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 injuries caused by asbestos and mesothelioma.
Scientists have proved that exposure to asbestos can lead to lung disease and damage. Because mesothelioma has an estimated latency of 40-50 years, it may take long for patients to develop the disease.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. Federal and state courts only began to process asbestos cases in the 1970s, following research that linked asbestos exposure to illnesses like mesothelioma or lung cancer.
Many companies that mined asbestos, made asbestos products, and then sold asbestos products were aware of the dangers, but hid or brushed them aside. Many asbestos-related companies declared bankruptcy because of the lawsuits brought by the victims and their family members. The majority of the companies that declared bankruptcy set up asbestos trust funds to compensate victims.
While the vast majority of asbestos-related claims settle out of court, a small number of cases go to trial. When this happens judges are usually skeptical of defendants' arguments and often award large verdicts to the victims. Asbestos lawyers have been able to successfully move thousands of cases through the court process and secured significant verdicts on behalf of mesothelioma patients.
However, the complexity of an asbestos case can make it difficult to win. In an asbestos lawsuit plaintiffs must show that their illness is directly caused by a company's exposure to the hazardous substance. This requires a thorough database that includes the names of workers, their workplaces and their employers' names, products they used, their suppliers and vendors. The process of creating this information could take a long time 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 support claims that asbestos-related illnesses have been a factor. Expert witnesses are typically doctors who have completed training in the pathology and diagnosis of asbestos-related diseases and have analyzed a patient's medical records. This is especially crucial in the case of mesothelioma which can be difficult to diagnose.
Defendants can also try to discredit experts through their credentials or background. In recent time defendants have challenged the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos claims are different from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, which is a rare illness, or other asbestos-related diseases. These injuries are often caused from exposure to asbestos at specific work sites, such as power stations, shipyards and construction projects.
Asbestos lawsuits are filed in a class-wide fashion and not separately. This permits victims and their families to file a single suit against multiple defendants and receive compensation from multiple sources of funds, which results in lower legal fees.
The first mesothelioma lawsuit was filed in 1927 by a seaman who had been exposed to asbestos while working on a British ship. The victim contracted mesothelioma after inhaling asbestos-containing particles during the fabrication of vessels 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 from exposure to asbestos released by factories he worked in. The victim's widow filed a lawsuit against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals declared asbestos manufacturers liable (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were warned that they could face litigation for their products.
Lawyers representing the plaintiff in a lawsuit involving asbestos need to understand the complicated chain of exposure. This includes determining the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also about making sure that the lawsuit is in compliance with the state laws and federal regulations that pertain to asbestos litigation, including those 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 review the client's medical records related to asbestos to determine if they are eligible for a lawsuit against asbestos.
The Second Case
Asbestos victims have received significant payouts in court, and these are often more than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for various reasons, including physical and psychological harms 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 such, a number of law firms that had vast experience in asbestos litigation filed huge mesothelioma lawsuits. This was a method for firms to earn money and be recognized for their skills. But, this method did not work for mesothelioma sufferers well. The firms were able to take on more cases than they were able to handle and did not offer the medical support and representation mesothelioma sufferers deserve.
The defendants and insurance companies have also used other tactics to fight 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 illness. This was an open challenge to the concept of joint and several liability, which permits one plaintiff to be held accountable for all damages resulting from exposure to asbestos caused by multiple defendants.
This strategy was met with a spirited opposition from mesothelioma sufferers and their lawyers, who claimed that it would be unfair for asbestos patients to be required to prove the root of their illness to be able to claim damages. Additionally, it would hinder patients from submitting claims to reliable law firms and could force them to settle their claims for less than they deserve.
In the final decision, the House of Lords sided with the victims, and dismissed the insurers' arguments. The ruling did not affect the large sums of money paid by the insurance industry to asbestos victims. This is why it is important to select an asbestos compensation law firm that is renowned 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 to court the first successful asbestos compensation case.
The Third Case
Asbestos cases are different from other toxic tort cases because they cause serious injuries that have forever affected the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a kind of cancer that affects tissues surrounding internal organs, such as the lungs. The cancer may also be spread to the abdominal cavity and chest wall, heart and brain. Because the disease may take decades to manifest, patients must often live with the knowledge that their condition is fatal. Asbestos has caused financial hardship for asbestos-related victims, who have had to sell their homes, pay for medical expenses and make other costly adjustments to their lives.
In recent years, however, many families of mesothelioma victims have resorted to suing suppliers and manufacturers of asbestos products. The law allows compensation to be sought even if the company has filed for bankruptcy.
Many of these companies were forced to close and retire after paying billions of dollars in settlements to asbestos victims. However, there are a lot of plaintiffs who want to sue those who remain. In fact the number of asbestos claims has increased.
Some of these cases have been manipulated by certain lawyers to benefit their clients. For example a judge from New York City recently made a ruling that reversed the long-standing policy against mesothelioma lawsuits that award punitive damages. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.
It was only one instance, but it caught the attention of many. Many believe that the case is an indication of the shady tactics that have become common in asbestos lawsuits. how asbestos litigation take involving the former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the links between trial lawyers and politicians, which could help bring balance to the system.
If you've been diagnosed with mesothelioma or another asbestos-related disease, there's no reason to delay seeking legal advice. The most effective mesothelioma lawyers will offer a no-cost consultation to discuss your situation with you and determine the best course-of-action. Asbestos claims can take months to process, so you need an attorney who understands the complexities of the case and the best ways to achieve results.