Asbestos Litigation Cases - Individual Versus Class Action

In some cases, plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits can offer greater compensation for mesothelioma as well as other asbestos-related injuries.

Scientists have established that asbestos exposure can cause lung damage and causes disease. It can take several years for mesothelioma sufferers to develop the disease because of the 40-50 year time frame of latency.

The History of Asbestos Litigation

asbestos attorney suits are the longest-running mass torts in U.S. History. It was not until the 1970s that federal and state courts began processing asbestos cases, after medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and various other illnesses such as asbestosis, pleural thickening, and plaques of the pleura.

Many companies that mined, produced and supplied asbestos products knew of the dangers, but ignored or minimized the risks. Many asbestos companies filed for bankruptcy due to the lawsuits filed by victims and family members. The majority of companies that filed for bankruptcy set up asbestos trust funds to compensate to the victims.

A small percentage of asbestos-related cases are tried. In these cases, judges tend be skeptical of the defenses of the defendants. They will often give substantial verdicts to the victims. Asbestos lawyers have been able to successfully move thousands of cases through the court system and obtained significant verdicts for mesothelioma sufferers.

However, the complexities of an asbestos lawsuit can make it difficult to win. In a case involving asbestos, plaintiffs have to prove that their condition was directly triggered through exposure to asbestos by the company. This requires a database that links workers, their work sites as well as their employers, the products they used, and their suppliers and vendors. This can take many years, especially if the victim's employment history is complex. Interviewing co-workers and family members as well as abatement employees suppliers, as well as other people who could be accountable may be necessary.

The evidence in an asbestos-related case requires expert witness testimony to back claims of an asbestos-related illness. Often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases and who have examined an individual's medical records. This is particularly important for mesothelioma cases, which can be difficult to detect.

Defendants can also try to discredit experts based on their qualifications or background. This is a worrying trend that has been observed in recent years as defendants are increasingly challenging the worldwide scientific consensus that asbestos is the cause of mesothelioma and other diseases.

The First Case

Asbestos claims are different from other personal injury lawsuits. Asbestos fibers inhalation can cause mesothelioma, which is a rare illness or other asbestos-related illnesses. These injuries usually result by exposure to asbestos at certain work sites, such as shipyards, power stations and construction projects.

Asbestos lawsuits are filed in a group-wide manner and not in a single instance. This permits plaintiffs to bring a lawsuit against multiple defendants and receive compensation from various sources.

The first mesothelioma claim was filed in 1927 by a seaman exposed to asbestos while working on an British ship. The victim developed mesothelioma as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients like the Royal Navy.

Another case was filed by a dock worker who was diagnosed with mesothelioma following exposure to asbestos emitted from the factories in which the worker worked. The widow of the victim filed an action against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes.

Other cases followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries suffered by workers (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were warned that they could be sued for their products.

Lawyers representing plaintiffs in a lawsuit that involves asbestos must understand the complex chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis, as as identifying the potential defendants. It is also essential to ensure that the lawsuit is compliant with the federal and state laws that pertain to asbestos litigation. This includes the laws that govern asbestos disclosure procedures.

The most important step is to locate an attorney with experience with mesothelioma. A reputable law office will offer a no-cost consultation and review the client's medical records related to asbestos in order to determine if they are eligible for a asbestos attorney lawsuit.

The Second Case

Asbestos patients have received substantial payouts in the courts, which are usually higher than what they would receive from a mesothelioma settlement or asbestos lawyer trust fund claim. Asbestos sufferers have received compensation for many reasons, including the psychological and physical damage caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung diseases and lung damage as compared to those who do not work with it.

As a result, many law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a way to get noticed and make money. This method was not helpful for mesothelioma patients. Many of these firms had more cases than they could handle and didn't provide the proper medical support and representation that mesothelioma patients need.

The defendants and insurers also used other tactics in order to combat asbestos claims. For example the insurance industry argued that asbestos sufferers should be required to prove that the specific asbestos they were exposed to caused for their illness. This was an attack on the principle of joint and multiple liability, which allows a single plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.

This strategy was met with a fierce restraining from mesothelioma sufferers and their lawyers, who argued that it was unfair for asbestos patients to to prove the cause of their illness in order to recover damages. This would also discourage victims from bringing cases with reliable law firms and make them accept less than what their case is worth.

In the final decision the House of Lords sided with the victims, and dismissed the insurers' arguments. However, this decision did not affect the huge sums of money given to asbestos victims by the insurance industry. This is why it is crucial to choose an asbestos compensation law firm that is renowned for its expertise and skill. Thompsons Solicitors have handled and won more asbestos claims than any other law firm. We were also responsible in 1972 for bringing to court the first successful asbestos compensation case.

The Third Case

In contrast to most toxic tort lawsuits, asbestos attorneys cases result in very serious injuries to people who's lives were permanently altered by exposure to a deadly carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs such as the lungs. The cancer may also be spread to the abdominal cavity, chest wall, heart and brain. Because the disease may take decades to manifest, sufferers have to live knowing that their condition is fatal. Many who have been affected by asbestos have endured a great deal of financial burdens, since they were forced to sell their homes, pay medical bills, and make other costly changes to their lives.

In recent years however numerous families have filed lawsuits 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 firms have been forced to retire and close after paying billions in settlements to asbestos victims. There are still many plaintiffs who want to bring legal action against the remaining companies. The number of asbestos claims has actually increased.

Certain cases have been manipulated by certain attorneys to gain their clients. For instance, a judge in New York City recently made an order that reversed the long-standing policy against punitive damages in mesothelioma lawsuits. 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.

This was a single instance, but it caught the attention of many. Many believe the case is a good indication of the fraudulent practices that are typical in asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the links between trial lawyers and politicians, which could help bring some balance back to the system.

It is important to seek legal advice immediately if diagnosed with mesothelioma or any other asbestos-related disease. The best mesothelioma lawyers will provide you with a no-cost consultation to talk about your case and determine the best way to proceed. The process of filing an asbestos claim can take many months, therefore it is essential that you work with an attorney who is familiar with the complexities involved and how to get results.