Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos can lead to lung damage and cause lung disease. It could take a long time for mesothelioma patients to develop the disease due to its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos lawsuits are the longest-running mass tort in U.S. history. It was not until the 1970s that federal and state courts started taking asbestos cases into consideration, following medical research linked exposure to asbestos with various illnesses, including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening and plaques of the pleura.
Many companies that mined asbestos, made asbestos products, and then sold asbestos products knew about 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. Most of the companies who declared bankruptcy had asbestos trust funds as compensation to the victims.
A small percentage of asbestos-related cases are tried. In these cases judges are generally skeptical of defenses and often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands cases through the court system and have secured significant verdicts on behalf of mesothelioma patients.
However, the complexities of an asbestos case can make it difficult to be successful. In an asbestos case plaintiffs must demonstrate that their illness was directly caused through exposure to asbestos by the company. This is a requirement for a database that ties workers, their work sites as well as their employers, the products they used, and their suppliers and vendors. The process of developing this information could take a long time particularly if the victim's employment history is complex. It may involve interviewing co-workers or family members and abatement workers, as well as suppliers, and other parties that might be responsible.
Expert witness testimony is needed to support claims that asbestos-related illnesses have been a factor. These expert witnesses are often doctors who have been trained in the diagnosis and pathology of asbestos-related diseases and have reviewed the medical records of a patient. This is especially important in cases of mesothelioma, which can be difficult to identify.
Defendants can also try to discredit experts by pointing out their background or qualifications. This is a worrying trend that has been noticed in recent years, as defendants are increasingly challenging the global scientific consensus that asbestos causes mesothelioma and other diseases.
The First Case
Asbestos claims are different from other personal injury claims. The lawsuits involve an uncommon illness that is caused by breathing in the tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These injuries are often caused from exposure to asbestos in certain work places, like power stations, shipyards and construction projects.
Unlike some other types of civil litigation asbestos lawsuits are filed on a class-wide basis rather than being filed individually. This allows victims and their families to file a single complaint against multiple defendants and receive compensation from multiple sources of funds, which results in lower legal fees.
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 developed mesothelioma as a result of asbestos particles inhaled when constructing naval vessels at Harland and Wolff Plc. The company made naval vessels for clients, including the Royal Navy.
Another early case was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos emissions from the factories where the worker 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.
Other cases followed. In 1973 the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries suffered by workers (Borel v. Fibreboard). The decision increased the volume of asbestos-related claims, putting asbestos manufacturers on notice that they would face litigation over their products.
Lawyers representing plaintiffs in a lawsuit involving asbestos must be aware of the complicated chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also about making sure that the lawsuit is in compliance with state laws and federal regulations that pertain to asbestos litigation, such as the asbestos discovery procedures.
One of the most important steps is to choose an attorney who specializes in mesothelioma lawsuits. A reputable law office will offer a free consult and will review the client's medical records relating to asbestos in order to determine if they are eligible for a lawsuit against asbestos.
The Second Case
Asbestos victims have received significant settlements in court, which are often higher than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos sufferers have received compensation for various reasons that include the physical and psychological damages caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung diseases and lung damage as compared to those who do not work with asbestos.
As such, a number of law firms that had vast experience in asbestos litigation filed massive mesothelioma cases in large numbers. It was a method to gain recognition and make money. This strategy was not beneficial to mesothelioma patients. The firms were able to take on more cases than they could handle and did not offer the medical assistance and representation that patients suffering from mesothelioma deserve.
The defendants and insurance companies have also used other tactics to combat asbestos claims. For instance the insurance industry argued that asbestos sufferers should be required to prove the particular asbestos they were exposed to was responsible for their condition. This was a direct assault on the principle of joint and multiple liability, which allows plaintiffs to be held responsible for all damages resulting from asbestos exposure by multiple defendants.
This idea was met with a spirited opposition from mesothelioma sufferers as well as their lawyers, who argued that it would be unfair for asbestos patients to have to prove the cause of their illness in order to be able to claim damages. In addition, it would hinder patients from submitting claims to reliable law firms and could force them to settle their claims with less than what they are entitled to.
The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the huge amounts of money that was paid to asbestos victims by the insurance industry. This is why it is essential to choose an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We also played a role in the first asbestos compensation case to court in 1972.
The Third Case
Asbestos lawsuits differ from other toxic tort cases because they cause serious injuries that have permanently affected the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a form of cancer that affects tissues that surround internal organs such as the lung. The cancer can also spread to the abdominal cavity and chest wall, heart, and brain. asbestos litigation meaning can take years to develop and victims are often left to be aware of their terminal condition. Many who have been affected by asbestos have suffered a great deal of financial hardship because they've been forced to sell their homes and pay medical bills and make other costly adjustments to their lives.
In recent years, however many mesothelioma patients' families have taken to suing the manufacturers and suppliers of asbestos products. The law allows for compensation to be sought even if a company has filed for bankruptcy.
Many of these companies were forced to retire and close after paying billions in settlements to asbestos victims. There are still many plaintiffs who wish to bring legal action against the remaining companies. The number of asbestos-related lawsuits has actually increased.
Some of these cases are being used to benefit specific lawyers and their clients. A New York City judge recently overturned a policy that was in place for many years against punitive damages when it comes to mesothelioma cases. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma victims.
It was only one instance, but it attracted the attention of many. Many believe this case is an indicator of the shady practices that are typical in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver has brought greater scrutiny to the connections between trial lawyers and politicians, which could help bring some balance back to the system.
You should seek legal counsel immediately if diagnosed with mesothelioma or another asbestos-related illness. The most reputable mesothelioma attorneys will offer a no-cost consultation in order to discuss your situation with you and determine the best strategy for you. Asbestos claims can take a long time to process, which is why you need a lawyer who is knowledgeable about the complexities and how to get results.