Asbestos Litigation Cases - Individual Versus Class Action
In some instances, plaintiffs prefer to pursue individual lawsuits rather than collective actions. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos causes lung damage and disease. It can take many years for mesothelioma sufferers to develop the disease due to its 40-50 year latency time.
Fort Collins asbestos attorneys of Asbestos Litigation
Asbestos suits are among the longest-running mass torts in U.S. History. It was not until the 1970s when federal and state courts began taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening and plaques in the pleura.
Many companies that mined, manufactured and supplied asbestos-based products were aware of the dangers, but omitted or minimized the risks. Many asbestos companies filed for bankruptcy due to the lawsuits brought by victims and their family members. The majority of the companies that filed for bankruptcy set asbestos trust funds to compensate victims.
A small number of asbestos-related cases are tried. In these cases, judges tend to be skeptical of defenses of the defendants. They are often able to award large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the trial process and obtained significant verdicts for mesothelioma victims.
However, the complexity of an asbestos lawsuit can make it difficult to be successful. In a lawsuit involving asbestos, plaintiffs must prove their illness is caused directly by a company's exposure to the dangerous substance. This requires a database that connects workers, their workplaces, their employers, the products they used, and their suppliers and vendors. The process of developing this information could take a long time particularly if the victim's employment history is complex. It could involve interviews with coworkers relatives, abatement workers, suppliers, and other parties that might be responsible.
The evidence in an asbestos case requires expert witness testimony to support claims of asbestos-related illness. Often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases and who have analyzed an individual's medical records. This is particularly important in cases of mesothelioma, which is a difficult disease to identify.
Defendants may also attempt to discredit experts by arguing their backgrounds or professional qualifications. This is a troubling trend that has been observed in recent years, as defendants are increasingly challenging the global scientific consensus that asbestos is the cause of mesothelioma and other illnesses.
The First Case
Asbestos claims differ from other personal injury claims. The lawsuits involve an uncommon illness that is caused by inhaling the microscopic fibers and subsequently developing mesothelioma, or another asbestos-related disease. These kinds of injuries are typically caused by exposure to certain job sites, including 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 individually. This permits victims and their families to file a single suit against multiple defendants and receive compensation from multiple sources of funds, resulting in lower legal costs.
The first mesothelioma claim was filed in 1927 by a seaman who had been exposed to asbestos while working on a British ship. The victim developed mesothelioma as a result of asbestos dust inhalation during the construction of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients like the Royal Navy.
A dock worker filed a lawsuit in the early 1990s, after developing mesothelioma from exposure to asbestos emitted by the factories in which he worked. The victim's widow filed a lawsuit against five companies, including Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs as well as other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any workers' injuries (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were warned that they could face litigation for their products.
Lawyers for the plaintiff in a lawsuit involving asbestos need to comprehend the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses and identifying potential defendants. It is also essential to ensure that the lawsuit is in line with federal and state laws that relate to asbestos litigation. This includes laws that regulate asbestos disclosure procedures.
The most important thing to do is to find an attorney with experience with mesothelioma. A reputable law office will provide a no-cost consultation and review the client's medical records relating to asbestos in order to determine whether they are eligible for an asbestos lawsuit.
The Second Case
Asbestos victims have won significant awards at court. These awards are typically greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have received compensation for many reasons including the physical and psychological damages caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer from lung diseases and lung damage as compared to those who do not work with it.
In this way, a variety of law firms with years of experience in asbestos litigation filed large volumes of mesothelioma cases. This was a way for firms to earn money and earn recognition for their skills. But, this method did not work for mesothelioma sufferers well. These firms took on many more cases than they could handle and didn't provide the medical assistance and representation that patients suffering from mesothelioma deserve.
The defendants and insurance companies also used other tactics in order to combat asbestos claims. The insurance industry, for instance, argued that asbestos victims should be required to show that the asbestos to which they were exposed to was responsible for their health. This was an attack on the principle of joint and multiple liability, which permits one plaintiff to be held accountable for all damages that result from exposure to asbestos caused by multiple defendants.
This strategy was met with a spirited opposition from mesothelioma patients and their lawyers, who argued that it would be unfair for asbestos patients to be required to prove the cause of their illness to be able to claim damages. Additionally, it could discourage patients from submitting claims to reputable law firms and potentially force them to settle their cases at a lower price than they should.
In the final decision, the House of Lords sided with the victims, and dismissed the arguments of insurers. The ruling did not affect the large sums of money that insurance companies pay to asbestos victims. This is why it is crucial to choose an asbestos compensation law firm that is well-known for its expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case.
The Third Case
In contrast to most toxic tort lawsuits, asbestos cases result in severe injuries to people who's lives were permanently altered by exposure to a deadly carcinogen. Mesothelioma is a cancer of the tissues around internal organs, like the lung. The cancer may also expand to the abdominal cavity, chest wall, heart, and the brain. Because the disease may be a long time to manifest, patients must often live in the knowledge that their condition is end-of-life. Many of those who have been affected by asbestos have suffered a great deal of financial hardship because they've been forced to sell their homes and medical bills and make other costly adjustments to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos product manufacturers and suppliers. This is because the law allows people to seek compensation for their losses even after their companies have filed for bankruptcy.
Many of these firms have been forced to close and retire after paying out billions in settlements to asbestos victims. There are still a lot of plaintiffs who want to pursue the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases are being used to benefit certain lawyers and their clients. For instance, a judge in New York City recently made a ruling that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was done on the advice of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients.
It was only one instance, but it attracted the attention of many. Many people think the case is an indicator of the unsavory practices that are typical in asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial lawyers and politicians. This could help bring some balance to the system.
If you've been diagnosed with mesothelioma or another asbestos-related illness, there is no time to lose in seeking legal advice. The top mesothelioma attorneys will give you a no-cost consultation to discuss your situation and determine the best way to proceed. Asbestos claims can take months to process, which is why you need a lawyer who is knowledgeable about the complexities and how to get results.