How Asbestos Litigation Cases Changed Over Time Evolution Of Asbestos Litigation Cases
Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs choose to file individual lawsuits over class actions. Individual lawsuits can offer greater compensation for mesothelioma and other asbestos-related injuries.
Scientists have proved that asbestos exposure can cause lung disease and damage. Because mesothelioma sufferers have a latency period of 40-50 years, it can take an extended time for patients to develop the disease.
The History of Asbestos Litigation
Asbestos suits are the longest-running mass torts in U.S. history. State and federal courts first began to handle asbestos cases in the 1970s, when medical research linked asbestos exposure to illnesses like mesothelioma or lung cancer.
Many companies that mined, manufactured and supplied asbestos products knew of the dangers, but ignored or downplayed these risks. In the end, a number of asbestos-related companies were forced to close under the weight of lawsuits filed by victims and their families. The majority of companies that filed for bankruptcy set up asbestos trust funds to pay victims.
A small number of asbestos-related cases are heard. In these cases, judges tend be skeptical of the defendants' arguments. They are often able to award large verdicts to victims. Asbestos lawyers have successfully moved thousands of cases through the court process and secured significant verdicts for mesothelioma sufferers.
The complexity of an asbestos case makes it difficult to win. In a case involving asbestos, plaintiffs have to demonstrate that their illness was directly caused through exposure to asbestos by the company. This requires a database that links workers, their workplaces and employers, as well as the products they used and their suppliers and vendors. This process can take many years, particularly if the victim's employment history is complicated. It may involve interviewing co-workers or family members and abatement workers, as well as suppliers and other parties who might be responsible.
The evidence in an asbestos-related case requires expert witness testimony to support the claims of an asbestos-related disease. The majority of these experts are doctors who have been trained in the pathology of asbestos-related diseases and who have analyzed the medical records of an individual. This is especially crucial in mesothelioma cases where the disease is often difficult to detect.
Defendants may also attempt 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 lawsuits differ from other personal injury claims. Inhaling asbestos fibers can cause mesothelioma, which is a rare illness, or other asbestos-related diseases. These injuries are often caused from exposure to asbestos at specific work sites, such as power stations, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide fashion and not in a single instance. This allows victims and their families to file a single complaint against multiple defendants and receive compensation from several sources of funds, resulting in lower legal fees.
A seamstress exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim contracted mesothelioma after inhaling asbestos-containing particles when constructing vessels 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 after developing mesothelioma as a result of exposure to asbestos released by factories he worked in. The victim's widow filed a lawsuit against five companies which included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases began to follow. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any injuries to workers (Borel v. Fibreboard). The ruling increased the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they would be sued over their products.
Lawyers representing a plaintiff in a lawsuit involving asbestos must understand 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 federal and state laws that relate to asbestos litigation. This includes those which govern asbestos disclosure procedures.
The most important thing to do is to find an attorney who has experience with mesothelioma. A reputable law office will provide a no-cost consultation and review the medical records of the client related to asbestos to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos sufferers have won significant settlements 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 a variety of reasons, including the psychological and physical damage caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to develop lung diseases and damage than those who did not work with it.
As such, a number of law firms with years of experience in asbestos litigation filed massive volumes of mesothelioma cases. This was a method for firms to earn a profit and earn recognition for their expertise. But, this method did not work for mesothelioma sufferers well. These companies took on more cases than they could handle and did not offer the medical support and representation mesothelioma sufferers deserve.
Insurance companies and defendants have also used other tactics to combat asbestos claims. For example, the insurance industry argued that asbestos sufferers must be required to prove that the specific asbestos they were exposed to was responsible for their condition. This was a direct assault on the principle of joint and multiple liability, which allows plaintiffs to be held responsible for all damages resulting from asbestos exposure by multiple defendants.
Mesothelioma patients and their lawyers were adamantly opposed to this approach. They argued that it was unfair to require asbestos sufferers to prove the root reason for their condition before they can claim damages. Additionally, it could hinder people from filing claims with reliable law firms and could make them settle their claims at a lower price than they should.
In the final decision the House of Lords sided with the victims and rejected the insurers' arguments. The ruling did not affect the huge sums of money paid by the insurance industry to asbestos victims. Pomona asbestos lawyers is why it is essential to select an asbestos compensation law firm that is 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 to court the first successful asbestos compensation case.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases result in severe injuries to people who's lives were forever altered by exposure to a deadly carcinogen. Mesothelioma is a cancer of the tissues around internal organs, like the lung. The cancer can also spread to the abdominal cavity, chest wall as well as the brain and heart. The disease can take a long time to manifest, and sufferers are often left to live with the knowledge of their degenerative condition. Asbestos has caused financial difficulties for many asbestos sufferers who been forced to sell their homes, pay medical bills and make other significant modifications to their lives.
In recent years, however numerous families of mesothelioma sufferers have resorted to suing manufacturers and suppliers of asbestos products. The law permits compensation to be sought even if the company has filed for bankruptcy.
Many of these companies have been forced to shut down and retire after paying out billions in settlements to asbestos victims. There are still a lot of plaintiffs who want to pursue the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases have been manipulated by certain attorneys to gain their clients. For instance a judge in New York City recently made an order that reverses an old policy of not allowing mesothelioma lawsuits involving punitive damages. This was done at the request 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 attracted the attention of many observers. Many believe this case is an indication of the fraudulent practices that are commonplace in asbestos lawsuits. The corruption scandal that surrounded the former New York Assembly Speaker Sheldon Silver brought more attention to the ties between trial attorneys and politicians. This may help to bring some stability to the system.
You should seek legal counsel immediately if diagnosed as having mesothelioma, or another asbestos-related disease. The most reputable mesothelioma attorneys will offer a free consultation to discuss your situation with you and determine the best strategy for you. Asbestos claims can take a long time to be processed, so you need an attorney who understands the complexities of the case and how to get results.