Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are seeking individual lawsuits, rather than an action in a group. Individual lawsuits may provide more compensation for mesothelioma as well as other asbestos-related injuries.
Scientists have proved that exposure to asbestos can cause lung disease and damage. It can take many years for mesothelioma victims to develop the disease because of its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos suits are the longest-running mass torts in U.S. History. It wasn't until the 1970s that federal and state courts began taking asbestos cases into consideration, following medical research linked exposure to asbestos with various diseases, including mesothelioma and lung cancer, and various other illnesses such as asbestosis, pleural thickening, and pleural plaques.
Many companies that mined asbestos, manufactured asbestos products, and supplied asbestos products knew about the dangers but hid or brushed them aside. As a result, numerous asbestos companies filed for bankruptcy under the weight of lawsuits brought by victims and their families. The majority of the companies who filed for bankruptcy put up asbestos trust funds to pay victims.
Although the vast majority of asbestos-related claims settle out of court, a tiny number of cases go to trial. When this happens judges are usually skeptical of defenses and often award large verdicts to the victims. Asbestos lawyers have successfully pushed thousands of cases through the process of trial and obtained significant verdicts for mesothelioma victims.
The complex nature of asbestos lawsuits makes it difficult to win. In an asbestos case plaintiffs must demonstrate that their illness was directly caused by the company's exposure. This requires a database that connects workers, their workplaces as well as their employers, the products they used, and their suppliers and vendors. This process can take many years, especially if a victim's work history is complex. Interviewing family members and coworkers, abatement employees, suppliers, and other parties that could be accountable may be necessary.
Expert witness testimony is also needed to support claims that asbestos-related illnesses have occurred. The majority of these experts are doctors with training in the pathology of asbestos-related diseases, and who have reviewed an individual's medical records. This is especially crucial in mesothelioma cases where the disease is often difficult to detect.
Defense lawyers can also attempt to discredit experts based on their credentials or background. This is a troubling trend that has been noticed in recent years, as defendants are increasingly challenging the world-wide scientific consensus that asbestos causes mesothelioma and other diseases.
The First Case
Asbestos cases are unique from other types of personal injury lawsuits. Mount Pleasant asbestos attorneys involve an uncommon disease that's caused by breathing in the microfibers and then developing mesothelioma or a different asbestos-related disease. These types of injuries are often caused by exposure to certain work sites, such as power plants, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide fashion and not in a single instance. This permits victims to file a lawsuit against multiple defendants, and receive compensation from different sources.
The first mesothelioma lawsuit was filed in 1927 by a seaman who had been exposed to asbestos while working on an British ship. The victim developed mesothelioma after inhaling asbestos particles emitted when constructing vessels at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.
Another case was filed by an employee at the dock who contracted mesothelioma as a result of exposure to asbestos emissions from the factories in which the worker worked. The widow of the victim filed a lawsuit against five companies that included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases were followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were put on notice that they could be sued for their products.
Lawyers for the plaintiff in an asbestos lawsuit have to comprehend the complex chain of exposure. This includes determining the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also essential to ensure that the lawsuit is compliant with federal and state laws that pertain to asbestos litigation. This includes those that govern asbestos disclosure procedures.
One of the most crucial steps is to choose an attorney who specializes in mesothelioma lawsuits. A reliable law firm will provide a free consultation and review the client's asbestos-related medical records to determine whether they are eligible for an asbestos lawsuit.
The Second Case
Asbestos sufferers have gotten significant awards at court. These awards are typically higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for many reasons, including the psychological and physical damage caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to have lung disease and damage than those who didn't work with asbestos.
This is why a number of law firms that had extensive experience in asbestos litigation filed a significant number of mesothelioma lawsuits. It was a method to get noticed and make money. This method was not helpful to mesothelioma patients. These firms took on many more cases than they could handle and did not offer the medical support and representation that patients suffering from mesothelioma deserve.
The defendants and insurance companies have also employed other strategies to stop asbestos claims. For instance the insurance industry argued that asbestos sufferers should be required to prove the particular asbestos they were exposed to caused for their condition. This was a direct attack on the principle of joint-and-several liability, which allows the plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.
This idea was met with a spirited opposition from mesothelioma patients and their lawyers, who argued that it was unfair for asbestos sufferers to have to prove the cause of their condition in order to be able to claim damages. This would also discourage victims from bringing lawsuits against legal firms that are reputable and force them to settle for less than the case is worth.
In the end the House of Lords sided with the victims and rejected the insurers' arguments. The decision did not affect the huge sums of money paid by the insurance industry to asbestos victims. This is why it is important to select an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos claims than any other law firm. We were also responsible for bringing the first-ever successful asbestos compensation claim to the court in 1972.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases result in extremely serious injuries to those who's lives were permanently altered by exposure to a deadly carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lung. It can also spread to the abdominal cavity, chest wall, brain, and heart. The cancer can take years to manifest, and sufferers are often forced to endure the knowledge of their degenerative condition. Many of those who have been affected by asbestos have suffered a great deal of financial hardship as they have been forced to sell their homes, pay medical bills, and make other costly adjustments to their lives.
In recent years, however numerous families have filed lawsuits against asbestos-related companies and suppliers. The law allows compensation to be sought even when the 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 many plaintiffs seeking to pursue the remaining companies. The number of asbestos-related lawsuits has actually increased.
Certain cases are being used to benefit certain lawyers and their clients. For example a judge in New York City recently made a ruling that reversed an old policy of not allowing mesothelioma lawsuits involving punitive damages. This was done on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients.
This was only one instance, but it caught the attention of a lot. Many believe that this case is an indicator of the shady practices that are common in asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the connections between trial lawyers and politicians, which may help bring balance to the system.
If you have been diagnosed with mesothelioma or another asbestos-related illness, there's no time to lose in seeking legal counsel. The best mesothelioma lawyers will give you a no-cost consultation to discuss your situation and determine the best path to take. Asbestos claims can take months to process, which is why you need an attorney who understands the complexities of the case and the best ways to achieve results.