7 Easy Tips For Totally Rocking Your Asbestos Litigation Cases

Asbestos Litigation Cases - Individual Versus Class Action

In some instances, plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits can offer greater compensation for mesothelioma as well as other asbestos-related diseases.

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

The History of Asbestos Litigation

Asbestos lawsuits are among the longest-running mass torts in U.S. history. Federal and state courts began processing asbestos cases in the 1970s when medical research linked asbestos exposure to diseases like mesothelioma and lung cancer.

Many companies that mined, made and supplied asbestos products knew of the dangers, but ignored or minimized the dangers. Many asbestos-related companies declared bankruptcy due to lawsuits filed by victims and their family members. Most of the companies who filed for bankruptcy set up asbestos trust funds to compensate to victims.

A small number of asbestos-related cases are tried. If this happens, judges are often skeptical of the defense and will award large verdicts to victims. Asbestos lawyers have successfully moved thousands cases through the court process and obtained significant verdicts on behalf of mesothelioma sufferers.

However, the complexity of an asbestos lawsuit can make it difficult to win. In a lawsuit involving asbestos plaintiffs must prove that their illness was caused through exposure to the hazardous substance. This requires a database that links workers, their work sites and employers, as well as the products they used and their suppliers and vendors. The process of developing this data can take years especially if a victim's history of work is complicated. It may involve interviewing co-workers or family members as well as abatement workers, suppliers, and other people who could be involved in the case.

Expert witness testimony is also needed to support claims that asbestos-related illnesses have occurred. These experts are usually physicians who have received training in the pathology and diagnosis of asbestos-related diseases, and have analyzed the medical records of patients. This is particularly important in mesothelioma cases, where the disease can be very difficult to identify.

Defense lawyers can also attempt to discredit experts through their background or qualifications. This is a troubling pattern that has been seen in recent years, as defendants are increasingly challenging global scientific consensus that asbestos causes mesothelioma as well as other illnesses.

The First Case

Asbestos claims are different from other personal injury claims. Asbestos fibers inhalation can cause mesothelioma, which is a rare illness or other asbestos-related diseases. These types of injuries are usually caused by exposure at certain job sites, including power plants, shipyards, and construction projects.

Asbestos lawsuits are filed in a class-wide manner and not in a single instance. This allows victims to bring a lawsuit against multiple defendants and receive compensation from a variety of sources.

The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos attorneys while working on a British ship. The victim contracted mesothelioma after inhaling asbestos-containing particles during the construction of vessels at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients.

A dock worker filed a case in the early 1990s after suffering from mesothelioma after exposure to asbestos released by the factories in which he worked. The widow of the victim filed an action against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes.

Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number 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 comprehend the complex chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It is also important to ensure that the lawsuit is in line with federal and state laws that are relevant to asbestos litigation. This includes the laws that govern asbestos disclosure procedures.

The most important step is to locate an attorney with expertise in mesothelioma. A trusted law firm will provide free consultation and a review of the client's asbestos-related medical records to determine whether they are eligible for an asbestos lawsuit.

The Second Case

Asbestos patients have received substantial settlements in court, which are often more than what they receive from a mesothelioma-related settlement offer 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 found that those who worked with asbestos were more likely to suffer lung disease and damage than those who did not work with it.

As a result, a number of law firms with vast experience in asbestos litigation filed massive mesothelioma cases in large numbers. It was a method to gain recognition and make money. But, this method did not work for mesothelioma sufferers well. Many of these firms took on more cases than they could handle and did not provide the proper medical support and representation that mesothelioma patients need.

The defendants and insurance companies have also employed other strategies to combat asbestos claims. For example, argued that asbestos victims should be required to demonstrate that the asbestos they were exposed was responsible for their illness. This was a direct attack on the concept of joint-and-several liability, which allows plaintiffs to be held liable for all damages that result from exposure to asbestos by multiple defendants.

This idea was met with fierce opposition from mesothelioma patients and their lawyers, who claimed that it would be unfair for asbestos victims to be required to prove the cause of their illness in order to recover damages. Additionally, it would dissuade victims from filing claims with legal firms that are reputable and force them to settle their claims with less than what they are entitled to.

In the final decision, the House of Lords sided with the victims, and dismissed the insurers' arguments. However, this decision did not affect the huge sums of money given to asbestos victims by the insurance industry. It is important to choose an asbestos compensation firm that has a reputation for expertise and skill. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We also played a role in bringing the first-ever successful asbestos compensation claim to court in 1972.

The Third Case

Asbestos cases are different from most toxic tort suits because they result in serious injuries that have irrevocably altered the lives of people who were exposed to a deadly carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lung. The cancer can also be spread to the abdominal cavity, chest wall, heart, and the brain. The cancer can take years to develop and victims are often left to be aware of their degenerative condition. Asbestos has caused financial difficulties for many asbestos sufferers who required the sale of their homes, pay medical bills, and make other expensive adjustments to their lives.

In recent years, however numerous families have filed lawsuits against asbestos-related companies and suppliers. The law allows for compensation to be sought even when the company has filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, a number of these companies were forced to retire or close. But there are still plenty of plaintiffs who wish to sue the remaining companies. In fact the number of new asbestos lawsuits has risen.

Certain cases are being used to benefit certain attorneys and their clients. For instance a judge in New York City recently made an order that reverses the long-standing policy against mesothelioma lawsuits involving punitive damages. This was at the request of an attorney for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma patients.

Although this was a single instance, it has attracted the attention of many observers. Many believe that the case is an indication of the fraudulent tactics that have become common in many asbestos lawsuits. The corruption scandal surrounding 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 an Asbestos Lawyer-related illness, there is no time to lose in seeking legal representation. The best mesothelioma attorneys will offer a no-cost consultation in order to discuss your situation with you and determine the best course-of-action. Asbestos claims can take a long time to process, which is why you require an attorney who is knowledgeable about the complexities and the best ways to achieve results.