pay victims.
A small percentage of asbestos-related cases are tried. When this happens judges are usually skeptical of the defense and will award large verdicts to the victims. Asbestos lawyers have been able to successfully move thousands of cases through the court process and have secured significant verdicts for mesothelioma patients.
However, the complexities of a case involving asbestos can make it difficult to win. In an asbestos-related case plaintiffs must demonstrate that their illness was directly caused by the company's exposure. This requires a database that connects workers, their work locations and employers, as well as the products they used, and their suppliers and vendors. This can take many years, especially if the victim's work history is complex. Interviewing family members, coworkers as well as abatement employees suppliers, and other parties who might be responsible could be necessary.
Expert witness testimony is required to prove that asbestos-related diseases have occurred. Often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases and who have examined the medical records of an individual. This is especially crucial in mesothelioma cases, where the disease can be extremely difficult to diagnose.
The defendants can also try to discredit experts by pointing out their credentials or background. In recent years defendants have questioned the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos cases are unique from other types of personal injury lawsuits. Asbestos fibers inhalation can cause mesothelioma, which is a rare illness or other asbestos-related illnesses. These injuries typically result from exposure to asbestos in certain workplaces, including shipyards, power stations and construction projects.
Asbestos lawsuits are filed in a class-wide manner and not separately. This allows victims to bring a lawsuit against multiple defendants, and to receive compensation from different sources.
The first mesothelioma claim was filed in 1927 by a seaman who was exposed to asbestos while working on the deck of a British ship. The victim developed mesothelioma as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients such as the Royal Navy.
Another case that was filed by a dock worker who developed mesothelioma following exposure to asbestos emissions from the factories where the worker 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 industrial processes, rigs, and other industrial processes.
Other cases 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 lawsuits, putting asbestos manufacturers on notice that they would be sued for their products.
Lawyers representing a plaintiff in a suit involving asbestos must comprehend the intricate chain of exposure. This involves establishing 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 federal and state laws that are relevant to asbestos litigation. This includes those that regulate asbestos disclosure procedures.
One of the most important steps is to choose an attorney that specializes in mesothelioma lawsuits. A reputable law firm will provide a asbestos litigation group no-cost consultation and will review the client's medical records related to asbestos in order to determine eligibility for a asbestos lawsuit.
The Second Case
Asbestos sufferers have gotten significant awards at court. These awards are typically greater than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have been compensated for a variety of reasons that include the physical and psychological damages caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to have lung disease and damage than those who didn't work with it.
As a result, many law firms that had extensive experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This allowed them to make a profit and gain recognition for their skills. But, this method did not work for mesothelioma sufferers well. These companies took on more cases than they could handle and didn't provide the medical assistance and representation that mesothelioma sufferers need.
Insurance companies and defendants have employed various strategies to stop asbestos claims. The insurance industry, for instance, argued that asbestos victims should be required prove that the asbestos they were exposed was responsible for their health. This was a direct assault on the concept of joint-and-several liability, which permits a plaintiff to be held accountable for all damages resulting from asbestos exposure by multiple defendants.
This idea was met with fierce opposition from mesothelioma sufferers and their lawyers, who argued that it would be unfair for asbestos sufferers to be required to prove the cause of their illness in order to claim damages. This could deter patients from bringing lawsuits against reputable law offices and make them settle for less than their case is worth.
In the final decision the House of Lords sided with the victims, and rejected the insurers' arguments. The decision did not affect the large sums of money paid by the insurance industry to asbestos victims. This is why it is essential to select an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos compensation cases than any other law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case.
The Third Case
Asbestos cases differ from other toxic tort cases because they cause serious injuries that have irrevocably altered the lives of people who were exposed to a deadly carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lungs. The cancer may also spread to the abdominal cavity and chest wall, heart and even the brain. Since the disease can take decades to manifest, patients are often faced with the knowledge that their condition is end-of-life. Asbestos has caused financial hardship for many asbestos victims who required the sale of their homes, pay medical bills and make other costly changes to their lives.
In recent years, however numerous families have filed lawsuits against asbestos-related companies and suppliers. This is due to the fact that the law allows people to seek compensation for their losses even after their businesses have filed for bankruptcy.
Many of these companies were forced to shut down and retire after paying billions in settlements to asbestos victims. There are still many plaintiffs who wish to pursue the remaining companies. In fact the number of new asbestos lawsuits has increased.
Certain cases are being manipulated to benefit certain attorneys and their clients. A New York City judge recently reversed a policy that had been in place for a long time against punitive damages when it comes to mesothelioma cases. This was done on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients.
Although it was a single instance, it has drew the attention of many observers. Many believe the case is a good indicator of the unsavory practices that are commonplace in asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver 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 as having mesothelioma, or any other asbestos-related disease. The most reputable mesothelioma lawyers will provide you with a no-cost consultation to discuss your case and determine the best way to proceed. Asbestos claims can take months to process, which is why you need a lawyer who is knowledgeable about the complexities and the best ways to achieve results.