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Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs choose to file individual lawsuits instead of class actions. Individual lawsuits could provide greater compensation for injuries resulting from asbestos and mesothelioma.

Researchers have discovered that exposure to asbestos can cause lung damage and cause lung disease. Since mesothelioma is a disease with a latency time of 40-50 years, it may take a long time for victims to develop their illness.

The History of Asbestos Litigation

Asbestos suits are the longest-running mass torts in U.S. History. State and federal courts first began to handle asbestos cases in the 1970s, when medical research linked asbestos exposure with diseases like mesothelioma and lung cancer.

Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but omitted 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 created asbestos trust funds as compensation to the victims.

A small number of asbestos-related cases are tried. In these cases, judges tend be skeptical of defense arguments of the defendants. They often give large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and obtained significant verdicts for mesothelioma patients.

However, the complexity of an asbestos lawyers lawsuit can make it difficult to be successful. In an asbestos lawsuit plaintiffs must prove that their illness is caused directly by a company's exposure to the hazardous substance. This requires a complete database linking workers, their workplaces and their employers' names, products they used, their suppliers and vendors. This can take many years, especially if the victim's employment history is complex. It may involve interviewing co-workers relatives and abatement workers, as well as suppliers, and other people who might be responsible.

Expert witness testimony is required to prove that asbestos-related diseases have occurred. Most often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases and who have reviewed the medical records of an individual. This is especially important for mesothelioma cases, which is a difficult disease to diagnose.

Defense lawyers can also attempt to discredit experts by pointing out their qualifications or background. In recent years defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims differ from other personal injury claims. Inhaling asbestos fibers can lead to mesothelioma, a rare condition, or other asbestos-related diseases. These injuries usually result from exposure to asbestos at specific work places, like shipyards, power stations and construction projects.

In contrast to other types of civil litigation asbestos lawsuits are filed on a group-wide basis rather than separately. This allows victims to file a lawsuit against multiple defendants and receive compensation from a variety of sources.

A seamstress exposed to asbestos on a British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma after breathing asbestos particles that were released during the fabrication of vessels at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.

A dock worker filed a claim in the early 1990s, after developing mesothelioma as a result of exposure to asbestos released by factories where he was employed. The victim's widow filed an action against five companies that included Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.

The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any workers' injuries (Borel v. Fibreboard). 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 representing the plaintiff in an asbestos lawsuit need to be aware of the complex chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as well as identifying potential defendants. It is also important to ensure that the lawsuit is in compliance with the federal and state laws that relate to asbestos litigation. This includes those that govern asbestos disclosure procedures.

The most important thing to do is to find an attorney who has experience in mesothelioma. A trusted law firm will provide free consultation and a review of the medical records of the client that are related to asbestos to determine whether they are eligible for an asbestos lawsuit (click to find out more).

The Second Case

Asbestos patients have received substantial awards 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 including the physical and psychological damages caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung disease and lung damage than those who do not work with asbestos.

As a result, a number of law firms that had vast experience in asbestos litigation filed massive volumes of mesothelioma cases. This was a way for firms to earn a profit and be recognized for their skills. This method was not helpful for mesothelioma patients. These companies took on more cases than they could handle and did not offer the medical support and representation that mesothelioma sufferers need.

The defendants and insurance companies also used other tactics to fight asbestos claims. For instance the insurance industry argued that asbestos sufferers must be required to prove that the specific asbestos they were exposed to was responsible for their illness. This was a direct assault on the principle of joint and multiple liability, which allows plaintiffs to be held liable for all damages that result from asbestos exposure by multiple defendants.

Mesothelioma patients as well as their attorneys were adamantly against this strategy. They claimed that it was unfair to require asbestos sufferers to prove the exact cause for their illness before they could recover damages. This could deter patients from bringing cases with reputable law offices and force them to settle for less than their case is worth.

The House of Lords ultimately sided with the victims and rejected arguments of the insurers. This ruling did not impact the massive sums that insurance companies pay to asbestos victims. 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 were responsible for the first ever successful asbestos lawyers compensation claim to court in 1972.

The Third Case

Asbestos lawsuits differ from other toxic tort cases because they cause serious injuries that have irrevocably altered the lives of people who were exposed to a dangerous carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs, such as the lungs. The cancer can also spread to the abdominal cavity and chest wall, heart, and brain. The disease can take years to manifest and victims are often left to be aware of their death. Asbestos has caused financial difficulties for asbestos-related victims, who have had to sell their homes, pay medical bills and make other significant modifications to their lives.

In recent years however numerous families have filed lawsuits against asbestos-related companies and suppliers. This is because the law permits people to seek compensation for their losses even after their companies have filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, a lot of these companies were forced to retire or shut down. But there are still plenty of plaintiffs who want to sue the remaining companies. The number of asbestos lawsuits has actually increased.

Certain cases have been manipulated by certain lawyers to gain their clients. For instance a judge in New York City recently made a ruling that reversed the long-standing policy against punitive damages in mesothelioma lawsuits. This was in response to an attorney for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma victims.

This was only one instance, but it caught the attention of a lot. Many believe that the case is an indication of the deceitful methods that have become a regular feature in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver brought more attention to the ties between trial lawyers and politicians. This could help bring some stability to the system.

You should seek legal counsel immediately if you've been diagnosed as having mesothelioma, or another asbestos-related illness. The top mesothelioma attorneys will offer you a free consultation to discuss your case and determine the best way to proceed. The process of submitting an asbestos claim can take several months, which is why it is crucial to engage an attorney who is familiar with the complexities involved and knows how to obtain results.