Asbestos Litigation Cases - Individual Versus Class Action
In some instances, plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Scientists have proven that exposure to asbestos can cause lung disease and damage. Since mesothelioma is a disease with 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 lawsuits are the longest running mass tort in U.S. history. State and federal courts began processing asbestos cases in the 1970s following research that linked asbestos exposure with illnesses like mesothelioma or lung cancer.
Many companies that mined asbestos, manufactured asbestos products, and supplied them knew the dangers but hid or brushed them aside. As a result, numerous asbestos companies filed for bankruptcy due to lawsuits brought by victims and their families. The majority of companies that filed for bankruptcy created asbestos trust funds to pay compensation to the victims.
A small percentage of asbestos-related cases are heard. In these cases, judges tend to be skeptical of defense arguments of the defendants. They are often able to award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the trial process and obtained significant verdicts for mesothelioma victims.
The complexity of asbestos cases makes it difficult to win. In an asbestos case, plaintiffs have to prove that their condition was directly caused by the company's exposure. This requires a comprehensive database of the workers, their job sites and their employers' names, products they used, their suppliers and vendors. The process of creating this information could take a long time especially if a victim's history of work is complicated. It could involve a thorough interview with coworkers or family members as well as abatement workers, suppliers, and other parties that could be involved in the case.
Expert witness testimony is also needed to support claims that asbestos-related illnesses have been a factor. These experts are usually physicians who have received training in the diagnosis and pathology of asbestos-related diseases and have analyzed a patient's medical records. This is particularly important in cases of mesothelioma, which is a difficult disease to identify.
Defendants may also attempt to discredit experts by attacking their backgrounds or professional qualifications. This is a worrying trend that has been observed in recent years, as defendants are increasingly challenging worldwide scientific consensus that asbestos causes mesothelioma as well as other illnesses.
The First Case
Asbestos lawsuits differ from other personal injury claims. Inhaling asbestos fibers can lead to mesothelioma, a rare condition, or other asbestos-related diseases. These types of injuries are often caused by exposure at certain job sites, including power plants, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide manner, not individually. This permits plaintiffs to file an action against several defendants, and to receive compensation from a variety of sources.
A man who was exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma following inhaling asbestos-containing particles when constructing vessels at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.
A dock worker filed a claim in the early 1990s, after developing mesothelioma from exposure to asbestos released by the factories where he was employed. The widow of the victim filed a lawsuit against five companies that included Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.
Other cases followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any workers' injuries (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were warned that they could be sued for their products.
Lawyers representing the plaintiff in an asbestos lawsuit have to be aware of the complex chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as as identifying the potential defendants. It is also important to ensure that the lawsuit is in line with state and federal laws that pertain to asbestos litigation. This includes laws which govern asbestos disclosure procedures.
One of the most crucial steps is to choose an attorney who is specialized in mesothelioma lawsuits. A reputable law firm will offer a free consultation and review the medical records of the patient that relate to asbestos to determine whether they are eligible for an asbestos lawsuit.
The Second Case
Asbestos sufferers have won significant awards in the courts, which are usually higher than what they would receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have received compensation for many reasons including psychological and physical injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung disease and lung damage as compared to those who do not work with asbestos.
As a result, a number of law firms that had years of experience in asbestos litigation filed large mesothelioma cases in large numbers. It was a way to gain recognition and make money. But, this method did not work for mesothelioma sufferers well. Many of these firms took on more cases than they could handle, and didn't provide the proper medical support and representation that mesothelioma patients need.
The defendants and insurance companies have also employed other strategies to stop asbestos claims. Insurance companies, for instance, argued that asbestos victims must prove that the asbestos they were exposed to was responsible for their illness. This was a direct attack on the principle of joint-and-several liability, which permits plaintiffs to be held responsible for all damages resulting from asbestos exposure by multiple defendants.
Mesothelioma patients and their attorneys were vehemently opposed to this method. They argued that it was unfair to require asbestos patients to prove the exact reason for their condition before they can claim damages. This would also discourage victims from bringing cases with reputable law offices and force them to 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 ruling did not affect the massive sums of money given to asbestos victims by the insurance industry. This is why it is essential to choose an asbestos compensation law firm that is renowned for its expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases involve severe injuries to people who's lives were forever altered through exposure to a fatal carcinogen. Mesothelioma is a kind of cancer that affects tissues surrounding internal organs, such as the lungs. Cancer can also spread into the abdominal cavity, chest wall, brain, and heart. The disease can take years to develop and victims are often forced to endure the knowledge of their degenerative condition. Asbestos has led to financial hardship for many asbestos sufferers, who have been forced to sell their homes, pay medical bills, and make other expensive modifications to their lives.
In recent years, however many mesothelioma patients' families have taken to suing the suppliers and manufacturers of asbestos products. This is due to the fact that the law allows people to seek damages compensation even after their businesses have filed for bankruptcy.
Ogden asbestos lawsuits of these companies were forced to shut down and retire after paying billions of dollars in settlements to asbestos victims. But there's still a large number of plaintiffs looking to sue the remaining companies. The number of asbestos claims has actually increased.
Certain cases have been manipulated by certain lawyers to gain their clients. For example, a judge in New York City recently made an order that reverses the long-standing policy against mesothelioma lawsuits that award punitive damages. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
This was a single instance, but it caught the attention of a lot. Many believe the case is an indication of the shady tactics that have become common in a variety of asbestos lawsuits. The corruption scandal surrounding the 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 have been diagnosed as having mesothelioma, or another asbestos-related disease. The most effective mesothelioma lawyers will offer a no-cost consultation in order to discuss your situation with you and determine the best course-of-action. The process of submitting an asbestos claim can take several months, therefore it is vital to work with an attorney who is familiar with the complexities involved and knows how to achieve results.