Asbestos Litigation Cases - Individual Versus Class Action
In some instances, plaintiffs are pursuing individual lawsuits rather than the traditional class action. Individual lawsuits could provide greater compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proven that asbestos exposure can cause lung damage and causes disease. It can take several years for mesothelioma patients to develop the disease due to its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass torts in U.S. history. Federal and state courts only began to process asbestos cases in the 1970s, following research that linked asbestos exposure to illnesses like mesothelioma or lung cancer.
Many companies that mined, produced and supplied asbestos-based products were aware of the dangers but omitted or hid from these risks. Many asbestos companies declared bankruptcy because of the lawsuits brought by the victims and their family members. The majority of companies that filed for bankruptcy set up asbestos trust funds as compensation to victims.
Although the vast majority of asbestos-related lawsuits settle out of court, a tiny amount of cases go to trial. When this happens judges are usually skeptical of the defense and may award substantial verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the trial process and secured significant verdicts for mesothelioma victims.
However, the complexity of a case involving asbestos can make it difficult to be successful. In an asbestos-related case plaintiffs must prove that their illness was directly triggered through exposure to asbestos by the company. This requires a complete database linking workers, their workplaces and their employers' names, products they used, suppliers and vendors. The process of developing this data can take years particularly if the victim's employment history is complex. It may involve interviewing co-workers, family members, abatement workers, suppliers and other parties who might be responsible.
Expert witness testimony is required to prove that asbestos-related diseases have occurred. Expert witnesses are typically doctors who have completed training in the diagnosis and pathology of asbestos-related diseases and have analyzed the medical records of a patient. This is particularly important in cases of mesothelioma, which is a difficult disease to identify.
Defendants can also try to discredit experts based on their background or qualifications. This is a worrying trend that has been noticed in recent years as defendants are increasingly challenging the worldwide scientific consensus that asbestos causes mesothelioma as well as other illnesses.
The First Case
Asbestos claims are different from other types of personal injury lawsuits. Inhaling asbestos fibers can cause mesothelioma, a rare condition, or other asbestos-related diseases. These injuries usually result from exposure to asbestos at certain work sites, such as power stations, shipyards and construction projects.
In contrast to other types of civil litigation asbestos lawsuits are filed on a class-wide basis rather than separately. This allows plaintiffs to file a lawsuit against multiple defendants, and receive compensation from a variety of sources.
The first mesothelioma lawsuit was filed in 1927 by a seaman who was exposed to asbestos while working on an British ship. The victim contracted mesothelioma after inhaling asbestos particles emitted during the fabrication 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 claim in the early 1990s, after suffering from mesothelioma after exposure to asbestos released by factories where he was employed. The victim's widow filed an action against five companies, including Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The decision asbestoslitigationgroup increased the volume of asbestos-related lawsuits, putting asbestos manufacturers on notice that they might face litigation over their products.
Lawyers for a plaintiff in a lawsuit involving asbestos need to be aware of the complex chain of exposure. This involves establishing the victim's exposure as well as mesothelioma diagnosis, as in identifying the potential defendants. It also involves ensuring that the lawsuit complies with the state laws and federal regulations pertaining to asbestos litigation, such as the ones that govern asbestos discovery procedures.
One of the most important actions is choosing an attorney who is specialized in mesothelioma cases. A reputable law office will offer a free consult and review the client's medical records related to asbestos to determine if they are eligible for a lawsuit against asbestos.
The Second Case
Asbestos sufferers have gotten significant settlements in court. These awards are typically higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for various reasons that include the psychological and physical harm caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung diseases and lung damage than those who do not work with it.
In the end, many law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This was a method for firms to earn money and gain recognition for their skills. This strategy was not beneficial for mesothelioma patients. Many of these companies had more cases than they could handle and didn't provide the proper medical support and representation that mesothelioma patients need.
The defendants and insurers have also employed other strategies to fight asbestos claims. For example the insurance industry claimed that asbestos sufferers must be required to prove that the specific asbestos they were exposed to was the cause for their illness. This was a direct assault on the principle of joint and multiple liability, which permits a plaintiff to be held liable for all damages that result from asbestos exposure by multiple defendants.
Mesothelioma patients and their lawyers were adamantly opposed to this approach. They claimed that it was unfair to require asbestos patients to prove the reason for their condition before they could claim damages. This could deter patients from bringing lawsuits against reputable law offices and make them settle for less than their case is worth.
The House of Lords ultimately sided with victims and rejected the arguments of the insurers. However, this ruling did not affect the large sums of money paid to asbestos victims by the insurance industry. This is why it is crucial to choose an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Asbestos cases differ from other toxic tort cases because they result in serious injuries that have irrevocably affected the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a type of cancer that affects tissues surrounding internal organs, such as the lung. The cancer may also expand to the abdominal cavity, chest wall, heart and the brain. The disease can take a long time to develop and victims are often forced to live with the knowledge of their degenerative condition. Many of those who have been affected by asbestos have suffered many financial hardship, as they have been forced to sell their homes and medical bills and make other costly changes to their lives.
In recent years, however many families of mesothelioma victims have taken to suing the manufacturers and suppliers of asbestos products. This is because the law permits people 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 out billions in settlements to asbestos victims. However, there are a lot of plaintiffs who wish to sue the remaining companies. In fact, the number of new asbestos lawsuits has risen.
Certain cases are being manipulated to benefit certain attorneys and their clients. For example a judge in New York City recently made a ruling that reversed the long-standing 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 over 30 mesothelioma patients.
It was only one instance, but it caught the attention of a lot. Many believe that this case is a sign of the shady methods that have become a regular feature in many asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has brought greater scrutiny to the connections between trial lawyers and politicians, which could help bring some balance back to the system.
You should seek legal counsel immediately if diagnosed as having mesothelioma, or any other asbestos-related disease. The best mesothelioma attorneys will offer a free consultation to discuss your situation with you and decide on the best way to proceed. Asbestos claims can take a long time to process, so you require an attorney who understands the complexities of the case and the best way to achieve results.