10 Things Competitors Help You Learn About Asbestos Litigation Cases
Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs would prefer to file individual lawsuits over collective actions. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related injuries.
Scientists have proven that asbestos exposure can cause lung disease and damage. It can take many years for mesothelioma sufferers to develop the disease due to 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. It was not until the 1970s that federal and state courts started processing asbestos cases, after medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and other diseases like asbestosis, pleural thickening and plaques in the pleura.
Many companies that mined asbestos attorneys, manufactured asbestos-based products, and sold them knew the dangers but ignored or minimized the dangers. Many asbestos-related companies filed for bankruptcy due to the lawsuits brought by victims and family members. The majority of the companies that declared bankruptcy set up asbestos trust funds in order to pay victims.
While the vast majority of asbestos-related lawsuits settle out of court, a tiny amount of cases go to trial. If this happens judges are generally skeptical of defendants' arguments and often award large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and have secured significant verdicts for mesothelioma patients.
The complex nature of asbestos lawsuits can be difficult to win. In a lawsuit involving asbestos lawyer plaintiffs must show that their illness was caused through exposure to asbestos, a dangerous substance. This requires a comprehensive database of the workers, their job sites, their employer's names, products they used, suppliers and vendors. This can take many years, especially if the victim's work history is complex. Interviewing family members and coworkers Abatement employees, suppliers, and other parties who could be accountable may be required.
The evidence in an asbestos-related case requires expert witness testimony to back claims of asbestos-related illness. The majority of these experts are doctors with training in the asbestos attorney-related pathologies and who have reviewed the medical records of an individual. This is especially important in mesothelioma cases where the disease is often difficult to detect.
Defendants may also attempt to discredit experts by attacking their backgrounds or professional qualifications. In recent time defendants have challenged the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos cases are unique from other personal injury lawsuits. Asbestos fibers inhalation can cause mesothelioma, a rare condition or other asbestos-related diseases. These kinds of injuries are often caused by exposure at certain workplaces, including shipyards, power plants and construction projects.
In contrast to other types of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than being filed individually. This permits victims and their families to file a single lawsuit against multiple defendants and receive compensation from multiple sources of money, resulting in lower legal costs.
A man who was exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma from asbestos particles that he breathed in during the fabrication of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients like the Royal Navy.
A dock worker filed a lawsuit in the early 1990s, after suffering from mesothelioma after exposure to asbestos released by factories he worked in. The victim's wife filed a suit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both manufactured valves that contained asbestos for oil drilling rigs, industrial processes and other industrial processes.
Other cases began to follow. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any injuries to workers (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits, and asbestos manufacturers were put on notice that they could face litigation for their products.
Lawyers representing a plaintiff in an asbestos lawsuit have to be aware of the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses and identifying potential defendants. It is also about making sure that the lawsuit is in compliance with state laws and federal regulations pertaining to asbestos litigation, such as those that govern asbestos discovery procedures.
The most important thing to do is to find an attorney with experience in mesothelioma. A reliable law firm will provide free consultation and a review of the medical records of the client that are related to asbestos to determine if they are eligible for an asbestos lawsuit.
The Second Case
Asbestos victims have received significant court awards. These awards are often higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have received compensation for many reasons including the psychological and physical harm caused by asbestos exposure. Research has proven that asbestos workers are more likely to develop lung disease and lung damage as compared to those who do not work with asbestos attorney.
As a result, many law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a method to get noticed and make money. However, this strategy did not benefit mesothelioma patients well. Many of these companies took on more cases than they could handle and didn't offer the proper medical support and representation that mesothelioma sufferers deserve.
The defendants and insurers also used other tactics in order to combat asbestos claims. For instance, argued that asbestos victims should be required show that the asbestos to which they were exposed to was the cause for their illness. 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 asbestos exposure by multiple defendants.
Mesothelioma patients as well as their attorneys were vehemently opposed to this method. They claimed that it was unfair to demand asbestos victims to prove the cause for their illness before they could claim damages. This would also discourage victims from filing lawsuits with reputable law offices and make them settle for less than their case is worth.
The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the huge amounts of money that was given to asbestos victims by the insurance industry. This is why it is crucial to choose an asbestos compensation law firm that is well-known for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. We also played a role in bringing the first-ever successful asbestos compensation claim to court in 1972.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases result in very serious injuries to people who's lives were permanently altered through exposure to a fatal carcinogen. Mesothelioma is a kind of cancer that affects tissues surrounding internal organs, such as the lungs. The cancer can also spread to the abdominal cavity, chest wall and even the brain. Since the disease can be a long time to manifest, victims are often faced knowing that their condition is fatal. Many who have been affected by asbestos have endured an immense amount of financial hardship as they have been forced to sell their homes, pay medical bills, and make other costly changes to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos-related companies and suppliers. This is due to the fact that the law allows individuals to seek compensation for their losses even after their companies 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 many plaintiffs who wish to pursue the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases have been manipulated by certain attorneys to gain their clients. For example, a judge in New York City recently made an order that reverses a longstanding policy against 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.
This was a single instance, but it attracted the attention of many. Many believe that the case is an indication of the fraudulent strategies that are now common in a variety of asbestos lawsuits (page). The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial attorneys and politicians. This could help bring some balance to the system.
If you have been diagnosed with mesothelioma, or another asbestos-related illness, there is no reason to delay seeking legal representation. The most reputable mesothelioma lawyers will provide you with a no-cost consultation to talk about your case and determine the best way to proceed. Asbestos claims can take a long time to be processed, so you need an attorney who is knowledgeable about the complexities and the best ways to achieve results.