Asbestos Litigation Cases - Individual Versus Class Action
In some instances, plaintiffs prefer to file individual lawsuits instead of collective actions. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Scientists have proven that asbestos exposure causes lung damage and disease. It can take several years for mesothelioma sufferers to develop the disease because of its 40-50 year latency time.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass tort in U.S. history. The federal and state courts first began to handle asbestos cases in the 1970s, after medical research connected asbestos exposure with illnesses like mesothelioma or lung cancer.
asbestos litigation news who mined asbestos, produced asbestos-based products, and sold asbestos products knew about the dangers but downplayed or ignored them. Many asbestos-related companies declared bankruptcy due to lawsuits filed by the victims and their family members. Most of the companies who filed for bankruptcy created asbestos trust funds as compensation to victims.
While the majority of asbestos-related claims are settled out of court, a small amount of cases go to trial. In these instances, judges tend to be skeptical of the defendants' arguments. They will often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the trial process and have secured significant verdicts for mesothelioma sufferers.
However, the complexity of a case involving asbestos can make it difficult to be successful. In a lawsuit for asbestos, plaintiffs must prove their illness is directly caused by exposure to the dangerous substance. This is a requirement for a database that ties workers, their work sites 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 co-workers and family members Abatement employees, suppliers, and other people who might be responsible could be necessary.
Expert witness testimony is required to support claims that asbestos-related illnesses have occurred. Most often, these expert witnesses are doctors who have been trained in the asbestos-related pathologies and who have reviewed an individual's medical records. This is particularly important in cases of mesothelioma, which is a difficult disease to identify.
The defendants may also try to undermine experts by pointing out their background or their professional qualifications. In recent years defendants have questioned the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits are distinct from other personal injury lawsuits. The lawsuits are based on a rare illness that's caused by inhaling the tiny fibers, and later developing mesothelioma or another asbestos-related disease. These types of injuries are often caused by exposure at certain job sites, including shipyards, power plants and construction projects.
Contrary to other forms of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than being filed individually. This allows victims and their families to file a single lawsuit against multiple defendants and receive compensation from several sources of funds, resulting in lower legal costs.
A man who was exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma from asbestos dust inhalation during the construction of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients such as the Royal Navy.
A dock worker filed a lawsuit in the early 1990s, after developing mesothelioma as a result of exposure to asbestos released by factories where he was employed. 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 followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries suffered by workers (Borel v. Fibreboard). The decision increased the volume of asbestos-related claims, putting asbestos manufacturers on notice that they would be sued for their products.
Lawyers for the plaintiff in an asbestos lawsuit have to understand the complicated chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also crucial to ensure that the lawsuit is compliant with state and federal laws that relate to asbestos litigation. This includes the laws that regulate asbestos disclosure procedures.
The most important thing to do is to find an attorney with expertise in mesothelioma. A reputable law firm will offer a free consult and review the client's medical records related to asbestos in order to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos victims have won significant settlements in court. These awards are typically higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for various reasons that include the psychological and physical harm caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung disease and lung damage than those who don't work with asbestos.
As a result, many law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. This was a method for firms to earn a profit and gain recognition for their expertise. This approach was not beneficial for mesothelioma patients. Many of these firms were able to handle more cases than they could handle and didn't provide the proper medical support and representation that mesothelioma patients deserve.
The defendants and insurance companies employed other strategies to stop asbestos claims. For instance, the insurance industry argued that asbestos sufferers must be required to prove that the specific asbestos they were exposed to caused for their condition. This was a direct attack on the concept of joint-and-several liability, which allows the plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants.
This strategy was met with a fierce restraining from mesothelioma sufferers as well as their lawyers, who claimed that it would be unfair for asbestos sufferers to have to prove the cause of their illness in order to be able to claim damages. Additionally, it could discourage people from filing claims with legal firms that are reputable and force them to settle their case for less than they deserve.
In the end the House of Lords sided with the victims and rejected the insurers' arguments. The ruling did not affect the massive sums that insurance companies pay to asbestos victims. It is important to choose an asbestos compensation company that is known for its expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also responsible in 1972 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 affected the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lungs. The cancer can also be spread to the abdominal cavity as well as the chest wall, heart, and even the brain. The disease can take a long time to manifest, and sufferers are often forced to be aware of their terminal condition. Many who have been affected by asbestos have experienced many financial hardship, since they were forced to sell homes, pay medical bills, and make other expensive changes to their lives.
In recent years, however numerous families of mesothelioma sufferers have resorted to suing suppliers and manufacturers of asbestos products. The law permits compensation to be sought even if 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. But there's still a large number of plaintiffs who want to sue the remaining companies. The number of asbestos-related lawsuits has actually increased.
Some of these cases are being used to benefit certain lawyers and their clients. A New York City judge recently reversed a policy that was in effect for many years against punitive damages related to mesothelioma cases. This was on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma victims.
Although this was a single case, it has drawn the attention of many observers. Many people think 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 attracted more attention to the ties between trial attorneys and politicians. This may help to create some balance in the system.
You should seek legal counsel immediately if you've been diagnosed with mesothelioma or another asbestos-related disease. The best mesothelioma lawyers will give you a no-cost consultation to talk about your case and determine the best way to proceed. The process of submitting an asbestos claim can take a few months, therefore it is vital to work with an attorney who understands the complexities involved and how to achieve results.