Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs choose to file individual lawsuits over group actions. Individual lawsuits could provide greater compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proven that exposure to asbestos can cause lung diseases and damage. Since mesothelioma is a disease with an estimated latency of 40-50 years, it may take a long time for victims to develop the disease.
The History of Asbestos Litigation
Asbestos suits are the longest-running mass torts in U.S. history. It wasn't until the 1970s that state and federal courts began taking asbestos cases into consideration, following medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening, and pleural plaques.
Many companies that mined, made and supplied asbestos products knew of the dangers, but ignored or minimized the risks. As a result, many asbestos-related companies were forced to close due to lawsuits filed by victims and their families. Most of the companies who declared bankruptcy had asbestos trust funds to pay compensation to the victims.
While the vast majority of asbestos-related claims settle out of court, a small percentage of cases are brought to trial. If this happens, judges are often skeptical of defendants' arguments and will award large verdicts to the victims. Asbestos lawyers have successfully pushed thousands cases through the court system and secured significant verdicts on behalf of mesothelioma patients.
The complex nature of asbestos lawsuits makes it difficult to win. In a case involving asbestos plaintiffs must demonstrate that their illness was directly caused by the company's exposure. This requires a comprehensive database linking workers, their work sites and their employers' names, products they used, their suppliers and vendors. The process of constructing this information can take years especially if a victim's history of work is complicated. It could involve a thorough interview with coworkers relatives, abatement workers, suppliers and other parties who could potentially be responsible.
Expert witness testimony is also required to prove that asbestos-related illnesses have occurred. Most often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases, and who have analyzed the medical records of a patient. This is particularly important in mesothelioma cases, where the disease can be extremely difficult to identify.
Defense lawyers can also attempt to discredit experts by pointing out their background or qualifications. This is a worrying pattern that has been seen in recent years, as defendants are increasingly challenging the world-wide scientific consensus that asbestos is the cause of mesothelioma and other diseases.
The First Case
Asbestos cases are unique from other personal injury claims. Inhaling asbestos fibers can cause a rare disease called mesothelioma or other asbestos-related illnesses. These injuries usually result from exposure to asbestos in certain work sites, such as power stations, shipyards, and construction projects.
Asbestos lawsuits are filed in a group-wide manner, not individually. This allows the victims and their families to file a single complaint against multiple defendants and receive compensation from multiple sources of money, resulting in lower legal fees.
The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on the deck of a British ship. The victim developed mesothelioma as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients like the Royal Navy.
Another early case was filed by a dock worker who was diagnosed with mesothelioma after exposure to asbestos emitted from the factories in which 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 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 led to an increase in asbestos-related lawsuits. As a result, asbestos manufacturers were put on notice that they could be sued for their products.
Lawyers representing a plaintiff in a asbestos exposure litigation lawsuit involving asbestos must comprehend the intricate chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as as identifying potential defendants. It also requires making sure that the lawsuit is compliant with federal and state laws. regulations pertaining to asbestos litigation, such as the asbestos discovery procedures.
The most important step is to find an attorney who has experience with mesothelioma. A reputable law office will provide a no-cost consultation and will review the medical records of the client related to asbestos in order to determine whether they are eligible for an asbestos lawsuit.
The Second Case
Asbestos victims have received significant settlements in court. These awards are typically greater than the settlements offered by asbestos trust funds or mesothelioma. Asbestos sufferers have been awarded compensation for various reasons, including physical and psychological damage caused by asbestos exposure. Research has proven that asbestos workers are more likely to develop lung diseases and lung damage than those who don't work with asbestos.
In this way, a variety of law firms that had extensive experience in asbestos litigation filed massive mesothelioma lawsuits. It was a way to gain recognition and make money. This approach was not beneficial for mesothelioma patients. Many of these companies took on more cases than they could handle, and did not provide the proper medical support and representation that mesothelioma sufferers deserve.
The defendants and insurance companies also used other tactics in order to combat asbestos claims. For example the insurance industry argued that asbestos sufferers should be required to prove that the particular asbestos they were exposed to was the cause for their condition. This was an attack on the concept of joint and several liability, which allows one plaintiff to be held responsible for all damages resulting from exposure to asbestos caused by multiple defendants.
This idea was met with a fierce restraining from mesothelioma sufferers as well as their lawyers, who argued that it was unfair for asbestos sufferers to be required to prove the exact cause of their illness in order to recover damages. This could deter patients from bringing cases with legal firms that are reputable and force them to settle for less than their case is worth.
In the end, the House of Lords sided with the victims and rejected the arguments of 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 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 asbestos compensation claim to the court in 1972.
The Third Case
Asbestos lawsuits 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 is a form of cancer that affects tissues surrounding internal organs such as the lungs. The cancer can also expand to the abdominal cavity as well as the chest wall, heart, and the brain. Because the disease can take decades to manifest, victims must often live in the knowledge that their condition is fatal. Asbestos has caused financial difficulties for asbestos-related victims, who have required the sale of their homes, pay medical expenses, and make other expensive adjustments to their lives.
In recent times there have been numerous lawsuits filed by families against asbestos product suppliers and manufacturers. The law allows compensation to be sought even if the company has filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a number of these companies were forced to retire or shut down. However, there are a lot of plaintiffs who wish to sue the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases have been manipulated by certain lawyers to benefit their clients. A New York City judge recently reversed a policy that had been in place for a long time against punitive damages related to mesothelioma cases. This was done in response to an attorney for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims.
While this was only one instance, it has attracted the attention of many observers. Many believe this case is a sign of the deceitful methods that have become a regular feature in a variety of asbestos lawsuits. The corruption scandal that afflicted the former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the links between trial lawyers and politicians, which could help restore some balance to the system.
You should seek legal representation immediately if diagnosed with mesothelioma or another asbestos-related disease. The top mesothelioma attorneys will provide you with a no-cost consultation to discuss your case and determine the best course of action. Asbestos claims can take months to process, which is why you need an attorney who understands the complexities of the case and the best way to achieve results.