20 Resources That Will Make You More Efficient At Asbestos Litigation Cases

Asbestos Litigation Cases - Individual Versus Class Action

In some cases, plaintiffs prefer to pursue individual lawsuits rather than group actions. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related injuries.

Scientists have proved that asbestos exposure can cause lung damage and cause lung disease. It can take many years for mesothelioma victims to develop the disease because of the 40-50 year time frame of latency.

The History of Asbestos Litigation

asbestos lawyer suits are the longest-running mass tort in U.S. history. The federal and state 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, made asbestos products, and then sold asbestos products were aware of the dangers, but downplayed or ignored them. In the end, a number of asbestos companies filed for bankruptcy under the weight of lawsuits brought by the families of victims. Most of the companies who filed for bankruptcy created asbestos trust funds as compensation to the victims.

A few asbestos-related cases are heard. 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 pushed thousands of cases through the court system and obtained significant verdicts on behalf of mesothelioma patients.

The complexity of an asbestos case is what 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 dangerous substance. This is a requirement for a database that ties workers, their work sites and employers, as well as the products they used and their suppliers and vendors. This process can take many years, especially if the victim's work history is complex. It could involve a thorough interview with coworkers or family members as well as abatement workers, suppliers, and other parties that might be responsible.

The evidence in an asbestos case requires expert witness testimony to support claims of an asbestos-related illness. Most often, these expert witnesses are doctors who have been trained in the asbestos-related pathologies and who have analyzed the medical records of a patient. This is particularly important in the case of mesothelioma which can be difficult to identify.

Defense lawyers can also attempt to discredit experts by pointing out their background or qualifications. In recent time, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos.

The First Case

Asbestos claims are different from other personal injury claims. The lawsuits are based on an uncommon disease that's caused by inhaling the microscopic fibers and subsequently developing mesothelioma or another asbestos-related disease. These injuries usually result by exposure to asbestos at certain work sites, such as power stations, 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 to bring a lawsuit against multiple defendants and receive compensation from a variety of sources.

A seaman exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma after inhaling asbestos particles emitted when constructing ships at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.

A dock worker filed a lawsuit in the early 1990s following suffering from mesothelioma after exposure to asbestos released by the factories he worked in. The victim's spouse filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil drilling rigs, industrial processes and other industrial processes.

Other cases followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly liable (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of 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 need to be aware of the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses and identifying potential defendants. It is also crucial to ensure that the lawsuit is in line with state and federal laws that are relevant to asbestos litigation. This includes laws which govern asbestos disclosure procedures.

The most important thing to do is to locate an attorney who has experience in mesothelioma. A reputable law firm will offer a free consultation and review the client's asbestos-related medical records to determine if they are eligible for an asbestos lawsuit.

The Second Case

Asbestos patients have received substantial awards in court, and these are often higher than what they would receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons including the physical and psychological damages caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung diseases and lung damage than those who do not work with asbestos.

In this way, a variety of law firms that had extensive experience in asbestos litigation filed large mesothelioma lawsuits. This allowed firms to earn a profit and earn recognition for their expertise. This strategy was not beneficial to mesothelioma sufferers. Many of these companies were able to handle more cases than they could handle and didn't offer the necessary medical support or representation that mesothelioma patients deserve.

Insurance companies and defendants also used other tactics in order to combat asbestos claims. For example the insurance industry argued that asbestos sufferers should be required to prove the specific asbestos they were exposed to was the cause for their illness. This was an open challenge to the concept of joint and several liability, which permits one plaintiff to be held liable for all damages that result from exposure to asbestos caused by multiple defendants.

This idea was met with fierce opposition from mesothelioma sufferers and their lawyers, who claimed that it was unfair for asbestos victims to have to prove the exact cause of their illness in order to be able to claim damages. This could also deter victims from bringing lawsuits against reliable law firms and make them settle for less than the case is worth.

In the final decision the House of Lords sided with the victims, and dismissed the insurers' arguments. The ruling did not affect the huge sums of money that insurance companies pay to asbestos victims. This is why it is important to choose an asbestos compensation law firm that is well-known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. We were also responsible in 1972 for bringing before the court the first asbestos compensation case that was successful.

The Third Case

Asbestos cases are different from the majority of toxic tort suits because they involve serious injuries that have irrevocably affected the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a kind of cancer that affects tissues surrounding internal organs, such as the lung. It can also spread to the chest wall, abdominal cavity as well as the brain and heart. Because the disease may be a long time to manifest, sufferers must often live in the knowledge that their condition is terminal. Asbestos has caused financial difficulties for asbestos Lawyer-related victims, who have been forced to sell their homes, pay medical bills and make other costly changes to their lives.

In recent years however numerous families have filed lawsuits against asbestos product suppliers and manufacturers. The law allows for compensation to be sought even if a company has filed for bankruptcy.

After paying billions of dollars in settlements for asbestos victims, many of these companies were forced to retire or shut down. There are still many plaintiffs who wish to pursue the remaining companies. The number of asbestos lawsuits has actually increased.

Certain cases are being used to benefit specific lawyers and their clients. A New York City judge recently changed a rule that was in place for many years against punitive damages related to mesothelioma cases. This was in response to a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma sufferers.

While this was only one case, it has drawn the attention of a lot of observers. Many people think the case is an indication of the fraudulent practices that are common in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver attracted more attention to the ties between trial lawyers and politicians. This may help to bring some stability to the system.

You should seek legal representation immediately if you have been diagnosed as having mesothelioma, or any other asbestos-related disease. The most reputable mesothelioma lawyers will give you a no-cost consultation to talk about your case and determine the best way to proceed. The process of filing an asbestos claim can take several months, which is why it is crucial to choose an attorney who understands the complexities involved and knows how to achieve results.