Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are seeking individual lawsuits rather than a class action. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related diseases.
Scientists have proved that asbestos exposure can cause lung disease and damage. It could take a long time for mesothelioma patients to develop the disease due to the 40-50 year time frame of latency.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. It wasn't until the 1970s that federal and state courts started processing asbestos cases, after medical research found links between exposure to asbestos and various diseases including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening and plaques of the pleura.
Many companies that mined asbestos, made asbestos products, and supplied asbestos products were aware of the dangers, but downplayed or ignored them. Many asbestos companies filed for bankruptcy because of the lawsuits brought by the victims and their family members. Most of the companies who declared bankruptcy had asbestos trust funds to pay compensation to victims.
While the majority of asbestos-related lawsuits settle out of court, a small percentage of cases are brought to trial. When this happens judges are usually skeptical of defenses and will award large verdicts to the victims. Asbestos lawyers have been able to successfully move thousands cases through the court system and secured significant verdicts for mesothelioma patients.
The complexity of asbestos cases makes it difficult to win. In a lawsuit for asbestos, plaintiffs must prove their illness is directly caused by a company's exposure to the hazardous substance. This requires a thorough database linking workers, their work sites, their employer's names, the products they used, their suppliers and vendors. This process could take several years, especially if a victim's employment history is complicated. It could involve interviews with coworkers, family members, abatement workers, suppliers, and other parties that could be involved in the case.
Expert witness testimony is also needed to support claims that asbestos-related illnesses have been a factor. These expert witnesses are often doctors who have been trained in the diagnosis and pathology of asbestos-related diseases and have reviewed the medical records of patients. This is especially important in cases of mesothelioma, which is a difficult disease to diagnose.
Defendants may also attempt to discredit experts by arguing their credentials or qualifications. This is a worrying trend that has been noticed in recent years, as defendants are increasingly challenging the world-wide scientific consensus that asbestos causes mesothelioma as well as other diseases.
The First Case
Asbestos lawsuits are distinct from other types of personal injury lawsuits. Inhaling asbestos fibers can lead to a rare disease called mesothelioma, or other asbestos-related diseases. These types of injuries are usually caused by exposure to certain job sites, including power plants, shipyards and construction projects.
Unlike some other types of civil litigation asbestos lawsuits are filed on a group-wide basis rather than separately. This permits the victims and their families to file a single lawsuit 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 the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma due to asbestos particles inhaled when constructing naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients like the Royal Navy.
Another case that was filed by an employee at the dock who contracted mesothelioma after exposure to asbestos emitted from the factories in which he worked. The victim's widow filed a lawsuit against five companies that included Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly responsible (Borel v. Fibreboard) for any injuries to workers. The decision increased the volume of asbestos-related claims. It also put 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 involves establishing the victim's exposure and mesothelioma diagnosis, as in identifying the potential defendants. It also requires 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 office will offer a free consult and examine the medical records of the client related to asbestos in order to determine eligibility for a asbestos lawsuit.
The Second Case
Asbestos sufferers have gotten significant awards at court. These awards are typically higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have received compensation for many reasons, including the psychological and physical harm caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer from lung disease and lung damage than those who don't work with it.
In this way, a variety of law firms with years of experience in asbestos litigation filed huge mesothelioma cases in large numbers. It was a way to be recognized and earn money. However, this strategy did not work for mesothelioma sufferers well. Many of these companies had more cases than they could handle and didn't offer the necessary medical support or representation that mesothelioma patients deserve.
The defendants and insurance companies have also used other tactics to combat asbestos claims. For example the insurance industry argued that asbestos sufferers should be required to prove that the specific asbestos they were exposed to was the cause for their illness. This was a direct attack on the principle of joint-and-several liability, which allows a plaintiff to be held responsible for all damages resulting from asbestos exposure by multiple defendants.
This approach was met with fierce opposition from mesothelioma patients and their lawyers, who argued that it would be unfair for asbestos sufferers to have to prove the root of their condition in order to claim damages. This would also discourage victims from bringing lawsuits against reputable law offices and force them to accept less than what their 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 massive amounts of money that was given to asbestos victims by the insurance industry. It is crucial to select an asbestos compensation firm that has a reputation for 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 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 forever affected the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a form of cancer that affects the tissues surrounding internal organs such as the lungs. Cancer can also spread into the abdominal cavity, chest wall and even the brain. Because the disease can take years to manifest, patients are often faced with the knowledge that their condition is terminal. Asbestos has caused financial hardship for asbestos-related victims who had to sell their homes, pay medical bills, and make other expensive modifications to their lives.
In recent years, however many families of mesothelioma victims have resorted to suing manufacturers and suppliers of asbestos products. This is because the law permits individuals to seek compensation for their losses even after their companies have filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, a lot of these companies were forced to retire or shut down. There are still a lot of plaintiffs seeking to sue the remaining companies. The number of asbestos-related lawsuits has actually increased.
Certain cases are being used to benefit certain attorneys and their clients. For instance a judge in New York City recently made an order that reverses a longstanding policy against mesothelioma lawsuits that award punitive damages. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
This was a single instance, but it drew the attention of a lot. Many believe the case is a good indicator of the shady practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial lawyers and politicians. This may help to create some balance in the system.
asbestos litigation defense should seek legal counsel immediately if you've been diagnosed as having mesothelioma, or any other asbestos-related disease. The best mesothelioma lawyers will give you a no-cost consultation to talk about your case and determine the best way to proceed. Asbestos claims can take several months to process, so you need a lawyer who is knowledgeable about the complexities and how to get results.