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Asbestos Litigation Cases - Individual Versus Class Action

In certain cases, plaintiffs prefer to file individual lawsuits over group actions. Individual lawsuits may provide more compensation for mesothelioma or other asbestos-related diseases.

Scientists have proven that exposure to asbestos can lead to lung disease and damage. Because mesothelioma sufferers have a latency period of 40-50 years, it could take long for patients to develop the illness.

The History of Asbestos Litigation

Asbestos lawsuits are among the longest-running mass torts in U.S. history. State and federal courts only began to process asbestos cases in the 1970s after medical research connected asbestos attorneys exposure with diseases such as mesothelioma and lung cancer.

Many companies that mined, made and supplied asbestos products knew of the dangers, but ignored or minimized the dangers. As a result, numerous asbestos companies filed for bankruptcy under the weight of lawsuits brought by victims and their families. Most of the companies who filed for bankruptcy created asbestos trust funds to compensate to the victims.

A small number of asbestos-related cases are tried. In these cases, judges tend be skeptical of the defenses of the defendants. They often give substantial verdicts to the victims. Asbestos lawyers have successfully pushed thousands of cases through the court process and secured significant verdicts on behalf of mesothelioma patients.

The complex nature of asbestos lawsuits can be difficult to win. In an asbestos case plaintiffs must demonstrate that their illness was directly caused by exposure to asbestos lawyer 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. The process of developing this information could take a long time especially if a victim's history of work is complicated. It could involve interviews with coworkers or family members, abatement workers, suppliers, and other people who could be involved in the case.

Expert witness testimony is needed to support claims that asbestos-related diseases have occurred. The majority of these experts are physicians with training in the pathology of asbestos-related diseases, and who have analyzed the medical records of a patient. This is especially crucial in cases of mesothelioma, which can be difficult to identify.

Defendants may also attempt to undermine experts by pointing out their credentials or qualifications. In recent times, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims are different from other types of personal injury lawsuits. Inhaling asbestos fibers can lead to mesothelioma, which is a rare illness, or other asbestos-related diseases. These types of injuries are usually caused by exposure to 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 permits the victims and their families to file a single suit against multiple defendants and receive compensation from a variety of sources of funds, which results 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 was diagnosed with mesothelioma due to asbestos dust inhalation when constructing naval vessels at Harland and Wolff Plc. The company made naval vessels for clients such as the Royal Navy.

Another early case was filed by a dock worker who was diagnosed with mesothelioma as a result of exposure to asbestos from the factories where the worker worked. The victim's wife filed a lawsuit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both made asbestos-containing valves for oil drilling rigs, industrial processes and other industrial processes.

The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals found asbestos attorneys manufacturers to be completely responsible for any workers' injuries (Borel v. Fibreboard). The decision boosted the number of asbestos-related claims, putting asbestos manufacturers on notice that they could be sued over their products.

Lawyers representing a plaintiff in a lawsuit involving asbestos must understand the complex chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as well as identifying the potential defendants. It is also essential to ensure that the lawsuit is in line with state and federal laws that relate to asbestos litigation. This includes laws that regulate asbestos disclosure procedures.

The most important step is to find an attorney who has expertise in mesothelioma. A reputable law firm will provide a no-cost consultation and review the client's medical records related to asbestos to determine eligibility for an asbestos lawsuit.

The Second Case

Asbestos victims have won significant awards at court. These awards are usually more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos sufferers have received compensation for many reasons including the psychological and physical harm caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer from lung disease and lung damage as compared to those who do not work with it.

This is why a number of law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a way to gain recognition and make money. But, this method did not serve mesothelioma sufferers well. Many of these firms were able to handle more cases than they could handle, and didn't provide the proper medical support and representation that mesothelioma sufferers deserve.

The defendants and insurers employed other strategies in order to combat asbestos claims. For instance the insurance industry argued that asbestos sufferers should be required to prove the particular asbestos they were exposed to was responsible for their condition. This was a direct challenge to the concept of joint and multiple liability, which permits one plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.

Mesothelioma patients and their attorneys were vehemently opposed to this method. They argued that it was unfair to demand asbestos victims to prove the reason for their condition before they could claim damages. Additionally, it would discourage patients from submitting claims to reputable law firms and potentially force them to settle their cases for less than they deserve.

In the end, the House of Lords sided with the victims, and rejected the insurers' arguments. The ruling did not affect the huge sums of money paid by the insurance industry to asbestos victims. This is why it is essential to select an asbestos compensation law firm that is known for its skill and expertise. Thompsons Solicitors have handled and won more asbestos compensation cases than any other UK-based law firm. We also played a role in bringing the first-ever successful asbestos compensation case to the court in 1972.

The Third Case

In contrast to most toxic tort lawsuits, asbestos cases result in extremely serious injuries to those who's lives were permanently altered by exposure to a deadly carcinogen. Mesothelioma affects tissues that surround internal organs, such as the lung. Cancer can also spread into the abdominal cavity, chest wall as well as the brain and heart. The cancer can take years to manifest, and sufferers are often forced to live with the knowledge of their death. Asbestos has caused financial difficulties for asbestos-related victims, who have had to sell their homes, pay medical expenses and make other significant modifications to their lives.

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

Many of these companies have been forced to close and retire after paying out billions in settlements to asbestos victims. There are still many plaintiffs who want to sue the remaining companies. The number of asbestos lawsuits has actually increased.

Certain cases have been manipulated by certain lawyers to gain their clients. A New York City judge recently reversed a policy that was in effect for a number of years to prevent punitive damages in relation to mesothelioma lawsuits. This was at the request of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma sufferers.

This was only one instance, but it attracted the attention of many. Many believe this case is a sign of the fraudulent tactics that have become common in a variety of asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has drawn more attention to the ties between trial lawyers and politicians, which may help restore some balance to the system.

You should seek legal counsel immediately if you have been diagnosed as having mesothelioma, or any other asbestos-related disease. The most reputable mesothelioma attorneys will offer a free consultation in order to discuss your situation with you and decide on the best way to proceed. The process of submitting an asbestos claim can take a few months, so it is essential that you engage an attorney who is familiar with the complexities involved and how to obtain results.