10 Facts About Asbestos Litigation Cases That Will Instantly Make You Feel Good Mood
Asbestos Litigation Cases - Individual Versus Class Action
In some cases plaintiffs would prefer to file individual lawsuits instead of group actions. Individual lawsuits could provide greater compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proven that exposure to asbestos causes lung damage and disease. Since mesothelioma is a disease with a latency time of 40-50 years, it could take long for patients to develop the illness.
The History of Asbestos Litigation
Asbestos lawsuits are the longest-running mass tort in U.S. history. It was not until the 1970s when federal and state courts started processing asbestos cases, after medical research linked exposure to asbestos with various illnesses, including mesothelioma, lung cancer, and other diseases such as asbestosis, pleural thickening and plaques in the pleura.
Many companies that mined, produced and sold asbestos products were aware of the dangers, but ignored or downplayed these dangers. Many asbestos-related companies declared bankruptcy due to the lawsuits filed by victims and their family members. Most of the companies who filed for bankruptcy created asbestos trust funds to pay compensation to the victims.
A small percentage of asbestos-related cases are tried. In these cases, judges tend be skeptical of defense arguments of the defendants. They will often give large verdicts to victims. Asbestos lawyers have successfully moved thousands cases through the court process and obtained significant verdicts for mesothelioma patients.
The complexity of asbestos cases makes it difficult to win. In an asbestos-related case plaintiffs must prove that their condition was directly triggered by exposure to asbestos in the workplace. This requires a thorough database linking workers, their job sites as well as their employer's names, products they used, suppliers and vendors. The process of developing this information could take a long time particularly if the victim's employment history is complex. Interviewing family members and coworkers as well as abatement employees, suppliers, and other people who might be responsible could be required.
The evidence in an asbestos case requires expert witness testimony to back the claims of an asbestos-related disease. These experts are usually doctors who have been trained in the diagnosis and pathology of asbestos-related diseases, and have analyzed the medical records of a patient. This is particularly important for mesothelioma cases, which is a difficult disease to diagnose.
Defense lawyers may also seek to discredit experts by attacking their background or their professional qualifications. In recent years, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos cases are unique from other personal injury lawsuits. Inhaling asbestos fibers can cause mesothelioma, which is a rare illness or other asbestos-related illnesses. These types of injuries are usually caused by exposure at certain workplaces, including power plants, shipyards and construction projects.
Contrary to other forms of civil litigation asbestos lawsuits are filed on a group-wide basis rather than separately. This allows victims to bring an action against several defendants and receive compensation from various sources.
A seamstress exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma from asbestos particles inhaled when constructing naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients, including the Royal Navy.
Another early case was filed by a dock worker who was diagnosed with mesothelioma after exposure to asbestos from the factories in which 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 produced valves containing asbestos for oil rigs, industrial processes, and other industrial processes.
Other cases followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly responsible (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related claims. It also put asbestos manufacturers on notice that they would be sued for their products.
Lawyers representing a plaintiff in an asbestos lawsuit need to understand the complicated chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as well in identifying the potential defendants. It also requires ensuring that the lawsuit complies with state laws and federal regulations that govern asbestos litigation, such as the ones that govern asbestos discovery procedures.
One of the most crucial steps is choosing an attorney who is specialized in mesothelioma cases. A reputable law firm will provide a no-cost consultation 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 higher than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for many reasons, including the psychological and physical harm caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer lung disease and lung damage than those who don't work with it.
This is why a number of law firms with extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a method to be recognized and earn money. But, this method did not benefit mesothelioma patients well. These firms took on many more cases than they could handle and didn't provide the medical assistance and representation that mesothelioma sufferers need.
The defendants and insurance companies employed other strategies in order to combat asbestos claims. The insurance industry, for example, argued that asbestos victims should be required to prove that the asbestos they were exposed to was the cause for their health. This was a direct assault on the concept of joint-and-several liability, which permits a plaintiff to be held responsible for all damages resulting from asbestos exposure by multiple defendants.
Mesothelioma patients as well as their attorneys were strongly opposed to this method. They claimed that it was unfair to demand asbestos patients to prove the root reason for their condition before they could claim damages. This would also discourage victims from bringing cases with reputable law offices and make them settle for less than the case is worth.
In the final decision the House of Lords sided with the victims and rejected the arguments of insurers. However, this decision did not affect the large sums of money paid to asbestos victims by the insurance industry. This is why it is essential to choose an asbestos compensation law firm that is well-known for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. Redlands asbestos lawsuits were also responsible in 1972 for bringing to court the first successful asbestos compensation case.
The Third Case
Asbestos cases are different from other toxic tort cases because they result in serious injuries that have permanently changed the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a type of cancer that affects the tissues surrounding internal organs such as the lungs. The cancer may also spread to the abdominal cavity and chest wall, heart, and the brain. Since the disease can take decades to manifest, sufferers have to live in the knowledge that their condition is terminal. Many who have been affected by asbestos have experienced an immense amount of financial hardship as they have been forced to sell homes, pay medical bills, and make other costly changes to their lives.
In recent times, many families have sued asbestos product manufacturers and suppliers. The law permits compensation to be sought even when the company has filed for bankruptcy.
Many of these companies have been forced to close and retire after paying billions in settlements to asbestos victims. There are still many plaintiffs who wish to pursue the remaining companies. In fact the number of new asbestos lawsuits has risen.
Certain cases are being used to benefit specific lawyers and their clients. For example a judge from New York City recently made an order that reverses a longstanding policy against mesothelioma lawsuits involving punitive damages. This was on the advice of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma sufferers.
It was only one instance, but it attracted the attention of a lot. Many believe that the case is an indicator of the deceitful methods that have become a regular feature 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 lawyers and politicians. This could help bring some stability to the system.
You should seek legal representation immediately if you've been diagnosed as having mesothelioma, or any other asbestos-related disease. The most reputable mesothelioma attorneys will offer a no-cost consultation in order to discuss your case with you and determine the best way to proceed. The process of submitting an asbestos claim can take a few months, therefore it is essential that you engage an attorney who understands the complexities involved and how to get results.