Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs choose to file individual lawsuits instead of group actions. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proven that exposure to asbestos can cause lung damage and causes disease. Since mesothelioma is a disease with a latency time of 40-50 years, it can take a long time for victims to develop the disease.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass tort in U.S. history. Federal and state courts first began to handle asbestos cases in the 1970s following research that linked asbestos exposure with illnesses like mesothelioma or lung cancer.
Many companies that mined asbestos, made asbestos products, and then sold them knew the dangers but downplayed or ignored them. In the end, a number of asbestos companies went bankrupt due to lawsuits filed by families of victims. Most of the companies who filed for bankruptcy set up asbestos trust funds as compensation to victims.
A few asbestos-related cases are heard. If this happens, judges are often skeptical of defendants' arguments and often award large verdicts for victims. Asbestos lawyers have successfully navigated thousands of cases through the trial process and obtained significant verdicts for mesothelioma sufferers.
However, the complexity of a case involving asbestos can make it difficult to win. In a case involving asbestos plaintiffs must prove that their illness was directly triggered through exposure to asbestos by the company. This requires a database that connects workers, their work sites as well as their employers, the products they used and their suppliers and vendors. The process of creating this information can take years, especially when a victim's work history is complicated. It may involve interviewing co-workers or family members as well as abatement workers, suppliers, and other parties that could potentially be responsible.
Expert witness testimony is needed to support claims that asbestos-related illnesses have occurred. These expert witnesses are often doctors who have completed training in the pathology and diagnosis of asbestos-related illnesses, and have reviewed the medical records of patients. This is particularly important in the case of mesothelioma which can be difficult to diagnose.
Defense lawyers can also attempt to discredit experts based on their credentials or background. In recent times, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits are distinct from other types of personal injury lawsuits. Asbestos fibers inhalation can cause a rare disease called mesothelioma or other asbestos-related diseases. These types of injuries are typically caused by exposure at certain work sites, such as shipyards, power plants and construction projects.
Asbestos lawsuits are filed in a group-wide manner and not in a single instance. This permits the victims and their families to file a single complaint against multiple defendants and receive compensation from multiple sources of funds, which results in lower legal fees.
A man who was exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma following inhaling asbestos particles emitted during the fabrication of ships at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.
Another case that was filed by a dock worker who developed mesothelioma as a result of exposure to asbestos from the factories in which he worked. The victim's widow filed a lawsuit against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes.
Other cases were followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries suffered by workers (Borel v. Fibreboard). The decision led to an increase in asbestos-related lawsuits. As well, asbestos manufacturers were put on notice that they could be sued for their products.
Lawyers representing the plaintiff in an asbestos lawsuit have to be aware of the complex chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis, as well as identifying the potential defendants. It is also essential to ensure that the lawsuit is compliant with federal and state laws that pertain to asbestos litigation. This includes laws that govern asbestos disclosure procedures.
One of the most crucial steps is to choose an attorney who is specialized in mesothelioma cases. A reputable law firm will offer a free consult and examine the medical records of the client related to asbestos in order to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos patients have received substantial awards in the courts, which are usually more than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for a variety of reasons, including the physical and psychological damages caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to suffer lung damage and disease than those who did not work with it.
As a result, a number of law firms that had extensive experience in asbestos litigation filed massive mesothelioma cases in large numbers. This was a method for firms to earn a profit and gain recognition for their expertise. But, this method did not work for mesothelioma sufferers well. Many of these firms were able to handle more cases than they could handle and didn't offer the appropriate medical support and representation that mesothelioma patients deserve.
The defendants and insurance companies have also employed other strategies to combat asbestos claims. The insurance industry, for instance, believed that asbestos victims must show that the asbestos to which they were exposed to was responsible for their health. asbestos defense litigation was a direct assault on the concept of joint-and-several liability, which permits a plaintiff to be held liable for all damages that result from asbestos exposure by multiple defendants.
This strategy was met with a fierce restraining from mesothelioma sufferers and their lawyers, who argued that it was unfair for asbestos victims to be required to prove the cause of their illness to recover damages. This could also deter victims from bringing cases with legal firms that are reputable and force them to settle for less than their case is worth.
The House of Lords ultimately sided with the victims and rejected arguments of the insurers. This ruling did not impact the huge sums of money that insurance companies pay to asbestos victims. It is essential to choose 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 responsible in 1972 for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases result in very serious injuries to people who's lives were permanently altered due to exposure to a dangerous carcinogen. Mesothelioma affects tissues that surround internal organs, like the lung. The cancer may also spread to the abdominal cavity, chest wall, heart and even the brain. Since the disease can be a long time to manifest, victims must often live knowing that their condition is end-of-life. Asbestos has caused financial hardship for many asbestos victims who had to sell their homes, pay for medical expenses, and make other expensive adjustments to their lives.
In recent years however there have been numerous lawsuits filed by families against asbestos-related companies and suppliers. The law permits compensation to be sought even when the company has filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a lot of these companies were forced to retire or shut down. There are still many plaintiffs who wish to sue the remaining companies. The number of asbestos claims has actually increased.
Certain cases have been manipulated by certain attorneys to gain their clients. For example a judge in New York City recently made an order that reverses the long-standing policy against mesothelioma lawsuits involving punitive damages. 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.
This was only one instance, but it caught the attention of many. Many believe the case is an indication of the shady tactics that have become common in a variety of asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver brought more attention to the ties between trial attorneys and politicians. This could help create some balance in the system.
You should seek legal representation immediately if you have been diagnosed as having mesothelioma, or any other 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, so you require an attorney who is knowledgeable about the complexities and how to get results.