Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are pursuing individual lawsuits, rather than the traditional class action. Individual lawsuits may provide more compensation for mesothelioma or other asbestos-related diseases.
Scientists have proven that asbestos exposure can cause lung damage and cause lung disease. Because mesothelioma sufferers have a latency period of 40-50 years, it may take an extended time for patients to develop their illness.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest running mass tort in U.S. history. It was not until the 1970s that federal and state courts began investigating asbestos cases, following medical research linked exposure to asbestos with various illnesses, including mesothelioma, lung cancer, and various other illnesses such as asbestosis, pleural thickening and plaques in the pleura.
Many companies that mined asbestos, manufactured asbestos products, and then sold them knew the dangers but ignored or minimized the dangers. Many asbestos-related companies declared bankruptcy due to the lawsuits filed by victims and family members. Most of the companies who filed for bankruptcy created asbestos trust funds as compensation to victims.
Although the vast majority of asbestos-related lawsuits settle out of court, a small amount of cases go to trial. When this happens, judges are often skeptical of defendants' arguments and often award large verdicts for victims. Asbestos lawyers have successfully pushed thousands of cases through the court process and have secured significant verdicts for mesothelioma patients.
The complexity of an asbestos case is what makes it difficult to win. In a lawsuit for asbestos plaintiffs must show that their illness was caused by a company's exposure to asbestos, a dangerous substance. This requires a database that links workers, their work locations and employers, as well as the products they used and their suppliers and vendors. This can take many years, especially if a victim's employment history is complicated. Interviewing co-workers and family members, abatement employees, suppliers, and other parties who could be accountable may be necessary.
Expert witness testimony is required to prove that asbestos-related illnesses have occurred. Most often, these expert witnesses are doctors who have been trained in the pathology of asbestos-related diseases and who have analyzed an individual's medical records. This is especially important in mesothelioma cases where the disease can be very difficult to diagnose.
Defense lawyers may also seek to discredit experts by attacking their background or their professional qualifications. In recent years defendants have questioned the scientific consensus that mesothelioma is caused by asbestos.
The First Case
Asbestos claims differ from other personal injury claims. The lawsuits involve a rare illness that's caused by inhaling the tiny fibers, and later developing mesothelioma or another asbestos-related disease. These injuries are often caused by exposure to asbestos at certain workplaces, including power stations, shipyards, and construction projects.
Berkeley asbestos attorneys are filed in a class-wide manner and not in a single instance. This allows the victims and their families to file a single lawsuit against multiple defendants and receive compensation from several sources of funds, resulting in lower legal costs.
The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim contracted mesothelioma from asbestos dust inhalation during the construction of naval vessels at Harland and Wolff Plc. The company made 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 released by factories in which he worked. The victim's wife filed a lawsuit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both manufactured valves that contained asbestos for oil drilling rigs, industrial processes 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 would be sued for their products.
Lawyers for the plaintiff in an asbestos lawsuit have to be aware of the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses and identifying potential defendants. It is also important to ensure that the lawsuit is in line with the federal and state laws that relate to asbestos litigation. This includes laws that govern asbestos disclosure procedures.
One of the most important steps is choosing an attorney who specializes in mesothelioma cases. A reputable law firm will offer a no-cost consultation and will review the client's medical records related to asbestos to determine eligibility for a asbestos lawsuit.
The Second Case
Asbestos patients have received substantial settlements in court, which are often higher than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have been awarded compensation for a variety of reasons, including physical and psychological injuries caused by asbestos exposure. Research has proven that asbestos workers are more likely to develop lung disease and lung damage than those who don't work with it.
In this way, a variety of law firms with extensive experience in asbestos litigation filed massive mesothelioma lawsuits. This allowed them to make a profit and gain recognition for their skills. This strategy was not beneficial to mesothelioma patients. Many of these firms took on 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 used other tactics to combat asbestos claims. For example, argued that asbestos victims must show that the asbestos to which 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 accountable for all damages that result from exposure to asbestos caused by multiple defendants.
This approach was met with a fierce restraining from mesothelioma sufferers as well as their lawyers, who claimed that it would be unfair for asbestos patients to have to prove the root of their condition in order to be able to claim damages. This could deter patients from bringing lawsuits against reliable law firms and force them to settle for less than the case is worth.
In the final decision the House of Lords sided with the victims and rejected the arguments of insurers. This ruling did not impact the massive sums paid by the insurance industry to asbestos victims. It is crucial to select an asbestos compensation company with a good reputation for expertise and skill. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We were also the ones responsible for bringing to court the first asbestos compensation case that was successful.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases can result in severe injuries to people who's lives were forever altered through exposure to a fatal carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lungs. Cancer can also spread into the abdominal cavity, chest wall, brain, and heart. The disease can take years to manifest, and sufferers are often left to endure the knowledge of their degenerative condition. Asbestos has caused financial difficulties for many asbestos victims who been forced to sell their homes, pay for medical expenses and make other significant adjustments to their lives.
In recent years, however many families of mesothelioma victims have decided to sue manufacturers and suppliers of asbestos products. The law permits compensation to be sought even if the company has filed for bankruptcy.
Many of these companies were forced to shut down and retire after paying billions of dollars in settlements to asbestos victims. But there are still plenty of plaintiffs who wish to sue the remaining companies. In fact the number of new asbestos lawsuits has risen.
Some of these cases are being used to benefit certain lawyers and their clients. For example a judge in New York City recently made an order that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was done at the request of an attorney for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma patients.
While this was only one instance, it has drew the attention of a lot of observers. Many believe this case is an indicator of the shady practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding the 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 representation immediately if you've been diagnosed with mesothelioma or another asbestos-related illness. The most reputable mesothelioma attorneys will offer a free consultation in order to discuss your case with you and decide on the best way to proceed. Asbestos claims can take several months to process, so you require an attorney who is knowledgeable about the complexities and how to get results.