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Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs are pursuing individual lawsuits, rather than the traditional class action. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos lawyer-related diseases.

Researchers have discovered that asbestos exposure can cause lung damage and causes disease. Because mesothelioma sufferers have a latency time of 40-50 years, it can take an extended time for patients to develop the illness.

The History of Asbestos Litigation

Asbestos suits are the longest-running mass torts in U.S. History. It was not until the 1970s that federal and state courts began processing asbestos attorneys cases, after medical research identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and other diseases such as asbestosis, pleural thickening and plaques of the pleura.

Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but omitted or downplayed these risks. As a result, numerous asbestos-related companies were forced to close due to lawsuits brought by families of victims. The majority of companies that declared bankruptcy had asbestos trust funds to compensate to the victims.

A few asbestos-related cases are heard. In these instances, judges tend to be skeptical of the defense arguments of the defendants. They will often award large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court system and obtained significant verdicts on behalf of mesothelioma patients.

The complexity of an asbestos case can be difficult to win. In an asbestos case plaintiffs must demonstrate that their illness was directly triggered by exposure to asbestos in the workplace. This is a requirement for a database that ties workers, their work sites and employers, as well as the products they used, and their suppliers and vendors. This can take many years, particularly if the victim's employment history is complex. It could involve interviews with coworkers relatives and abatement workers, as well as suppliers, and other parties that might be responsible.

Expert witness testimony is also required to support claims that asbestos-related diseases have occurred. The majority of these experts are doctors who have been trained in the pathology of asbestos-related diseases and who have analyzed the medical records of an individual. This is especially important in mesothelioma cases where the disease is often difficult 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 world-wide scientific consensus that asbestos causes mesothelioma and other diseases.

The First Case

Asbestos lawsuits are distinct from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, which is a rare illness or other asbestos-related illnesses. These types of injuries are typically caused by exposure at certain work sites, such as 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 allows victims to file an action against several defendants and receive compensation from various sources.

The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on the deck of a British ship. The victim was diagnosed with mesothelioma due to asbestos dust inhalation during the construction of naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients, including the Royal Navy.

A dock worker filed a case in the early 1990s, after developing mesothelioma as a result of exposure to asbestos released by the factories he worked in. The victim's widow filed an action against five companies which included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs and other industrial processes.

Other cases were followed. In 1973, the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries suffered by workers (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits, and asbestos manufacturers were notified that they could be sued for their products.

Lawyers for the plaintiff in a lawsuit involving asbestos need to be aware of the complex chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis as well in identifying the 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 which govern asbestos disclosure procedures.

The most important step is to find an attorney with experience in mesothelioma. A reputable law firm will offer a no-cost consultation and will review the client's medical records relating to asbestos in order to determine eligibility for a asbestos lawsuit.

The Second Case

Asbestos victims have received significant payouts in court, and these are often more than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have been awarded compensation for a variety of reasons, including physical and psychological harms caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to have lung diseases and damage than those who didn't work with asbestos lawyer.

This is why a number of law firms with extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. This allowed firms to earn money and earn recognition for their skills. This approach was not beneficial to mesothelioma sufferers. The firms were able to take on more cases than they were able to handle and didn't provide the medical assistance and representation that patients suffering from mesothelioma deserve.

The defendants and insurance companies have also used other tactics to fight asbestos claims. For example the insurance industry claimed that asbestos sufferers should be required to prove that the specific asbestos they were exposed to was responsible for their condition. This was a direct assault on the concept of joint-and-several liability, which allows plaintiffs to be held accountable for all damages resulting from exposure to asbestos by multiple defendants.

This idea was met with fierce opposition from mesothelioma sufferers as well as their lawyers, who argued that it was unfair for asbestos sufferers to have to prove the exact cause of their illness to be able to claim damages. This could deter patients from bringing cases with legal firms that are reputable and make them settle for less than the case is worth.

The House of Lords ultimately sided with the victims and rejected arguments of the insurers. The decision did not affect the huge sums of money that insurance companies pay to asbestos victims. This is why it is important to select an asbestos compensation law firm that is known for its skill and expertise. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also the ones responsible for bringing to court the first successful asbestos compensation case.

The Third Case

Asbestos cases differ from other toxic tort cases because they involve serious injuries that have forever changed the lives of those who were exposed to a deadly carcinogen. Mesothelioma affects tissues that surround organs inside, including the lung. It can also spread to the abdominal cavity, chest wall and even the brain. The disease can take a long time to manifest, and sufferers are often left to live with the knowledge of their terminal condition. Many who have been affected by asbestos have endured a great deal of financial hardship as they have been forced to sell homes and medical bills and make other expensive changes to their lives.

In recent years however numerous families have filed lawsuits against asbestos product manufacturers and suppliers. This is because the law allows people to seek damages compensation even after their businesses have filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, a lot of these businesses were forced to close or shut down. There are still many plaintiffs who wish to pursue the remaining companies. The number of asbestos lawsuits has actually increased.

Certain cases have been manipulated by certain attorneys to benefit their clients. For instance a judge in New York City recently made an order that reversed a longstanding policy against punitive damages in mesothelioma lawsuits. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.

Although it was a single case, it has drawn the attention of a lot of observers. Many believe that the case is an indicator of the unsavory practices that are typical in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial lawyers and politicians. This may help to bring some stability to the system.

You should seek legal counsel immediately if you have been diagnosed as having mesothelioma, or any other asbestos-related disease. The best mesothelioma attorneys will offer a free consultation to discuss your case with you and decide on the best way to proceed. 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.