Asbestos Litigation Cases Explained In Fewer Than 140 Characters

Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs would prefer to file individual lawsuits over class actions. Individual lawsuits can provide greater compensation for mesothelioma or other asbestos class action litigation-related injuries.

Researchers have discovered that asbestos exposure causes lung damage and diseases. Because mesothelioma sufferers have a latency period of 40-50 years, it can take long for patients to develop their illness.

The History of Asbestos Litigation

Asbestos lawsuits are among the longest running mass tort in U.S. history. State and federal courts began processing asbestos cases in the 1970s when medical research linked asbestos exposure with diseases like mesothelioma and lung cancer.

Many companies that mined, manufactured and sold asbestos products were aware of the dangers, but ignored or downplayed these risks. As a result, many asbestos-related companies were forced to close under the weight of lawsuits filed by victims and their families. Most of the companies who filed for bankruptcy created asbestos trust funds to compensate to victims.

Although the vast majority of asbestos-related claims settle out of court, a small number of cases go to trial. In these cases, judges tend to be skeptical of the defendants' arguments. They often give substantial verdicts to the victims. Asbestos lawyers have been able to successfully move thousands cases through the court system and secured significant verdicts on behalf of mesothelioma sufferers.

However, the complexities of an asbestos exposure litigation case can make it difficult to be successful. In an asbestos-related case plaintiffs must prove that their condition was directly caused by the company's exposure. This requires a complete database that includes the names of workers, their job sites as well as their employer's names, products they used, their suppliers and vendors. This process can take many years, especially if the victim's work history is complex. It could involve interviews with coworkers relatives and abatement workers, as well as suppliers and other parties who could be involved in the case.

The evidence in an asbestos case also requires expert witness testimony to support the claims of an asbestos-related disease. Most often, these expert witnesses are physicians with training in the pathology of asbestos-related diseases and who have reviewed the medical records of an individual. This is particularly important for mesothelioma cases, which can be difficult to identify.

Defense lawyers can also attempt to discredit experts by pointing out their credentials or background. In recent times defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims are different from other types of personal injury lawsuits. The lawsuits involve a rare illness that's caused by breathing in tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These types of injuries are typically caused by exposure to certain work sites, such as power plants, shipyards and construction projects.

Asbestos lawsuits are filed in a class-wide manner, not individually. This permits plaintiffs to file a lawsuit against multiple defendants and receive compensation from various sources.

The first mesothelioma lawsuit was filed in 1927 by a seaman who had been exposed to asbestos while working on the deck of a British ship. The victim contracted mesothelioma after breathing asbestos particles that were released during the fabrication of vessels at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.

Another case that was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos from 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 manufactured valves that contained asbestos for oil industrial processes, rigs, and other industrial processes.

Other cases were followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any workers' injuries (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits, and asbestos manufacturers were put on notice that they could be sued for their products.

Lawyers representing a plaintiff in a lawsuit involving asbestos need to understand the complicated chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as as identifying potential defendants. It also requires making sure that the lawsuit is compliant with federal and state laws. regulations that pertain to asbestos litigation, such as the ones that govern asbestos discovery procedures.

One of the most crucial actions is choosing an attorney that specializes in mesothelioma cases. A reputable law firm will offer free consultation and a review of the client's asbestos-related medical records to determine eligibility for a lawsuit involving asbestos.

The Second Case

Asbestos sufferers have won significant awards in court, and these are often more than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for various reasons, including physical and psychological injuries caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to develop lung disease and damage than those who did not work with it.

As a result, many law firms with extensive experience in asbestos litigation meaning litigation filed a large number of mesothelioma lawsuits. It was a method to be recognized and earn money. However, this strategy did not work for mesothelioma sufferers well. These firms took on many more cases than they were able to handle and didn't provide the medical support and representation that mesothelioma sufferers need.

Insurance companies and defendants have employed various strategies to fight asbestos claims. The insurance industry, for instance, believed that asbestos victims should be required to demonstrate that the asbestos they were exposed to was responsible for their illness. This was a direct challenge to the concept of joint and multiple liability, which allows a single plaintiff to be held responsible for all damages that result from exposure to asbestos caused by multiple defendants.

Mesothelioma patients and their lawyers were strongly against this strategy. They argued that it was unfair to insist that asbestos sufferers to prove the cause for their illness before they could recover damages. Additionally, it could dissuade patients from submitting claims to legal firms that are reputable and force them to settle their case at a lower price than they should.

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 paid by the insurance industry to asbestos victims. It is essential to choose an asbestos compensation firm that is known for its competence and expertise. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We were also responsible in 1972 for bringing to court the first asbestos compensation case that was successful.

The Third Case

Asbestos lawsuits differ from the majority of toxic tort suits because they cause serious injuries that have forever changed the lives of those who were exposed to a deadly carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs such as the lung. Cancer can also spread into the chest wall, abdominal cavity and even the brain. Because the disease can take decades to manifest, sufferers must often live with the knowledge that their condition is end-of-life. Asbestos has led to financial hardship for many asbestos sufferers, Asbestos Litigation Cases who have required the sale of their homes, pay for medical expenses and make other significant modifications to their lives.

In recent years however, many families have sued asbestos product manufacturers and suppliers. The law allows compensation to be sought even if a company has filed for bankruptcy.

Many of these firms have been forced to close and retire after paying billions of dollars in settlements to asbestos victims. There are still a lot of plaintiffs who want to pursue the remaining companies. The number of asbestos lawsuits has actually increased.

Some of these cases have been manipulated by certain lawyers to benefit their clients. For example, a judge in New York City recently made an order that reversed an old policy of not allowing mesothelioma lawsuits involving punitive damages. 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.

Although it was a single case, it has drawn the attention of a lot of observers. Many believe the case is an indicator of the unsavory practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the connections between trial lawyers and politicians, which could help bring balance to the system.

It is important to seek legal advice immediately if diagnosed as having mesothelioma, or another asbestos-related illness. The top mesothelioma attorneys will provide you with a no-cost consultation to discuss your case and determine the best course of action. Asbestos claims can take months to be processed, so you need an attorney who knows the intricacies and the best ways to achieve results.