Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs choose to pursue individual lawsuits rather than collective actions. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Scientists have established that asbestos exposure causes lung damage and diseases. Since mesothelioma is a disease with a latency time of 40-50 years, it could take long for patients to develop their illness.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. State and federal courts only began to process asbestos cases in the 1970s, when medical research linked asbestos exposure to diseases like mesothelioma and lung cancer.
Many companies that mined asbestos, made asbestos products, and then sold them knew the dangers but downplayed or ignored them. Many asbestos companies declared bankruptcy due to the lawsuits filed by the victims and their family members. The majority of the companies that filed for bankruptcy set asbestos trust funds in order to pay victims.
A few asbestos-related cases are tried. In these cases judges are generally skeptical of defendants' arguments and often award large verdicts for victims. Asbestos attorneys have successfully moved thousands of cases through the trial process and secured significant verdicts for mesothelioma victims.
However, the complexity of an asbestos case can make it difficult to be successful. In an asbestos lawsuit, plaintiffs must prove their illness is caused directly through exposure to asbestos, a dangerous substance. This requires a database that links workers, their workplaces and employers, as well as the products they used, and their suppliers and vendors. This process can take many years, particularly if the victim's employment history is complex. Interviewing co-workers and family members Abatement employees suppliers, and other parties who might be responsible could be necessary.
Expert witness testimony is required to support claims that asbestos-related diseases have occurred. Often, these expert witnesses are doctors who have been trained in the pathology of asbestos-related diseases and who have analyzed an individual's medical records. This is especially crucial in mesothelioma cases, where the disease can be extremely difficult to detect.
Defense lawyers may also seek to undermine experts by pointing out their background or their professional qualifications. This is a worrying trend that has been noticed in recent years, as defendants are increasingly challenging the worldwide scientific consensus that asbestos causes mesothelioma and other diseases.
The First Case
Asbestos claims are different from other personal injury claims. The lawsuits involve a rare illness that's caused by breathing in microscopic fibers and subsequently developing mesothelioma or another asbestos-related disease. These kinds of injuries are often caused by exposure at certain work sites, such as shipyards, power plants and construction projects.
In contrast to other types of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than being filed individually. This allows victims to file an action against several 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 was diagnosed with mesothelioma due to asbestos particles that he breathed in during the construction of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients, including the Royal Navy.
A dock worker filed a lawsuit in the early 1990s after developing mesothelioma as a result of exposure to asbestos emitted by the factories in which 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 declared asbestos manufacturers liable (Borel v. Fibreboard) for any injuries to workers. The decision has increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were notified that they could be sued for their products.
Lawyers for a plaintiff in an asbestos lawsuit have to understand the complicated chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as in identifying the potential defendants. It is also about making sure that the lawsuit is in compliance with the state laws and federal regulations pertaining to asbestos litigation, including the ones that govern asbestos discovery procedures.
One of the most crucial steps is to choose an attorney that specializes in mesothelioma lawsuits. A trusted law firm will provide an initial consultation for free and will review the medical records of the client that are related to asbestos to determine if they are eligible for a lawsuit involving asbestos.
The Second Case
Asbestos patients have received substantial settlements in court, which are often higher than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have been awarded compensation for many reasons including psychological and physical injuries caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to have lung damage and disease than those who didn't work with asbestos.
In this way, a variety of law firms that had extensive experience in asbestos litigation filed massive volumes of mesothelioma cases. This allowed them to make a profit and be recognized for their skills. This approach was not beneficial to mesothelioma patients. Many of these firms were able to handle more cases than they could handle and didn't provide the appropriate medical support and representation that mesothelioma patients need.
Insurance companies and defendants employed other strategies to fight asbestos claims. For instance the insurance industry claimed that asbestos sufferers should be required to prove the particular asbestos they were exposed to was responsible for their condition. This was a direct challenge to the concept of joint and several liability, which allows one plaintiff to be held responsible for all damages that result from exposure to asbestos by multiple defendants.
Mesothelioma patients and their lawyers were adamantly opposed to this method. They argued that it was unfair to demand asbestos patients to prove the cause for their illness before they could claim damages. Additionally, it would discourage people from filing claims with legal firms that are reputable and force them to settle their cases at a lower price than they should.
In the end, the House of Lords sided with the victims, and rejected the arguments of insurers. The decision did not affect the large sums of money paid by the insurance industry to asbestos victims. It is important to choose an asbestos compensation firm that is known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We also were responsible for the first asbestos compensation claim to court in 1972.
The Third Case
In contrast to most toxic tort lawsuits, asbestos cases involve severe injuries to people who's lives were permanently altered due to exposure to a dangerous carcinogen. Mesothelioma is a cancer of the tissues around organs inside, including the lungs. The cancer can also be spread to the abdominal cavity as well as the chest wall, heart, and the brain. Since the disease can take decades to manifest, patients have to live in the knowledge that their condition is terminal. Asbestos has caused financial difficulties for many asbestos sufferers who had to sell their homes, pay medical bills and make other significant modifications to their lives.
In recent years, however many mesothelioma patients' families have decided to sue suppliers and manufacturers of asbestos products. This is due to the fact that the law allows people to seek damages compensation even after their companies have filed for bankruptcy.
After paying Macon asbestos attorneys of dollars in settlements for asbestos victims, many of these companies were forced to shut down or close. There are still many plaintiffs who want to pursue the remaining companies. In fact the number of new asbestos claims has increased.
Certain cases are being manipulated to benefit certain attorneys and their clients. A New York City judge recently overturned a policy that had been in place for a long time against punitive damages when it comes to mesothelioma cases. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.
This was a single instance, but it drew the attention of a lot. Many believe that the case is a good indicator of the unsavory practices that are typical in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the connections between trial lawyers and politicians, which could help restore some 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 reputable mesothelioma lawyers will offer you a free consultation to discuss your situation and determine the best way to proceed. Asbestos claims can take several months to be processed, so you require an attorney who understands the complexities of the case and how to get results.
