12 Companies That Are Leading The Way In Asbestos Litigation Cases

Asbestos Litigation Cases - Individual Versus Class Action

In some cases plaintiffs choose to pursue individual lawsuits rather than group actions. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related diseases.

Researchers have discovered that asbestos exposure causes lung damage and disease. Because mesothelioma has an estimated latency of 40-50 years, it may take an extended time for patients to develop the disease.

The History of Asbestos Litigation

Asbestos lawsuits are among the longest-running mass torts in U.S. history. State and federal courts first began to handle asbestos cases in the 1970s following research that linked asbestos exposure to illnesses like mesothelioma or lung cancer.

Many companies that mined, produced and sold asbestos products were aware of the dangers but omitted or hid from these dangers. In the end, a number of asbestos companies filed for bankruptcy under the weight of lawsuits brought by the families of victims. The majority of companies that declared bankruptcy set up asbestos trust funds to compensate victims.

While the vast majority of asbestos-related lawsuits settle out of court, a small percentage of cases are brought to trial. In these cases, judges tend to be skeptical of defense arguments of the defendants. They often give large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and obtained significant verdicts for mesothelioma sufferers.

However, the complexities of an asbestos lawsuit can make it difficult to be successful. In an asbestos lawsuit plaintiffs must prove that their illness is directly caused by a company's exposure to the hazardous substance. This requires a complete database of the workers, their work sites as well as their employer's names, the products they used, suppliers and vendors. This process can take many years, particularly if the victim's work history is complex. Interviewing family members, coworkers as well as abatement employees, suppliers, and other parties who could be accountable may be required.

The evidence in an asbestos case requires expert witness testimony to support the claims of an asbestos-related disease. These expert witnesses are often physicians who have received training in the pathology and diagnosis of asbestos-related illnesses, and have analyzed a patient's medical records. This is especially crucial in mesothelioma cases, where the disease can be extremely difficult to identify.

Defense lawyers may also seek to discredit experts by attacking their credentials or qualifications. In recent years, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.

The First Case

Asbestos cases are unique from other personal injury claims. The lawsuits involve a rare illness that's caused by inhaling the microfibers and then developing mesothelioma, or another asbestos-related disease. These injuries are often caused from exposure to asbestos in certain work places, like shipyards, power stations and construction projects.

In contrast to other types of civil litigation asbestos lawsuits are filed on a class-wide basis, rather than individually. This allows plaintiffs to file an action against several defendants, and receive compensation from different sources.

The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on an British ship. The victim was diagnosed with mesothelioma following breathing asbestos particles that were released when constructing vessels at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.

A dock worker filed a case in the early 1990s following developing mesothelioma as a result of exposure to asbestos released by the factories where he was employed. 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 industrial processes, rigs, and other industrial processes.

The cases that followed were not the only ones. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely accountable (Borel v. Fibreboard) for any injuries to workers. The decision increased the volume of asbestos-related claims, putting asbestos manufacturers on notice that they might be sued for their products.

Lawyers for the plaintiff in an asbestos lawsuit need to understand the complicated chain of exposure. This includes determining the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It also involves ensuring that the lawsuit complies with federal and state laws. regulations that govern asbestos litigation, such as those that govern asbestos discovery procedures.

One of the most crucial steps is to choose an attorney who is specialized in mesothelioma cases. A reputable law firm will offer free consultation and a review of the medical records of the client that are related to asbestos to determine eligibility for an asbestos lawsuit.

The Second Case

Asbestos victims have received significant payouts in the courts, which are usually higher than what they would receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos sufferers have received compensation for many reasons that include the psychological and physical damage caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to suffer lung disease and damage than those who did not work with asbestos.

This is why a number of law firms with extensive experience in asbestos attorneys litigation filed a huge number of mesothelioma lawsuits. This was a method for them to make a profit and gain recognition for their expertise. However, this strategy did not serve mesothelioma sufferers well. Many of these companies had more cases than they could handle and didn't offer the necessary medical support or representation that mesothelioma patients deserve.

Insurance companies and defendants have also employed other strategies to stop asbestos claims. Insurance companies, for instance, believed that asbestos victims should be required show that the asbestos to which they were exposed was responsible for their illness. This was an open challenge to the principle of joint and multiple liability, which allows one plaintiff to be held accountable for all damages resulting from exposure to asbestos by multiple defendants.

Mesothelioma patients and their lawyers were strongly opposed to this method. They argued that it was unfair to require asbestos victims to prove the root cause for their illness before they could recover damages. Additionally, it could dissuade people from filing claims with reputable law firms and potentially force them to settle their cases at a lower price than they should.

The House of Lords ultimately sided with victims and rejected the arguments of the insurers. The ruling did not affect the huge sums of money paid by the insurance industry to asbestos victims. It is essential to choose an asbestos compensation company that is known for its competence and expertise. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.

The Third Case

Contrary to the majority of toxic tort lawsuits, asbestos cases involve severe injuries to people whose lives were irrevocably changed through exposure to a fatal carcinogen. Mesothelioma affects tissues that surround internal organs, such as the lung. The cancer may also expand to the abdominal cavity and chest wall, heart and even the brain. Because the disease may take years to manifest, patients must often live with the knowledge that their condition is terminal. Asbestos has led to financial hardship for asbestos-related victims who had to sell their homes, pay medical expenses and make other significant adjustments to their lives.

In recent years, however, many families of mesothelioma victims have decided to sue asbestos-related companies and suppliers. products. The law allows for compensation to be sought even when the company has filed for bankruptcy.

After paying billions of dollars in settlements to asbestos victims, a number of these companies were forced to shut down or close. There are still a lot of plaintiffs who want to pursue the remaining companies. The number of asbestos lawsuits has actually increased.

Some of these cases are being manipulated to benefit certain lawyers and their clients. A New York City judge recently overturned a policy that had been in place for many years against punitive damages in relation to mesothelioma cases. This was done on the advice of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma patients.

While this was only one instance, it has attracted the attention of a lot of observers. Many believe that this case is a sign of the shady tactics that have become common in many asbestos lawsuits. The corruption scandal that surrounded the former New York Assembly Speaker Sheldon Silver attracted more attention to the connections between trial lawyers and politicians. This may help to bring some stability to the system.

If you've been diagnosed with mesothelioma or another asbestos-related illness, there's no time to waste in seeking legal representation. The top mesothelioma attorneys will provide you with a no-cost consultation to talk about your case and determine the best course of action. Asbestos claims can take several months to process, which is why you require an attorney who is knowledgeable about the complexities and the best way to achieve results.