15 Undeniable Reasons To Love Asbestos Litigation Cases

Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs are seeking individual lawsuits instead of a class action. Individual lawsuits could provide greater compensation for injuries resulting from asbestos and mesothelioma.

Scientists have proven that asbestos exposure causes lung damage and diseases. Since mesothelioma is a disease with a latency period of 40-50 years, it could take a long time for victims to develop their illness.

The History of Asbestos Litigation

Asbestos lawsuits are among the longest-running mass torts in U.S. history. It was not until the 1970s that federal and state courts began taking asbestos cases into consideration, following medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and other diseases such as asbestosis, pleural thickening and plaques in the pleura.

Many companies that mined, produced and supplied asbestos-based products were aware of the dangers, but omitted or hid from these dangers. Many asbestos attorneys companies declared bankruptcy due to lawsuits filed by victims and family members. The majority of companies that filed for bankruptcy created asbestos trust funds to pay compensation to victims.

A small percentage of asbestos-related cases are heard. In these cases, judges tend to be skeptical of defense arguments of the defendants. They are often able to award large verdicts to victims. Asbestos lawyers have successfully pushed thousands cases through the court system and secured significant verdicts for mesothelioma patients.

The complex nature of asbestos lawsuits is what makes it difficult to win. In an asbestos case plaintiffs must prove that their condition was directly triggered by the company's exposure. This requires a complete database of the workers, their job sites, their employer's names, the products they used, their suppliers and vendors. The process of developing this information could take a long time, especially when a victim's work history is complicated. It may involve interviewing co-workers, family members and abatement workers, as well as suppliers, and other parties that could potentially be responsible.

Expert witness testimony is required to prove that asbestos-related illnesses have occurred. Expert witnesses are typically physicians who have received training in the diagnosis and pathology of asbestos-related illnesses, and have reviewed a patient's medical records. This is particularly important in mesothelioma-related cases, as the disease is often difficult to detect.

Defendants may also attempt to undermine experts by pointing out their background or their professional qualifications. In recent times, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos lawsuits differ from other personal injury claims. Asbestos fibers inhalation can cause a rare disease called mesothelioma or other asbestos-related illnesses. These injuries usually result by exposure to asbestos in certain work places, like power stations, shipyards, and construction projects.

In contrast to other types of civil litigation asbestos lawsuits are filed on a group-wide basis rather than individually. This permits plaintiffs to file a lawsuit against multiple defendants, and receive compensation from various sources.

A seamstress exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma following breathing asbestos particles that were released during the construction of ships at Harland and Wolff Plc, which was a company that built 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 factories in which he worked. The widow of the victim filed a lawsuit against five companies, including Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.

Other cases followed. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers accountable (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they might be sued for their products.

Lawyers representing a plaintiff in a suit involving asbestos must be aware of the complicated chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It also involves ensuring that the lawsuit complies with the state laws and federal regulations that govern asbestos litigation, including those that govern asbestos lawyer discovery procedures.

One of the most crucial steps is choosing an attorney who is specialized in mesothelioma cases. A reputable law office will offer a free consult and examine the medical records of the client related to asbestos to determine if they are eligible for a asbestos lawsuit.

The Second Case

Asbestos sufferers have won significant payouts in court, which are often higher than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have received compensation for various reasons, including physical and psychological damage caused by asbestos exposure. Researchers have found that those who worked with asbestos were more likely to develop lung damage and disease than those who did not work with it.

As such, a number of law firms with vast experience in asbestos litigation filed large mesothelioma cases in large numbers. This was a method for firms to earn money and be recognized for their expertise. This method was not helpful to mesothelioma sufferers. 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.

Insurance companies and defendants have also employed other strategies to combat asbestos claims. Insurance companies, for instance, believed that asbestos victims should be required prove that the asbestos they were exposed to was the cause for their illness. This was a direct assault on the concept of joint-and-several liability, which allows plaintiffs to be held liable for all damages resulting from exposure to asbestos by multiple defendants.

This idea was met with fierce opposition from mesothelioma patients and their lawyers, who argued that it was unfair for asbestos patients to to prove the root of their condition in order to recover damages. Additionally, it would dissuade people from filing claims with reliable law firms and could force them to settle their cases with less than what they are entitled to.

The House of Lords ultimately sided with victims and rejected the arguments of insurers. However, this decision did not affect the massive sums of money paid to asbestos victims by the insurance industry. This is why it is important to select an asbestos attorneys 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 were also responsible in 1972 for bringing before the court the first asbestos compensation case that was successful.

The Third Case

In contrast to most toxic tort lawsuits, asbestos cases involve very serious injuries to people who's lives were forever altered due to exposure to a dangerous carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lungs. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. Because the disease can take decades to manifest, sufferers are often faced knowing that their condition is terminal. Asbestos has led to financial hardship for many asbestos lawyer sufferers who had to sell their homes, pay for medical expenses, and make other expensive modifications to their lives.

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

Many of these companies were forced to close and retire after paying billions of dollars in settlements to asbestos attorneys victims. There are still a lot of plaintiffs who want to bring legal action against 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 from New York City recently made a ruling that reversed an old policy of not allowing mesothelioma lawsuits involving punitive damages. This was at the request of the lawyer representing Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims.

Although this was a single case, it has drawn the attention of a lot of observers. Many people believe this case is a sign of the fraudulent strategies that are now common in a variety of asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver attracted more attention to the ties between trial lawyers and politicians. This may help to bring some balance to the system.

You should seek legal counsel immediately if you've been diagnosed as having mesothelioma, or another asbestos-related disease. The most reputable mesothelioma lawyers will provide you with a no-cost consultation to talk about your case and determine the best path to take. The process of filing an asbestos claim can take several months, therefore it is essential that you choose an attorney who understands the complexities involved and how to obtain results.