10 Fundamentals About Asbestos Litigation Cases You Didn't Learn At School
who asbestos litigation deal - Individual Versus Class Action
In some instances plaintiffs would prefer to file individual lawsuits over group actions. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proven that asbestos exposure causes lung damage and disease. Since mesothelioma is a disease with an estimated latency of 40-50 years, it could take a long time for victims to develop their illness.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass tort in U.S. history. State and federal courts first began to handle asbestos cases in the 1970s after medical research connected asbestos exposure to diseases such as mesothelioma and lung cancer.
Many companies that mined asbestos, manufactured asbestos products, and supplied them knew the dangers but downplayed or ignored them. Many asbestos-related companies declared bankruptcy due to the lawsuits brought by the victims and their family members. The majority of companies who filed for bankruptcy put asbestos trust funds in order to pay victims.
While the vast majority of asbestos-related lawsuits settle out of court, a tiny percentage of cases are brought to trial. If this happens, judges are often skeptical of defenses and may award substantial verdicts to the victims. Asbestos lawyers have successfully pushed thousands of cases through the court process and obtained significant verdicts for mesothelioma patients.
The complexity of asbestos cases makes it difficult to win. In a lawsuit involving asbestos, plaintiffs must prove their illness was caused through exposure to asbestos, a dangerous substance. This requires a database that links workers, their work sites, their employers, the products they used and their suppliers and vendors. The process of creating this data can take years especially if a victim's history of work is complicated. Interviewing family members and coworkers Abatement employees suppliers, as well as other parties who could be responsible may be necessary.
Expert witness testimony is also required to prove that asbestos-related illnesses have occurred. These experts are usually physicians who have received training in the pathology and diagnosis of asbestos-related illnesses, and have reviewed the medical records of a patient. This is particularly important for mesothelioma cases, which can be difficult to identify.
The defendants may also try to discredit experts by attacking their credentials or qualifications. In recent years defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos.
The First Case
Asbestos cases are unique from other types of personal injury claims. Asbestos fibers inhalation can cause mesothelioma, a rare condition or other asbestos-related diseases. These kinds of injuries are usually caused by exposure to certain work sites, such as power plants, shipyards and construction projects.
Asbestos lawsuits are filed in a class-wide manner, not individually. This permits plaintiffs to bring a lawsuit against multiple defendants, and receive compensation from various sources.
A man who was exposed to asbestos on an British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma after inhaling asbestos particles emitted during the construction of ships at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients.
A dock worker filed a claim in the early 1990s, after developing mesothelioma from exposure to asbestos released by the factories where he was employed. The widow of the victim filed an action against five companies, including Union Carbide and Montello Inc., who both 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 injuries to workers (Borel v. Fibreboard). The decision boosted the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they might be sued for their products.
Lawyers representing plaintiffs in a lawsuit that involves asbestos must understand the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses, and identifying potential defendants. It is also about ensuring that the lawsuit complies with state laws and federal regulations pertaining to asbestos litigation, including the ones that govern asbestos discovery procedures.
The most important step is to find an attorney who has expertise in mesothelioma. A reputable law firm will offer a free consult and will review the client's medical records related to asbestos to determine eligibility for a asbestos lawsuit.
The Second Case
Asbestos victims have received significant awards at court. These awards are often more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos sufferers have received compensation 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 have lung damage and disease than those who did not work with it.
In this way, a variety of law firms with vast experience in asbestos litigation filed huge mesothelioma lawsuits. This was a method for firms to earn money and be recognized for their expertise. However, this approach did not work for mesothelioma sufferers well. The firms were able to take on more cases than they could manage and did not provide the medical assistance and representation mesothelioma sufferers deserve.
The defendants and insurers have also employed other strategies to stop asbestos claims. The insurance industry, for example, argued that asbestos victims should be required demonstrate that the asbestos they were exposed to was the cause for their health. This was a direct challenge to the principle of joint and several liability, which permits one plaintiff to be held accountable for all damages resulting from exposure to asbestos caused by multiple defendants.
Mesothelioma patients and their attorneys were vehemently against this strategy. They argued that it was unfair to require asbestos victims to prove the reason for their condition before they could claim damages. In addition, it would dissuade people from filing claims with legal firms that are reputable and make them settle their cases for less than they deserve.
The House of Lords ultimately sided with the victims and rejected 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 crucial to choose an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos compensation cases than any other UK-based law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases can result in very serious injuries to people who's lives were permanently altered due to exposure to a dangerous carcinogen. Mesothelioma is a cancer of the tissues around internal organs, like the lungs. The cancer can also spread to the abdominal cavity, chest wall as well as the brain and heart. The disease can take years to develop and victims are often forced to endure the knowledge of their terminal condition. Many of those who have been affected by asbestos have endured many financial hardship, as they have been forced to sell homes, pay medical bills, and make other expensive adjustments to their lives.
In recent years, however, many mesothelioma patients' families have resorted to suing suppliers and manufacturers of asbestos products. This is because the law permits people to seek compensation for damages even after their businesses have filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a lot of these businesses were forced to close or shut down. But there's still a large number of plaintiffs looking to sue the remaining companies. The number of asbestos-related lawsuits has actually increased.
Some of these cases have been manipulated by certain attorneys to benefit their clients. For example, a judge in New York City recently made a ruling that reversed the long-standing policy against mesothelioma lawsuits that award punitive damages. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
It was only one instance, but it drew the attention of a lot. Many believe this case is an indication of the fraudulent practices that are common in asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the connections between trial lawyers and politicians, which may help restore some balance to the system.
If you have been diagnosed with mesothelioma or an asbestos-related illness, there is no time to waste in seeking legal representation. The top mesothelioma attorneys will provide you with a no-cost consultation to discuss your situation and determine the best path to take. The process of submitting an asbestos claim can take several months, therefore it is vital to work with an attorney who understands the intricacies involved and knows how to get results.