Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits may provide more compensation for mesothelioma and other asbestos-related injuries.
Researchers have discovered that asbestos exposure causes lung damage and disease. Since mesothelioma is a disease with a latency period of 40-50 years, it may take a long time for victims to develop their illness.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. The federal and state courts first began to handle asbestos cases in the 1970s after medical research connected asbestos exposure to illnesses like mesothelioma or lung cancer.
Many companies that mined asbestos, made asbestos products, and supplied them knew the dangers but ignored or minimized the dangers. Many asbestos-related companies declared bankruptcy because of the lawsuits filed by victims and their family members. The majority of companies that filed for bankruptcy set up asbestos trust funds to compensate to victims.
A small number of asbestos-related cases are tried. In these cases, judges are often skeptical of defenses and will award large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the trial process and obtained significant verdicts for mesothelioma sufferers.
The complexity of an asbestos case can be difficult to win. In an asbestos case plaintiffs must prove that their illness was directly triggered by the company's exposure. This requires a database that links workers, their work locations and employers, as well as the products they used, and their suppliers and vendors. This can take many years, particularly if the victim's work history is complex. It could involve a thorough interview with coworkers, family members, abatement workers, suppliers, and other parties that could potentially be responsible.
The evidence in an asbestos-related case requires expert witness testimony to support the claims of an asbestos-related disease. Often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases, and who have examined the medical records of a patient. This is particularly important in mesothelioma cases, where the disease can be extremely difficult to identify.
Defense lawyers may also seek to undermine experts by pointing out their backgrounds or professional qualifications. In recent time, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos claims are different from other types of personal injury lawsuits. Inhaling asbestos fibers can lead to a rare disease called mesothelioma or other asbestos-related illnesses. These kinds of injuries are usually caused by exposure at certain workplaces, including power plants, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide manner, not individually. This permits the victims and their families to file a single complaint against multiple defendants and receive compensation from several sources of money, resulting in lower legal costs.
A man who was exposed to asbestos on a British vessel in 1927 filed the first mesothelioma lawsuit. The victim contracted mesothelioma after inhaling asbestos-containing particles during the fabrication of vessels at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.
Another case that was filed by a dock worker who was diagnosed with mesothelioma following exposure to asbestos emitted from the factories in which he worked. 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 industrial processes, rigs, and other industrial processes.
The cases that followed were not the only ones. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers accountable (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related claims. It also put asbestos manufacturers on notice that they would face litigation over 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 as well as mesothelioma diagnosis, as as identifying potential defendants. It is also essential to ensure that the lawsuit is in line with state and federal laws that are relevant to asbestos litigation. This includes those that regulate asbestos disclosure procedures.
One of the most crucial actions is choosing an attorney who is specialized in mesothelioma lawsuits. A reliable law firm will provide free consultation and a review of the client's asbestos-related medical records to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos sufferers have won significant settlements in court, and these are often higher than what they would receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for a variety of reasons, including the psychological and physical harm caused by asbestos exposure. Research has proven that asbestos workers are more likely to develop lung diseases and lung damage as compared to those who do not work with asbestos.
As such, a number of law firms with vast experience in asbestos litigation filed large mesothelioma cases in large numbers. This was a way for them to make a profit and earn recognition for their expertise. This approach was not beneficial to mesothelioma patients. Alhambra asbestos lawsuits were able to take on more cases than they could handle and did not offer the medical support and representation that patients suffering from mesothelioma deserve.
Insurance companies and defendants have employed various strategies to fight asbestos claims. For instance the insurance industry argued that asbestos sufferers must be required to prove that the particular asbestos they were exposed to was the cause for their condition. This was an attack on the concept of joint and several liability, which permits one plaintiff to be held responsible for all damages that result from exposure to asbestos by multiple defendants.
Mesothelioma patients and their lawyers were vehemently opposed to this approach. They claimed that it was unfair to insist that asbestos victims to prove the exact cause for their illness before they can claim damages. Additionally, it would hinder people from filing claims with reputable law firms and potentially force them to settle their case for less than they deserve.
In the end the House of Lords sided with the victims, and rejected the insurers' arguments. However, this ruling did not affect the large sums of money paid to asbestos victims by the insurance industry. This is why it is crucial to choose an asbestos compensation law firm that is known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.
The Third Case
In contrast to most toxic tort lawsuits, asbestos cases result in extremely serious injuries to those who's lives were forever altered due to exposure to a dangerous carcinogen. Mesothelioma affects tissues that surround organs inside, including the lungs. Cancer can also spread into the chest wall, abdominal cavity, brain, and heart. The cancer can take years to manifest and victims are often forced to live with the knowledge of their death. Many who have been affected by asbestos have experienced an immense amount of financial hardship, as they have been forced to sell their homes and medical bills and make other expensive adjustments to their lives.
In recent years however numerous families have filed lawsuits against asbestos product suppliers and manufacturers. The law allows for compensation to be sought even if a company has filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, many of these companies were forced to retire or shut down. There are still a lot of plaintiffs who wish to sue the remaining companies. The number of asbestos-related lawsuits has actually increased.
Some of these cases are being manipulated to benefit certain attorneys and their clients. For instance, a judge in 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 advice of an attorney for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma sufferers.
It was only one instance, but it attracted the attention of a lot. Many believe the case is an indicator of the shady strategies that are now common in a variety of asbestos lawsuits. The corruption scandal that afflicted the former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the connections between trial lawyers and politicians, which could help bring balance to the system.
You should seek legal representation immediately if you have been diagnosed with mesothelioma or another asbestos-related illness. The most effective mesothelioma lawyers will offer a free consultation in order to discuss your case with you and decide on the best course-of-action. The process of filing an asbestos claim can take many months, which is why it is crucial to choose an attorney who is familiar with the complexities involved and knows how to get results.