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Asbestos Litigation Cases - Individual Versus Class Action

In some instances, plaintiffs prefer to file individual lawsuits instead of class actions. Individual lawsuits may provide more compensation for injuries resulting from asbestos attorneys and mesothelioma.

Scientists have proven that asbestos exposure causes lung damage and diseases. Since mesothelioma is a disease with an estimated latency of 40-50 years, it may take long for patients to develop the illness.

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 found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and other diseases like asbestosis, pleural thickening and plaques of the pleura.

Many companies that mined asbestos, manufactured asbestos products, and then sold them knew the dangers but hid or brushed them aside. As a result, many asbestos lawyers companies filed for bankruptcy due to lawsuits filed by families of victims. Most of the companies who filed for bankruptcy created asbestos trust funds to compensate to the victims.

While the majority of asbestos-related lawsuits settle out of court, a tiny number of cases go to trial. In these instances, judges tend to be skeptical of defenses of the defendants. They will often give substantial verdicts to the victims. Asbestos lawyers have successfully pushed thousands cases through the court process and obtained significant verdicts for mesothelioma patients.

The complex nature of asbestos lawsuits makes it difficult to win. In a lawsuit for asbestos plaintiffs must show that their illness is directly caused by exposure to asbestos, a dangerous substance. This requires a thorough database linking workers, their job sites as well as their employer's names, the products they used, their suppliers and vendors. The process of developing this information can take years, especially when a victim's employment history is complex. It could involve interviews with coworkers, family members and abatement workers, as well as suppliers and other parties who might be responsible.

Expert witness testimony is required to support claims that asbestos-related illnesses have been a factor. These expert witnesses are often doctors who have completed training in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of a patient. This is particularly important in cases of mesothelioma, which is a difficult disease to diagnose.

The defendants may also try to discredit experts by arguing their credentials or qualifications. This is a worrying pattern that has been seen 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 lawsuits are distinct from other types of personal injury claims. The lawsuits are based on an uncommon illness that is caused by breathing in the microfibers and then developing mesothelioma or another asbestos-related disease. These kinds of injuries are typically caused by exposure at certain job sites, including power plants, 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 plaintiffs to bring an action against several defendants and receive compensation from different sources.

The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on the deck of a British ship. The victim was diagnosed with mesothelioma following inhaling asbestos-containing particles during the construction of ships 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 in which he worked. The victim's wife filed a suit 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.

The cases that followed were not the only ones. 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 has increased the number of asbestos-related lawsuits, and asbestos manufacturers were notified that they could be sued for their products.

Lawyers representing a plaintiff in a suit involving asbestos must comprehend the intricate chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as well as identifying potential defendants. It also requires making sure that the lawsuit is in compliance with the state laws and federal regulations that pertain to asbestos litigation, including those that govern asbestos discovery procedures.

One of the most crucial actions is choosing an attorney who specializes in mesothelioma lawsuits. A reputable law firm will offer a no-cost consultation and will review the client's medical records related to asbestos in order to determine if they are eligible for a asbestos lawsuit.

The Second Case

Asbestos sufferers have won significant awards in court, and these are often higher than what they would receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for many reasons, including the psychological and physical harm caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to suffer lung diseases and damage than those who did not work with it.

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 way to be recognized and earn money. But, this method did not work for mesothelioma sufferers well. Many of these firms had more cases than they could handle, and didn't provide the necessary medical support or representation that mesothelioma patients deserve.

Insurance companies and defendants also used other tactics to fight asbestos claims. Insurance companies, for instance, argued that asbestos victims must demonstrate that the asbestos they were exposed to was the cause for their illness. This was an open challenge to the principle of joint and several liability, which allows a single plaintiff to be held responsible for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients and their lawyers were strongly opposed to this method. They argued that it was unfair to demand asbestos sufferers to prove the exact reason for their condition before they can claim damages. Additionally, it could hinder patients from submitting claims to reliable law firms and could make them settle their claims at a lower price than they should.

In the final decision, the House of Lords sided with the victims and rejected the arguments of insurers. However, this ruling did not affect the massive amounts of money that was paid to asbestos victims by the insurance industry. It is important to choose an asbestos compensation firm that has a reputation for competence and expertise. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We were also the ones responsible for bringing before the court the first successful asbestos compensation case.

The Third Case

Asbestos cases are different from other toxic tort cases because they result in serious injuries that have irrevocably altered the lives of people who were exposed to a fatal carcinogen. Mesothelioma affects the tissues surrounding organs inside, including the lung. The cancer may also be spread to the abdominal cavity, chest wall, heart, and even the brain. The disease can take a long time to develop and victims are often left to be aware of their degenerative condition. Asbestos has caused financial difficulties for asbestos-related victims, who have had to sell their homes, pay for medical expenses, and make other expensive modifications to their lives.

In recent years, however many families of mesothelioma victims have decided to sue suppliers and manufacturers of asbestos products. The law allows compensation to be sought even when the company has filed for bankruptcy.

Many of these firms have been forced to close and retire after paying out 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 lawsuits has actually increased.

Certain cases are being used to benefit specific lawyers and their clients. For example a judge in New York City recently made an order that reversed an old policy of not allowing punitive damages in mesothelioma lawsuits. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.

It was only one instance, but it drew the attention of many. Many believe that this case is a sign of the shady tactics that have become common in a variety of asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought greater attention to the ties between trial lawyers and politicians, which could help bring some balance back to the system.

If you've been diagnosed with mesothelioma, or another asbestos-related illness, there is no time to lose in seeking legal representation. The most effective mesothelioma lawyers will provide a no-cost consultation in order to discuss your case with you and determine the best way to proceed. Asbestos claims can take several months to be processed, so you require an attorney who knows the intricacies and the best ways to achieve results.