The Asbestos Litigation Cases Success Story You ll Never Believe

Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs are seeking individual lawsuits rather than an action in a group. Individual lawsuits can provide greater compensation for injuries caused by asbestos and mesothelioma.

Scientists have proved that exposure to asbestos can lead to 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 suits are among the longest-running mass torts in U.S. History. It was not until the 1970s when federal and state courts started investigating asbestos cases, following medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening, and plaques in the pleura.

Many companies that mined, manufactured and sold asbestos products were aware of the dangers but omitted or downplayed these risks. Many asbestos-related companies filed for bankruptcy due to the lawsuits filed by the victims and their family members. Most of the companies who filed for bankruptcy set up asbestos trust funds to pay compensation to the victims.

A small number of asbestos-related cases are heard. In these cases judges are generally skeptical of defendants' arguments and may award substantial verdicts to the victims. Asbestos lawyers have successfully pushed thousands cases through the court system and secured significant verdicts for mesothelioma patients.

The complexity of an asbestos case can be difficult to win. In a case involving asbestos plaintiffs must demonstrate that their illness was directly caused through exposure to asbestos by the company. This requires a database that connects workers, their workplaces and employers, as well as the products they used and their suppliers and vendors. The process of developing this data can take years particularly if the victim's history of work is complicated. Interviewing co-workers and family members as well as abatement employees suppliers, and other people who could be responsible may be required.

The evidence in an asbestos-related case requires expert witness testimony to back the claims of an asbestos-related disease. The majority of these experts are doctors who have been trained in the pathology of asbestos-related diseases, and who have examined the medical records of a patient. This is especially important in cases of mesothelioma, which is a difficult disease to detect.

The defendants may also try to discredit experts by attacking their backgrounds or professional qualifications. This is a worrying pattern that has been seen in recent years as defendants are increasingly challenging world-wide scientific consensus that asbestos causes mesothelioma as well as other illnesses.

The First Case

Asbestos claims differ from other personal injury claims. Inhaling asbestos fibers can lead to mesothelioma, which is a rare illness, or other asbestos-related diseases. These injuries are often caused by exposure to asbestos at specific work sites, such as shipyards, power stations and construction projects.

Unlike some other types of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than individually. This allows victims and their families to file a single complaint against multiple defendants and receive compensation from a variety of sources of funds, resulting in lower legal costs.

A seaman exposed to asbestos attorneys on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim developed mesothelioma after breathing asbestos particles that were released during the fabrication 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 following developing mesothelioma from exposure to asbestos released by the factories where he was employed. The victim's widow filed an action against five companies, including Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs as well as other industrial processes.

Other cases were followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely liable (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related claims. It also put asbestos manufacturers on notice that they might face litigation over their products.

Lawyers representing the plaintiff in a lawsuit involving asbestos need to comprehend the complex chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as as identifying the potential defendants. It is also important to ensure that the lawsuit is compliant with federal and state laws that relate to asbestos litigation. This includes the laws that regulate asbestos disclosure procedures.

The most important step is to find an attorney who has expertise in mesothelioma. A trusted 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 a lawsuit involving asbestos.

The Second Case

Asbestos sufferers have won significant settlements in the courts, which are usually higher than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have been awarded compensation for many reasons, including physical and psychological damage caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer lung disease and lung damage than those who don't work with asbestos.

In the end, many law firms with a wealth of experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a way to be recognized and earn money. However, this strategy did not serve mesothelioma sufferers well. These companies took on more cases than they could manage and did not provide the medical support and representation mesothelioma sufferers deserve.

Insurance companies and defendants have also employed other strategies to combat asbestos claims. The insurance industry, for instance, argued that asbestos victims must demonstrate that the asbestos they were exposed to was responsible for their condition. This was an open challenge to the concept of joint and several liability, which allows one plaintiff to be held responsible for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients as well as their attorneys were vehemently against this strategy. They argued that it was unfair to demand asbestos patients to prove the root reason for their illness before they could claim damages. This could deter patients from filing lawsuits with reliable law firms and force them to settle for less than the case is worth.

In the end the House of Lords sided with the victims and rejected the insurers' arguments. The ruling did not affect the massive sums 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 UK-based law firm. We also were responsible for bringing the first-ever successful asbestos compensation case to court in 1972.

The Third Case

Unlike most toxic tort lawsuits, asbestos Lawyer cases involve very serious injuries to people whose lives were irrevocably changed due to exposure to a dangerous carcinogen. Mesothelioma is a form of cancer that affects the tissues surrounding internal organs, such as the lung. The cancer may also spread to the abdominal cavity as well as the chest wall, heart and even the brain. Since the disease can be a long time to manifest, sufferers have to live with the knowledge that their condition is end-of-life. Many of those who have been affected by asbestos have suffered an immense amount of financial hardship because they've been forced to sell their homes and pay medical bills and make other expensive adjustments to their lives.

In recent years, however there have been numerous lawsuits filed by families against asbestos product manufacturers and suppliers. This is because the law allows people to seek compensation for their losses even after their companies have filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, many of these companies were forced to shut down or shut down. 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 are being used to benefit certain attorneys and their clients. For instance a judge from New York City recently made an order that reverses an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was on the advice of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma sufferers.

This was a single instance, but it attracted the attention of many. Many believe that this case is a sign of the deceitful tactics that have become common in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver brought more attention to the ties between trial lawyers and politicians. This could help bring some balance to the system.

You should seek legal representation immediately if you have been diagnosed as having mesothelioma, or another asbestos-related illness. The most reputable mesothelioma attorneys will offer a free consultation to discuss your case with you and determine the best course-of-action. Asbestos claims can take a long time to be processed, so you require an attorney who knows the intricacies and how to get results.