10 Basics Concerning Asbestos Litigation Cases You Didn't Learn A…

Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma.

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

The History of Asbestos Litigation

Asbestos lawsuits are among the longest running mass tort in U.S. history. It wasn't until the 1970s that state and federal courts began processing asbestos cases, after medical research identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and other diseases like asbestosis, pleural thickening, and plaques specializes in asbestos litigation the pleura.

Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but ignored or hid from these risks. Many asbestos companies filed for bankruptcy due to the lawsuits filed by victims and their family members. The majority of the companies who filed for bankruptcy put asbestos trust funds in order to pay victims.

While the vast majority of asbestos-related claims settle out of court, a tiny amount of cases go to trial. If this happens judges are usually skeptical of the defense and will award large verdicts for victims. Asbestos lawyers have successfully moved thousands of cases through the court process and secured significant verdicts for mesothelioma patients.

However, the complexities of an asbestos case can make it difficult to win. In an asbestos case plaintiffs must prove that their illness was directly triggered through exposure to asbestos by the company. This requires a complete database linking workers, their job sites and their employers' names, the products they used, suppliers and vendors. This process could take several years, particularly if the victim's employment history is complex. Interviewing family members, coworkers, abatement employees, suppliers, and other parties who could be responsible may be necessary.

Expert witness testimony is required to prove that asbestos-related illnesses have occurred. The majority of these experts are physicians with training in the pathology of asbestos-related diseases and who have analyzed the medical records of an individual. This is particularly important in cases of mesothelioma, which can be difficult to identify.

Defendants can also try to discredit experts by pointing out their qualifications or background. This is a worrying trend that has been noticed in recent years as defendants are increasingly challenging the world-wide scientific consensus that asbestos is the cause of mesothelioma and other illnesses.

The First Case

Asbestos claims differ from other personal injury claims. The lawsuits involve a rare illness that's caused by breathing in the microscopic fibers and subsequently developing mesothelioma or another asbestos-related disease. These types of injuries are typically caused by exposure to certain workplaces, 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 individually. This permits the victims and their families to file a single lawsuit against multiple defendants and receive compensation from a variety of sources of funds, which results in lower legal costs.

The first mesothelioma claim was filed in 1927 by a seaman who had been 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 early case was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos emissions from the factories in which the worker worked. The widow of the victim filed an action against five companies which included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs and other industrial processes.

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

Lawyers representing plaintiffs in a lawsuit involving asbestos must be aware of the complicated 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 compliant with the federal and state laws that pertain to asbestos litigation. This includes laws which govern asbestos disclosure procedures.

One of the most important actions is choosing an attorney who is specialized in mesothelioma lawsuits. A reputable law office will offer a free consult and review the client's medical records relating to asbestos in order to determine eligibility for a asbestos lawsuit.

The Second Case

asbestos class action litigation sufferers have gotten significant court awards. These awards are usually greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for many reasons, including physical and psychological injuries caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer lung disease and lung damage as compared to those who do not work with it.

As such, a number of law firms with extensive experience in asbestos litigation filed massive mesothelioma cases in large numbers. It was a way to be recognized and earn money. However, this approach did not work for mesothelioma sufferers well. These firms took on many more cases than they were able to handle and did not offer the medical support and representation that mesothelioma sufferers need.

The defendants and insurance companies have also employed other strategies to stop asbestos claims. Insurance companies, for example, argued that asbestos victims should be required show that the asbestos to which they were exposed was responsible for their health. This was a direct attack on the principle of joint-and-several liability, which allows a 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 was unfair for asbestos victims to be required to prove the exact cause of their illness to claim damages. This could deter patients from bringing lawsuits against legal firms that are reputable and force them to accept less than what their case is worth.

In the final decision, the House of Lords sided with the victims and Class Action rejected the arguments of insurers. However, this ruling did not affect the large sums of money paid to asbestos victims by the insurance industry. This is why it is important to select an asbestos compensation law firm that is well-known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos claims than any other law firm. We were also responsible for the first ever successful asbestos compensation claim to court in 1972.

The Third Case

Asbestos cases differ from most toxic tort suits because they result in serious injuries that have forever affected the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a type of cancer that affects tissues surrounding internal organs such as the lung. Cancer can also spread into the abdominal cavity, Class Action chest wall and even the brain. The cancer can take years to manifest and victims are often forced to live with the knowledge of their degenerative condition. Many who have been affected by asbestos have experienced many financial hardship, since they were forced to sell their homes, pay medical bills, and make other expensive changes to their lives.

In recent years however, many families have sued asbestos product manufacturers and suppliers. This is because the law allows individuals to seek compensation for their losses even after their companies have filed for bankruptcy.

Many of these companies have been forced to shut down and retire after paying billions of dollars in settlements to asbestos victims. But there's still a large number of plaintiffs who want to sue those who remain. In fact the number of new asbestos defense litigation lawsuits has risen.

Certain cases are being manipulated to benefit certain lawyers and their clients. A New York City judge recently reversed a policy that was in place for a long time against punitive damages in relation to mesothelioma cases. 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 victims.

Although this was a single instance, it has drew the attention of many observers. Many believe the case is an indicator of the shady tactics that have become common in a variety of asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver brought more attention to the connections between trial lawyers and politicians. This could help bring some balance to the system.

It is important to seek legal advice immediately if you've been diagnosed with mesothelioma or another asbestos-related disease. The most reputable mesothelioma attorneys will offer a no-cost consultation to discuss your case with you and determine the best way to proceed. The process of submitting an asbestos claim can take a few months, so it is essential that you work with an attorney who is familiar with the complexities involved and how to achieve results.