10 Meetups On Asbestos Litigation Cases You Should Attend
Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs choose to file individual lawsuits over collective actions. Individual lawsuits could provide greater compensation for injuries caused by asbestos and mesothelioma.
Scientists have proven that exposure to asbestos causes lung damage and diseases. Since mesothelioma is a disease with an estimated latency of 40-50 years, it could take long for patients to develop their illness.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. State and federal courts began processing asbestos cases in the 1970s following research that linked asbestos exposure with diseases such as mesothelioma and lung cancer.
Many companies that mined, made and supplied asbestos-based products were aware of the dangers but omitted or hid from these risks. Many asbestos companies declared bankruptcy due to the lawsuits filed by victims and family members. The majority of companies that filed for bankruptcy set up asbestos trust funds to compensate victims.
A few asbestos-related cases are heard. In these cases, judges tend be skeptical of the defense arguments of the defendants. They are often able to give large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the court system and secured significant verdicts on behalf of mesothelioma patients.
The complex nature of asbestos lawsuits makes it difficult to win. In an asbestos lawsuit, plaintiffs must prove their illness is directly caused by exposure to asbestos, a dangerous substance. This is a requirement for a database that ties workers, their work locations and employers, as well as the products they used, and their suppliers and vendors. The process of creating this information can take years particularly if the victim's employment history is complex. Interviewing family members and coworkers as well as abatement employees suppliers, as well as other parties who might be responsible could be necessary.
The evidence in an asbestos case requires expert witness testimony to back claims of asbestos-related illness. Often, these expert witnesses are physicians with training in the asbestos-related pathologies and who have reviewed 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 undermine experts by pointing out their credentials or qualifications. In recent time, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits are distinct from other personal injury claims. The lawsuits are based on a rare illness that's caused by inhaling the microscopic fibers and subsequently developing mesothelioma or a different asbestos-related disease. These types of injuries are typically caused by exposure at certain work sites, such as power plants, shipyards, and construction projects.
In contrast to other types of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than individually. This permits plaintiffs to file an action against several defendants and receive compensation from various sources.
The first mesothelioma lawsuit was filed in 1927 by a seaman who was exposed to asbestos while working on an British ship. The victim contracted mesothelioma after breathing asbestos particles that were released during the fabrication of 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 claim in the early 1990s after developing mesothelioma from exposure to asbestos released by factories where he was employed. The victim's widow 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 found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits, and asbestos manufacturers were warned that they could be sued for their products.
Lawyers representing a plaintiff in a lawsuit involving asbestos must understand the complex chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as as identifying potential defendants. It is also crucial to ensure that the lawsuit is compliant with the federal and state laws that pertain to asbestos litigation. This includes the laws that regulate asbestos disclosure procedures.
One of the most crucial steps is to choose an attorney who specializes in mesothelioma lawsuits. A reputable law firm will offer free consultation and a review of the client's asbestos-related medical records to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos patients have received substantial settlements in court, and these are often higher than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for various reasons that include the psychological and physical damage caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to develop lung diseases and lung damage as compared to those who do not work with it.
This is why a number of law firms with extensive experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This was a method for firms to earn money and gain recognition for their expertise. But, this method did not work for mesothelioma sufferers well. The firms were able to take on 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 have also employed other strategies in order to combat asbestos claims. Insurance companies, for example, argued that asbestos victims should be required to prove that the asbestos they were exposed was responsible for their illness. This was an open challenge to the concept of joint and multiple liability, which allows a single plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants.
Mesothelioma patients and their lawyers were vehemently opposed to this method. They claimed that it was unfair to demand asbestos victims to prove the cause for their illness before they can claim damages. This could deter patients from filing lawsuits with legal firms that are reputable and make them accept less than what their case is worth.
In the final decision, the House of Lords sided with the victims, and dismissed the arguments of insurers. The decision did not affect the massive sums paid by the insurance industry to asbestos victims. This is why it is crucial to select an asbestos compensation law firm that is renowned for its skill and expertise. Thompsons Solicitors have handled and won more asbestos compensation cases than any other 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 differ from the majority of toxic tort suits because they involve serious injuries that have permanently changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma affects the tissues surrounding organs inside, including the lung. The cancer can also expand to the abdominal cavity as well as the chest wall, heart, and brain. Because the disease can take decades to manifest, patients must often live with the knowledge that their condition is fatal. Asbestos has caused financial difficulties for asbestos-related victims who have required the sale of their homes, pay for medical expenses, and make other expensive changes to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos product manufacturers and suppliers. The law allows compensation to be sought even if a company has filed for bankruptcy.
After paying billions of dollars in settlements for asbestos victims, a lot of these companies were forced to retire or close. There are Minneapolis asbestos lawyer seeking to sue the remaining companies. In fact the number of asbestos claims has increased.
Certain cases are being manipulated to benefit certain lawyers and their clients. For example, a judge in New York City recently made an order that reverses the long-standing policy against mesothelioma lawsuits involving punitive damages. This was done on the advice of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims.
Although this was a single instance, it has drew the attention of many observers. Many believe that the case is a good indicator of the shady practices that are typical in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which could help restore some balance to the system.
It is important to seek legal advice immediately if you've been diagnosed as having mesothelioma, or another asbestos-related disease. The best mesothelioma attorneys will offer a free consultation to discuss your situation with you and determine the best strategy for you. The process of submitting an asbestos claim can take several months, therefore it is crucial to choose an attorney who understands the intricacies involved and knows how to obtain results.