Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs would prefer to file individual lawsuits over group actions. Individual lawsuits can offer greater compensation for mesothelioma as well as other asbestos-related diseases.
Scientists have proved that exposure to asbestos can cause lung diseases and damage. It can take several years for mesothelioma sufferers to develop the disease because of its 40-50 year latency time.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass tort in U.S. history. The federal and state courts began processing asbestos cases in the 1970s when medical research linked asbestos exposure to diseases like mesothelioma and lung cancer.
Many companies that mined, produced and supplied asbestos products knew of the dangers, but omitted or hid from these dangers. Many asbestos-related companies declared bankruptcy because of the lawsuits brought by the victims and their family members. The majority of companies that filed for bankruptcy created asbestos trust funds to compensate to the victims.
A few asbestos-related cases are tried. When this happens judges are usually skeptical of defenses and will 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.
The complex nature of asbestos lawsuits makes it difficult to win. In an asbestos lawsuit, plaintiffs must prove their illness is directly caused through exposure to asbestos, a dangerous substance. This is a requirement for a database that ties workers, their work locations, their employers, the products they used, and their suppliers and vendors. The process of developing this information could take a long time especially if a victim's history of work is complicated. It may involve interviewing co-workers or family members as well as abatement workers, suppliers and other parties who could be involved in the case.
Expert witness testimony is required to support claims that asbestos-related illnesses have been a factor. how asbestos litigation deal of these experts are doctors who have been trained in the pathology of asbestos-related diseases and who have examined an individual's medical records. This is particularly important in mesothelioma cases, where the disease can be very difficult to identify.
Defendants can also try to discredit experts based on their qualifications or background. This is a worrying trend that has been observed in recent years, as defendants are increasingly challenging worldwide scientific consensus that asbestos is the cause of mesothelioma and other illnesses.
The First Case
Asbestos claims are different from other types of personal injury lawsuits. The lawsuits concern an uncommon disease that's caused by inhaling the tiny fibers, and later developing mesothelioma or another asbestos-related disease. These injuries typically result from exposure to asbestos at certain work sites, such as power stations, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide fashion and not separately. This allows victims and their families to file a single lawsuit against multiple defendants and receive compensation from several sources of funds, which results in lower legal costs.
A seamstress exposed to asbestos on a British vessel in 1927 filed the first mesothelioma lawsuit. The victim was diagnosed with mesothelioma due to asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients, including the Royal Navy.
Another early case was filed by a dock worker who developed mesothelioma following exposure to asbestos from the factories where he worked. The victim's widow filed an action against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes.
The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly responsible (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they could be sued for their products.
Lawyers representing a plaintiff in a lawsuit that involves asbestos must comprehend the intricate chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It also requires making sure that the lawsuit is in compliance with federal and state laws. regulations that pertain to asbestos litigation, such as the ones that govern asbestos discovery procedures.
One of the most important actions is choosing an attorney who specializes in mesothelioma cases. A reputable law office will provide a no-cost consultation and will review the medical records of the client related to asbestos in order to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos victims have received significant court awards. These awards are often more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos victims have been awarded compensation for many reasons including psychological and physical harms caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung diseases and lung damage than those who do not work with asbestos.
In this way, a variety of law firms with vast experience in asbestos litigation filed huge mesothelioma cases in large numbers. This allowed them to make a profit and gain recognition for their expertise. However, this approach did not serve mesothelioma sufferers well. These firms took on many more cases than they were able to handle and did not offer the medical assistance and representation that patients suffering from mesothelioma deserve.
The defendants and insurance companies have also employed other strategies to fight asbestos claims. Insurance companies, for instance, believed that asbestos victims should be required demonstrate that the asbestos they were exposed to was the cause for their illness. This was a direct challenge to the principle of joint and multiple liability, which permits one plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants.
This approach was met with fierce opposition from mesothelioma patients and their lawyers, who claimed that it would be unfair for asbestos sufferers to have to prove the root of their illness to recover damages. Additionally, it would hinder patients from submitting claims to reliable law firms and could force them to settle their cases for less than they deserve.
The House of Lords ultimately sided with victims and rejected the arguments of the insurers. This ruling did not impact the huge sums of money paid by the insurance industry to asbestos victims. This is why it is essential to choose an asbestos compensation law firm that is renowned for its expertise and skill. Thompsons Solicitors have handled and won more asbestos claims than any other UK-based law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case.
The Third Case
In contrast to most toxic tort lawsuits, asbestos cases can result in extremely serious injuries to those 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 lung. The cancer can also spread to the abdominal cavity, chest wall as well as the brain and heart. Because the disease may take years to manifest, patients have to live in the knowledge that their condition is end-of-life. Many of those who have been affected by asbestos have suffered many financial hardship, since they were forced to sell their homes and medical bills and make other costly changes to their lives.
In recent years, however, many families of mesothelioma victims have taken to suing the manufacturers and suppliers of asbestos products. The law permits compensation to be sought even if a company has filed for bankruptcy.
Many of these companies have been forced to retire and close after paying billions of dollars in settlements to asbestos victims. There are still many plaintiffs who wish to bring legal action against the remaining companies. In fact the number of new asbestos claims has increased.
Some of these cases are being manipulated to benefit specific lawyers and their clients. A New York City judge recently changed a rule that had been in place for a number of years to prevent punitive damages in relation to mesothelioma cases. This was done at the request of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma victims.
It was only one instance, but it attracted the attention of many. Many people think this case is an indicator of the shady practices that are typical in asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver attracted more attention to the connections between trial attorneys and politicians. This could help bring some stability to the system.
You should seek legal counsel immediately if diagnosed with mesothelioma or another asbestos-related illness. The top mesothelioma attorneys will provide you with a no-cost consultation to talk about your case and determine the best course of action. Asbestos claims can take several months to process, which is why you need a lawyer who is knowledgeable about the complexities and the best way to achieve results.