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Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs choose to pursue individual lawsuits rather than class actions. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.

Scientists have proved that asbestos exposure can cause lung damage and cause lung disease. It could take a long time for mesothelioma sufferers to develop the disease because of the 40-50 year time frame of latency.

The History of Asbestos Litigation

Asbestos suits have been the longest-running mass torts in U.S. History. State and federal courts only began to process asbestos cases in the 1970s, following research that linked asbestos exposure with diseases like mesothelioma and lung cancer.

Many companies that mined, produced and supplied asbestos products knew of the dangers, but omitted or hid from these dangers. Many asbestos-related companies declared bankruptcy because of the lawsuits filed by the victims and their family members. The majority of companies that filed for bankruptcy created asbestos trust funds to compensate to the victims.

A few asbestos-related cases are tried. When this happens judges are generally skeptical of the defense and often award large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court system and secured significant verdicts on behalf of mesothelioma sufferers.

However, the complexities of a case involving asbestos can make it difficult to win. In a lawsuit involving asbestos, plaintiffs must prove their illness is directly caused by a company's exposure to asbestos attorney, a dangerous substance. This requires a database that connects workers, their work locations as well as their employers, the products they used and their suppliers and vendors. The process of developing this data can take years especially if a victim's employment history is complex. Interviewing family members and coworkers, abatement employees suppliers, and other people who might be responsible could be required.

Expert witness testimony is needed to support claims that asbestos-related illnesses have occurred. Expert witnesses are typically doctors who have been trained in the pathology and diagnosis of asbestos-related diseases, and have reviewed the medical records of a patient. This is especially important in cases of mesothelioma, which can be difficult to detect.

The defendants may also try to undermine experts by pointing out their credentials or qualifications. In recent times defendants have challenged the scientific consensus that mesothelioma is caused by asbestos.

The First Case

Asbestos claims are different from other personal injury claims. The lawsuits concern a rare illness that's caused by inhaling the microfibers and then developing mesothelioma, or another asbestos-related disease. These injuries usually result by exposure to asbestos at certain work sites, such as power stations, shipyards and construction projects.

Asbestos lawsuits are filed in a class-wide fashion and not in a single instance. This allows victims to file a lawsuit against multiple defendants, and to receive compensation from different sources.

A seaman exposed to asbestos on a British vessel in 1927 filed the first mesothelioma suit. The victim developed mesothelioma after inhaling asbestos-containing particles when constructing 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 lawsuit in the early 1990s, after developing mesothelioma from exposure to asbestos released by the factories in which he worked. The victim's spouse filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil rigs, industrial processes, and other industrial processes.

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

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

One of the most important actions is choosing an attorney that specializes in mesothelioma lawsuits. A trusted law firm will provide a free consultation and review the medical records of the client that are related to asbestos to determine whether they are eligible for an asbestos lawsuit.

The Second Case

Asbestos victims have received significant settlements in court. These awards are usually greater than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have been awarded compensation for a variety of reasons including psychological and physical damage caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer from lung diseases and lung damage than those who do not work with asbestos.

This is why a number of law firms that had extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This was a method for firms to earn money and be recognized for their skills. This method was not helpful for mesothelioma patients. These firms took on many more cases than they were able to manage and did not provide the medical support and representation that patients suffering from mesothelioma deserve.

The defendants and insurers have also employed other strategies to fight asbestos claims. For instance the insurance industry claimed that asbestos sufferers must be required to prove the specific asbestos they were exposed to caused for their illness. This was a direct attack on the principle of joint-and-several liability, which permits plaintiffs to be held liable for all damages resulting from exposure to asbestos by multiple defendants.

Mesothelioma patients as well as their attorneys were adamantly opposed to this approach. They claimed that it was unfair to require asbestos sufferers to prove the cause for their illness before they can claim damages. Additionally, it would discourage victims from filing claims with reliable law firms and could force them to settle their cases with less than what they are entitled to.

In the final decision, the House of Lords sided with the victims, and dismissed the arguments of insurers. This ruling did not impact the large sums of money that insurance companies pay to asbestos victims. This is why it is important to choose an asbestos compensation law firm that is well-known for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We also were responsible for the first asbestos compensation case to court in 1972.

The Third Case

Unlike most toxic tort lawsuits, asbestos cases can result in very serious injuries to people who's lives were forever altered by exposure to a deadly carcinogen. Mesothelioma is a type of cancer that affects tissues surrounding internal organs such as the lungs. The cancer can also expand to the abdominal cavity, chest wall, heart, and brain. The disease can take years to develop and victims are often forced to endure the knowledge of their death. Many who have been affected by asbestos have endured an immense amount of financial hardship as they have been forced to sell homes and pay medical bills and make other costly changes to their lives.

In recent years, however, numerous families of mesothelioma sufferers have decided to sue asbestos-related companies and suppliers. products. This is because the law permits individuals to seek compensation for their losses even after their businesses have filed for bankruptcy.

Many of these companies were forced to shut down and retire after paying out billions in settlements to asbestos victims. There are still a lot of plaintiffs who wish to bring legal action against the remaining companies. In fact the number of asbestos lawsuits has risen.

Certain cases have been manipulated by certain lawyers to gain their clients. For example a judge in New York City recently made an order that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was in response to the lawyer representing Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma sufferers.

Although it was a single instance, it has drew the attention of many observers. Many believe that the case is a good indicator of the unsavory practices that are commonplace in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the connections between trial lawyers and politicians, which could help restore some balance to the system.

You should seek legal representation immediately if you have been diagnosed as having mesothelioma, or any other asbestos-related disease. The most reputable mesothelioma attorneys will offer a free consultation to discuss your situation with you and decide on the best strategy for you. Asbestos claims can take months to process, which is why you need a lawyer who knows the intricacies and how to get results.