It's The Evolution Of Asbestos Litigation Cases

Asbestos Litigation Cases - Individual Versus Class Action

In certain cases plaintiffs would prefer to file individual lawsuits instead of group actions. Individual lawsuits may provide more compensation for mesothelioma as well as other asbestos-related injuries.

Scientists have proved that exposure to asbestos can lead to lung diseases and damage. It could take a long time for mesothelioma sufferers to develop the disease because of its 40-50 year latency period.

The History of Asbestos Litigation

Asbestos lawsuits are among the longest-running mass torts in U.S. history. It wasn't until the 1970s that federal and state courts began taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and other diseases like asbestosis, pleural thickening, and plaques in the pleura.

Many companies that mined asbestos, manufactured asbestos products, and then sold them knew the dangers but hid or brushed them aside. Many asbestos companies filed for bankruptcy due to the lawsuits filed by victims and their family members. The majority of the companies who filed for bankruptcy put asbestos trust funds in order to pay victims.

While the vast majority of asbestos-related claims are settled out of court, a small percentage of cases are brought to trial. If this happens judges are generally skeptical of the defense and will award large verdicts for victims. Asbestos lawyers have successfully pushed thousands of cases through the trial process and have secured significant verdicts for mesothelioma victims.

The complexity of asbestos cases can be difficult to win. In a lawsuit involving asbestos plaintiffs must show that their illness was caused by a company's exposure to asbestos, a dangerous substance. This is a requirement for a database that ties workers, their workplaces as well as their employers, the products they used, and their suppliers and vendors. The process of creating this data can take years particularly if the victim's employment history is complex. It may involve interviewing co-workers, family members and abatement workers, as well as suppliers, and other parties that could be involved in the case.

The evidence in an asbestos case requires expert witness testimony to back the claims of an asbestos-related disease. Most often, these expert witnesses are physicians with training in the pathology of asbestos-related diseases, and who have analyzed the medical records of an individual. This is especially crucial in mesothelioma cases where the disease can be extremely difficult to identify.

Defendants may also attempt to discredit experts by arguing their backgrounds or professional qualifications. This is a troubling trend that has been noticed in recent years as defendants are increasingly challenging the worldwide scientific consensus that asbestos is the cause of mesothelioma and other diseases.

The First Case

Asbestos cases are unique from other types of personal injury lawsuits. The lawsuits concern an uncommon disease that's caused by breathing in the microscopic fibers and subsequently developing mesothelioma, or another asbestos-related disease. These injuries are often caused by exposure to asbestos at certain work places, like shipyards, power stations and construction projects.

Asbestos lawsuits are filed in a class-wide fashion, not individually. This allows 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.

A seaman exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim contracted 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.

Another early case was filed by an employee at the dock who contracted mesothelioma as a result of exposure to asbestos from the factories where he worked. The widow of the victim filed an action against five companies, including Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.

Other cases were followed. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers liable (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they could face litigation over their products.

Lawyers for the plaintiff in an asbestos lawsuit need to comprehend the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also about making sure that the lawsuit is compliant with federal and state laws. regulations pertaining to asbestos litigation, such as those that govern asbestos discovery procedures.

The most important step is to find an attorney who has expertise in mesothelioma. A trusted law firm will provide an initial consultation for free and will review the medical records of the patient that relate to asbestos to determine eligibility for an asbestos lawsuit.

The Second Case

Asbestos victims have received significant settlements in the courts, which are usually higher than what they would receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have received compensation for many reasons, including physical and psychological damage 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 it.

This is why a number of law firms with a wealth of experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a method to get noticed and make money. But, this method did not benefit mesothelioma patients well. Many of these companies were able to handle more cases than they could handle and did not provide the necessary medical support or representation that mesothelioma patients need.

The defendants and insurance companies have also employed other strategies in order to combat asbestos claims. For instance the insurance industry argued that asbestos sufferers must be required to prove that the particular asbestos they were exposed to was responsible for their condition. This was an attack on the principle of joint and several liability, which allows a single plaintiff to be held responsible for all damages that result from exposure to asbestos caused by multiple defendants.

Mesothelioma patients and their lawyers were vehemently opposed to this approach. They claimed that it was unfair to require asbestos sufferers to prove the exact reason for their condition before they could recover damages. This would also discourage victims from filing lawsuits with reliable law firms and force them to accept less than what their case is worth.

The House of Lords ultimately sided with victims and rejected the arguments of the insurers. However, this decision did not affect the massive sums of money given to asbestos victims by the insurance industry. This is why it is important to choose an asbestos compensation law firm that is known for its expertise and skill. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We also played a role in the first ever successful asbestos compensation case to court in 1972.

The Third Case

Asbestos cases differ from most toxic tort suits because they cause serious injuries that have forever changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma affects the tissues surrounding internal organs, such as the lung.  Simi Valley asbestos lawsuits  can also spread to the abdominal cavity, chest wall, brain, and heart. Because the disease can take decades to manifest, victims have to live knowing that their condition is terminal. Asbestos has led to financial hardship for asbestos-related victims, who have been forced to sell their homes, pay for medical expenses and make other costly adjustments to their lives.

In recent years, however numerous families have filed lawsuits against asbestos-related companies and suppliers. The law allows for compensation to be sought even when the company has filed for bankruptcy.

Many of these companies were forced to shut down and retire after paying out billions in settlements to asbestos victims. There are still many plaintiffs who want to bring legal action against the remaining companies. The number of asbestos-related lawsuits has actually increased.

Some of these cases are being manipulated to benefit certain attorneys and their clients. A New York City judge recently changed a rule that had been in place for many years against punitive damages in relation to 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 victims.

Although it was a single instance, it has drew the attention of many observers. Many believe that the case is an indicator of the shady tactics that have become common in asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has brought greater attention to the ties between trial lawyers and politicians, which may help restore some balance to the system.

If you have been diagnosed with mesothelioma, or another asbestos-related illness, there's no time to waste in seeking legal counsel. The most effective mesothelioma lawyers will offer a no-cost consultation to discuss your case with you and decide on the best strategy for you. Asbestos claims can take months to be processed, so you need an attorney who understands the complexities of the case and the best way to achieve results.