What You Should Be Focusing On Enhancing Asbestos Litigation Cases
Santa Monica asbestos lawsuit - Individual Versus Class Action
In certain cases plaintiffs choose to file individual lawsuits instead of group actions. Individual lawsuits can provide greater compensation for mesothelioma or other asbestos-related diseases.
Scientists have proved that exposure to asbestos can lead to lung diseases and damage. It can take several years for mesothelioma victims to develop the disease because of its 40-50 year latency period.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. It was not until the 1970s when federal and state courts began processing asbestos cases, after medical research identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and other diseases such as asbestosis, pleural thickening, and plaques of the pleura.
Many companies that mined, made and sold asbestos products were aware of the dangers, but ignored or downplayed these risks. Many asbestos-related companies filed for bankruptcy because of the lawsuits filed by victims and their family members. The majority of companies that declared bankruptcy had asbestos trust funds to compensate to the victims.
Although the vast majority of asbestos-related claims settle out of court, a tiny number of cases go to trial. In these cases judges are generally skeptical of the defense and may award substantial verdicts to victims. Asbestos lawyers have been able to successfully move thousands of cases through the court system and secured significant verdicts for mesothelioma patients.
However, the complexity of an asbestos lawsuit can make it difficult to be successful. In an asbestos lawsuit plaintiffs must prove that their illness was caused by a company's exposure to the dangerous substance. This requires a database that links workers, their work sites, their employers, the products they used and their suppliers and vendors. The process of developing this data can take years particularly if the victim's history of work is complicated. It could involve interviews with coworkers relatives, abatement workers, suppliers, and other people who could be involved in the case.
The evidence in an asbestos case requires expert witness testimony to back the claims of an asbestos-related disease. Most often, these expert witnesses are doctors who have been trained in the asbestos-related pathologies and who have reviewed an individual's medical records. This is especially important for mesothelioma cases, which can be difficult to detect.
The defendants may also try to undermine experts by pointing out their credentials or qualifications. In recent years defendants have challenged the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits differ from other personal injury claims. The lawsuits concern an uncommon illness that is caused by breathing in microfibers and then developing mesothelioma or another asbestos-related disease. These injuries usually result by exposure to asbestos at certain workplaces, including power stations, shipyards and construction projects.
Asbestos lawsuits are filed in a class-wide fashion and not in a single instance. This permits 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 costs.
A seaman exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma after inhaling asbestos-containing particles during the fabrication of vessels at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients.
Another case that was filed by a dock worker who was diagnosed with mesothelioma following exposure to asbestos from the factories where the worker worked. The victim's widow filed a lawsuit against five companies, including Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs as well as other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The decision increased the volume of asbestos-related claims, putting asbestos manufacturers on notice that they would face litigation over their products.
Lawyers representing plaintiffs in a lawsuit involving asbestos must be aware of 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 the state laws and federal regulations that govern asbestos litigation, including the asbestos discovery procedures.
The most important thing to do is to find an attorney who has experience in mesothelioma. A reputable law firm will offer free consultation and a review of the medical records of the client that are related to asbestos to determine if they are eligible for an asbestos lawsuit.
The Second Case
Asbestos patients have received substantial awards in the courts, which are usually more than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons, including physical and psychological harms caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung disease and lung damage than those who don't work with it.
As a result, a number of law firms with vast experience in asbestos litigation filed massive mesothelioma lawsuits. It was a way to gain recognition and make money. However, this strategy did not serve mesothelioma sufferers well. Many of these companies had more cases than they could handle and didn't provide the proper medical support and representation that mesothelioma patients deserve.
The defendants and insurance companies have also used other tactics to fight asbestos claims. For instance, the insurance industry argued that asbestos sufferers must be required to prove the particular asbestos they were exposed to was responsible for their condition. This was an attack on the principle of joint and multiple liability, which permits one plaintiff to be held responsible for all damages that result from exposure to asbestos caused by multiple defendants.
Mesothelioma patients as well as their attorneys were adamantly against this strategy. They claimed that it was unfair to require asbestos victims to prove the root reason for their condition before they could recover damages. This could deter patients from bringing lawsuits against reputable law offices and force them to settle for less than their case is worth.
In the final decision the House of Lords sided with the victims and rejected the arguments of insurers. The decision did not affect the large sums of money that insurance companies pay to asbestos victims. This is why it is essential to select an asbestos compensation law firm that is well-known for its skill and expertise. Thompsons Solicitors have handled and won more asbestos claims than any other law firm. We were also the ones responsible for bringing before the court the first successful asbestos compensation case.
The Third Case
Asbestos cases are different from most toxic tort suits because they involve serious injuries that have permanently altered the lives of people who were exposed to a deadly carcinogen. Mesothelioma is a form of cancer that affects the tissues surrounding internal organs, such as the lungs. The cancer can also spread to the chest wall, abdominal cavity, brain, and heart. Because the disease may take decades to manifest, sufferers have to live knowing that their condition is end-of-life. Asbestos has caused financial difficulties for many asbestos sufferers who been forced to sell their homes, pay medical expenses and make other significant changes to their lives.
In recent times numerous families have filed lawsuits against asbestos product suppliers and manufacturers. The law permits compensation to be sought even if the company has filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a lot of these businesses were forced to close or close. But there's still a large number of plaintiffs who wish to sue those that remain. In fact the number of new asbestos lawsuits has increased.
Certain cases are being used to benefit certain attorneys 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 in response to a lawyer for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma victims.
Although it was a single instance, it has drew the attention of a lot of observers. Many believe that the case is an indication of the deceitful methods that have become a regular feature in a variety of asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought greater scrutiny to the links between trial lawyers and politicians, which could help bring some balance back to the system.
If you've been diagnosed with mesothelioma or an asbestos-related illness, there is no time to waste in seeking legal counsel. The most reputable mesothelioma lawyers will offer you a free consultation to discuss your situation and determine the best course of action. The process of submitting an asbestos claim can take a few months, which is why it is vital to engage an attorney who understands the intricacies involved and knows how to achieve results.