Asbestos Litigation Cases - Individual Versus Class Action
In certain cases, plaintiffs are pursuing individual lawsuits instead of an action in a group. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related injuries.
Scientists have proven that exposure to asbestos can cause lung disease and damage. Because mesothelioma has a latency time of 40-50 years, it could take an extended time for patients to develop the disease.
The History of Asbestos Litigation
Asbestos lawsuits are the longest-running mass tort in U.S. history. It was not until the 1970s when federal and state courts began investigating asbestos cases, following medical research found links between exposure to asbestos and various illnesses, including mesothelioma, lung cancer, and other illnesses like asbestosis, pleural thickening and plaques in the pleura.
Many companies that mined, made and sold asbestos products were aware of the dangers but omitted or minimized the risks. In the end, a number of asbestos-related companies were forced to close under the weight of lawsuits filed by victims and their families. The majority of the companies that declared bankruptcy set up up asbestos trust funds to compensate victims.
A few asbestos-related cases are heard. In these cases judges are generally skeptical of defenses and will award large verdicts for victims. Asbestos lawyers have successfully pushed thousands cases through the court process and secured significant verdicts for mesothelioma patients.
The complexity of asbestos cases can be difficult to win. In a lawsuit for asbestos, plaintiffs must prove their illness is caused directly by exposure to the dangerous substance. This requires a database that links workers, their workplaces 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 work history is complicated. Interviewing co-workers and family members Abatement employees, suppliers, and other people who might be responsible could be necessary.
Expert witness testimony is also required to prove that asbestos-related illnesses have occurred. These expert witnesses are often doctors who have completed training in the diagnosis and pathology of asbestos-related diseases, and have analyzed a patient's medical records. This is especially important in mesothelioma cases where the disease is often difficult to detect.
Defendants can also try to discredit experts through their credentials or background. In recent times, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits differ from other personal injury claims. The lawsuits concern a rare illness that's caused by breathing in tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These injuries are often caused from exposure to asbestos at specific workplaces, including power stations, shipyards and construction projects.
Unlike some other types of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than separately. This permits plaintiffs to bring a lawsuit against multiple defendants, and receive compensation from various sources.
The first mesothelioma lawsuit was filed in 1927 by a seaman who was exposed to asbestos while working on an British ship. The victim contracted mesothelioma from asbestos particles that he breathed in during the fabrication of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients, including the Royal Navy.
Another case that was filed by a dock worker who was diagnosed with mesothelioma following exposure to asbestos from the factories in which the worker worked. The victim's wife filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both made asbestos-containing valves for oil industrial processes, rigs, and other industrial processes.
Other cases began to follow. In Alhambra asbestos lawsuit of Appeals determined that asbestos manufacturers were completely liable for any injuries suffered by workers (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were warned that they could be sued for their products.
Lawyers representing the plaintiff in an asbestos lawsuit have to understand the complicated chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis as well in identifying the potential defendants. It is also crucial to ensure that the lawsuit is in compliance with the federal and state laws that pertain to asbestos litigation. This includes laws that govern asbestos disclosure procedures.
The most important thing to do is to find an attorney with experience with mesothelioma. A reputable law office will provide a no-cost consultation and examine the client's medical records relating to asbestos in order to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos victims have received significant awards at court. These awards are typically more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos sufferers have been awarded compensation for many reasons, including physical and psychological damage caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to have lung diseases and damage than those who did not work with asbestos.
In the end, many law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a method to be recognized and earn money. But, this method did not serve mesothelioma sufferers well. These companies took on more cases than they were able to manage and did not provide the medical support and representation that mesothelioma sufferers need.
The defendants and insurers also used other tactics to stop asbestos claims. The insurance industry, for example, argued that asbestos victims should be required prove that the asbestos they were exposed to was the cause for their illness. This was an attack on the principle of joint and multiple liability, which allows a single plaintiff to be held responsible for all damages resulting from exposure to asbestos by multiple defendants.
This approach was met with a spirited opposition from mesothelioma sufferers and their lawyers, who claimed that it would be unfair for asbestos sufferers to have to prove the cause of their condition in order to recover damages. In addition, it would dissuade patients from submitting claims to reputable law firms and potentially force them to settle their case for less than they deserve.
In the final decision the House of Lords sided with the victims and rejected the arguments of insurers. The ruling did not affect the huge sums of money that insurance companies pay to asbestos victims. It is crucial to select an asbestos compensation firm that is known for its proficiency and competence. Thompsons Solicitors have handled and won more asbestos claims than any other UK-based law firm. We were also the ones responsible for bringing to court the first successful asbestos compensation case.
The Third Case
Asbestos lawsuits differ from other toxic tort cases because they involve serious injuries that have irrevocably changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs, such as the lungs. Cancer can also spread into the abdominal cavity, chest wall and even the brain. The disease can take a long time to manifest and victims are often left to endure the knowledge of their degenerative condition. Asbestos has caused financial hardship for many asbestos victims who have had to sell their homes, pay medical bills, and make other expensive adjustments to their lives.
In recent years, however, many families have sued asbestos-related companies and suppliers. The law allows compensation to be sought even when the company has filed for bankruptcy.
Many of these companies were forced to shut down and retire after paying billions in settlements to asbestos victims. But there's still a large number of plaintiffs who wish to sue those who remain. The number of asbestos-related lawsuits has actually increased.
Some of these cases have been manipulated by certain attorneys to gain their clients. For instance a judge from New York City recently made an order that reversed the long-standing policy against punitive damages in mesothelioma lawsuits. 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 this was a single instance, it has drew the attention of a lot of observers. Many people think the case is a good indication of the fraudulent practices that are common in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has drawn more attention to the ties between trial lawyers and politicians, which may help bring some balance back to the system.
If you have been diagnosed with mesothelioma or an asbestos-related illness, there's no time to lose in seeking legal representation. The most reputable mesothelioma attorneys will offer a no-cost consultation to discuss your case with you and determine the best course-of-action. The process of filing an asbestos claim can take a few months, which is why it is crucial to engage an attorney who is familiar with the intricacies involved and knows how to achieve results.