Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs would prefer to file individual lawsuits over group actions. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related injuries.
Scientists have proved that asbestos exposure can cause lung disease and damage. It can take many years for mesothelioma victims to develop the disease due to its 40-50 year latency time.
The History of Asbestos Litigation
Asbestos lawsuits are the longest running mass tort in U.S. history. It was not until the 1970s when federal and state courts started taking asbestos cases into consideration, following medical research found links between exposure to asbestos and various diseases, including mesothelioma and lung cancer, and various other illnesses such as asbestosis, pleural thickening and plaques of the pleura.
Many companies who mined asbestos, produced asbestos products, and then sold them knew the dangers but downplayed or ignored them. In the end, a number of asbestos-related companies were forced to close due to lawsuits filed by the families of victims. The majority of companies that filed for bankruptcy created asbestos trust funds as compensation to the victims.
A small number of asbestos-related cases are tried. In these cases, judges tend to be skeptical of defendants' arguments. They often give substantial verdicts to the victims. Asbestos lawyers have successfully pushed thousands cases through the court system and secured significant verdicts for mesothelioma sufferers.
However, the complexities of an asbestos lawsuit can make it difficult to be successful. In a lawsuit involving asbestos, plaintiffs must prove their illness is directly caused by a company's exposure to asbestos, a dangerous substance. This requires a thorough database linking workers, their work sites as well as their employer's names, products they used, their suppliers and vendors. This process can take many years, especially if a victim's employment history is complicated. It may involve interviewing co-workers, family members and abatement workers, as well as suppliers, and other people who could be involved in the case.
Expert witness testimony is also needed to support claims that asbestos-related illnesses have occurred. These expert witnesses are often physicians who have received training in the pathology and diagnosis of asbestos-related illnesses, and have reviewed the medical records of patients. This is especially important in the case of mesothelioma which can be difficult to identify.
Defendants can also try to discredit experts based on their qualifications or background. In recent time defendants have questioned the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits differ from other personal injury claims. The lawsuits are based on an uncommon illness that is caused by breathing in microfibers and then developing mesothelioma or another asbestos-related disease. These kinds of injuries are often caused by exposure to certain workplaces, including power plants, shipyards and construction projects.
In contrast to other types of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than being filed individually. This permits plaintiffs to bring a lawsuit against multiple defendants, and receive compensation from a variety of sources.
A seaman exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim developed mesothelioma as a result of asbestos particles inhaled when constructing naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients such as the Royal Navy.
A dock worker filed a lawsuit in the early 1990s, after developing mesothelioma from exposure to asbestos emitted by the factories where he was employed. The victim's widow filed a lawsuit 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 followed. In 1973, the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries to workers (Borel v. Fibreboard). The decision boosted the number of asbestos-related claims, putting asbestos manufacturers on notice that they could face litigation over their products.
Lawyers representing plaintiffs in a lawsuit that involves asbestos must comprehend the intricate chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as as identifying potential defendants. It is also essential to ensure that the lawsuit is compliant with state and federal laws that pertain to asbestos litigation. This includes laws which govern asbestos disclosure procedures.
The most important thing to do is to locate an attorney with expertise in mesothelioma. 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 if they are eligible for a lawsuit involving asbestos.
The Second Case
Asbestos victims have received significant settlements in court. These awards are typically higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for many reasons including the psychological and physical harm caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to develop lung disease and damage than those who didn't work with asbestos.
In the end, many law firms with a wealth of experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a way to be recognized and earn money. However, this approach did not benefit mesothelioma patients well. Many of these companies were able to handle more cases than they could handle and didn't offer the proper medical support and representation that mesothelioma sufferers deserve.
Insurance companies and defendants have employed various strategies to combat asbestos claims. For example the insurance industry claimed that asbestos sufferers must be required to prove the particular asbestos they were exposed to caused for their condition. This was a direct assault on the principle of joint-and-several liability, which permits the plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants.
Mesothelioma patients and their lawyers were strongly opposed to this method. They claimed that it was unfair to require asbestos patients to prove the exact cause for their illness before they could claim damages. In addition, it would hinder victims from filing claims with reputable law firms and potentially force them to settle their claims 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 massive sums paid by the insurance industry to asbestos victims. Alameda asbestos attorney is why it is crucial to select an asbestos compensation law firm that is well-known for its expertise and professionalism. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also responsible in 1972 for bringing to court the first successful asbestos compensation case.
The Third Case
In contrast to most toxic tort lawsuits, asbestos cases involve very serious injuries to people whose lives were irrevocably changed by exposure to a deadly carcinogen. Mesothelioma is a cancer of the tissues around organs inside, including the lungs. It can also spread to the abdominal cavity, chest wall as well as the brain and heart. The disease can take years to develop and victims are often forced to live with the knowledge of their degenerative condition. Asbestos has caused financial hardship for many asbestos victims who had to sell their homes, pay for medical expenses and make other significant changes to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos product suppliers and manufacturers. The law allows compensation to be sought even if a company has filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, many of these companies were forced to retire or shut down. There are still many plaintiffs who wish to bring legal action against the remaining companies. In fact, the number of new asbestos claims has increased.
Some of these cases are being manipulated to benefit specific lawyers and their clients. A New York City judge recently overturned a policy that had been in place for a number of years to prevent punitive damages when it comes to mesothelioma lawsuits. This was on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma sufferers.
It was only one instance, but it attracted the attention of a lot. Many people believe the case is an indication of the shady tactics that have become common in a variety of asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver attracted more attention to the links between trial attorneys and politicians. This may help to bring some balance to the system.
It is important to seek legal advice immediately if you've been diagnosed with mesothelioma or another asbestos-related illness. The top mesothelioma attorneys will provide you with a no-cost consultation to discuss your situation and determine the best course of action. Asbestos claims can take several months to process, so you need an attorney who understands the complexities of the case and the best way to achieve results.