Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs would prefer to pursue individual lawsuits rather than class actions. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos causes lung damage and disease. Because mesothelioma has 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 suits are the longest-running mass torts in U.S. history. The federal and state courts first began to handle asbestos cases in the 1970s when medical research linked asbestos exposure to diseases such as mesothelioma and lung cancer.
Many companies that mined, made and sold asbestos products were aware of the dangers, but omitted or downplayed these risks. Many asbestos companies declared bankruptcy because of the lawsuits brought by victims and family members. The majority of companies that filed for bankruptcy set up asbestos trust funds to pay 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 often skeptical of defendants' arguments and will award large verdicts to the victims. Asbestos lawyers have successfully pushed thousands of cases through the trial process and have secured significant verdicts for mesothelioma victims.
The complex nature of asbestos lawsuits is what makes it difficult to win. In a case involving asbestos, plaintiffs have to prove that their illness was directly triggered by exposure to asbestos in the workplace. This requires a database that connects workers, their workplaces and employers, as well as the products they used and their suppliers and vendors. The process of constructing this information can take years, especially when a victim's work history is complicated. Interviewing co-workers and family members as well as abatement employees, suppliers, and other people who could be accountable may be necessary.
Expert witness testimony is also required to support claims that asbestos-related illnesses have been a factor. Most often, these expert witnesses are doctors who have been trained in the pathology of asbestos-related diseases, and who have reviewed the medical records of a patient. This is particularly important for mesothelioma cases, which can be difficult to detect.
Defense lawyers may also seek to undermine experts by pointing out their backgrounds or professional qualifications. 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. The lawsuits involve a rare illness that's caused by breathing in the microscopic fibers and subsequently developing mesothelioma or a different asbestos-related disease. These kinds of injuries are often caused by exposure at certain workplaces, including shipyards, power plants and construction projects.
Asbestos lawsuits are filed in a class-wide manner and not separately. This allows victims and their families to file a single complaint against multiple defendants and receive compensation from several sources of funds, which results in lower legal fees.
A seamstress exposed to asbestos on an British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma as a result of asbestos dust inhalation during the construction of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients like the Royal Navy.
A dock worker filed a case in the early 1990s after developing mesothelioma as a result of exposure to asbestos released by the factories where he was employed. 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 rigs, industrial processes, and other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they would face litigation over their products.
Lawyers representing a plaintiff in a lawsuit that involves asbestos must be aware of the complicated chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It also requires making sure that the lawsuit is compliant with federal and state laws. regulations pertaining to asbestos litigation, including those that govern asbestos discovery procedures.
One of the most crucial steps is to choose an attorney that specializes in mesothelioma cases. A reputable law firm will offer free consultation and a review of the medical records of the client that are related to asbestos to determine whether they are eligible for a lawsuit involving asbestos.
The Second Case
Asbestos victims have won significant awards at court. These awards are usually higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have received compensation for various 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 diseases and damage than those who did not work with it.
As a result, many law firms with a wealth of experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This allowed firms to earn money and gain recognition for their expertise. This approach was not beneficial to mesothelioma sufferers. Many of these firms took on more cases than they could handle, and didn't offer the appropriate medical support and representation that mesothelioma patients deserve.
The defendants and insurance companies have also employed other strategies to fight asbestos claims. The insurance industry, for example, argued that asbestos victims should be required show that the asbestos to which they were exposed was responsible for their health. This was a direct attack on the principle of joint and multiple liability, which permits a plaintiff to be held responsible for all damages that result from asbestos exposure by multiple defendants.
This strategy was met with fierce opposition from mesothelioma sufferers and their lawyers, who argued that it would be unfair for asbestos patients to have to prove the exact cause of their condition in order to recover damages. In addition, it would hinder victims from filing claims with legal firms that are reputable and make them settle their claims with less than what they are entitled to.
The House of Lords ultimately sided with victims and rejected the arguments of the insurers. The decision did not affect the huge sums of money that insurance companies pay to asbestos victims. This is why it is crucial to select an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also the ones responsible for bringing before the court the first successful asbestos compensation case.
The Third Case
Asbestos cases differ from most toxic tort suits because they result in serious injuries that have forever altered the lives of people who were exposed to a dangerous carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lungs. It can also spread to the abdominal cavity, chest wall as well as the brain and heart. Since the disease can take years to manifest, patients have to live with the knowledge that their condition is fatal. Many who have been affected by asbestos have experienced a great deal of financial hardship as they have been forced to sell homes, pay medical bills, and make other expensive changes to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos product manufacturers and suppliers. The law allows for compensation to be sought even when the company has filed for bankruptcy.
Many of these companies were forced to close 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 risen.
Certain cases have been manipulated by certain lawyers to gain their clients. For instance a judge in New York City recently made an order that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was at the request of an attorney for Garlock Gasket. Fargo asbestos lawsuit , Garlock Gasket has been sued by more than 30 mesothelioma victims.
This was only one instance, but it drew the attention of a lot. Many believe that the case is an indication of the fraudulent methods that have become a regular feature in many asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial attorneys and politicians. This may help to create some balance in the system.
If you have been diagnosed with mesothelioma, or another asbestos-related disease, there's no time to lose in seeking legal representation. The best mesothelioma attorneys will offer a free consultation to discuss your situation with you and determine the best way to proceed. The process of submitting an asbestos claim can take several months, therefore it is essential that you work with an attorney who is familiar with the complexities involved and knows how to get results.