The Three Greatest Moments In Asbestos Litigation Cases History

Asbestos Litigation Cases - Individual Versus Class Action

In some instances plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related diseases.

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

The History of Asbestos Litigation

Asbestos suits are the longest-running mass torts in U.S. History. The federal and state 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, manufactured and supplied asbestos-based products were aware of the dangers, but omitted or downplayed these dangers. As a result, numerous asbestos-related companies were forced to close under the weight of lawsuits brought by families of victims. The majority of companies that declared bankruptcy set up asbestos trust funds to compensate victims.

A small percentage of asbestos-related cases are tried. In these instances, judges tend to be skeptical of the defenses of the defendants. They are often able to award large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and obtained significant verdicts on behalf of mesothelioma patients.

The complexity of asbestos cases is what makes it difficult to win. In an asbestos lawsuit, plaintiffs must prove their illness is directly caused through exposure to the dangerous 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 complex. It could involve interviews with coworkers, family members as well as abatement workers, suppliers, and other parties that might be responsible.

The evidence in an asbestos-related case requires expert witness testimony to support claims of an asbestos-related illness. Often, these expert witnesses are doctors with training in the asbestos-related pathologies and who have examined the medical records of a patient. This is especially important in mesothelioma cases, where the disease is often difficult to identify.

Defendants can also try to discredit experts through their background or qualifications. This is a troubling pattern that has been seen in recent years as defendants are increasingly challenging the worldwide scientific consensus that asbestos is the cause of mesothelioma and other diseases.

The First Case

Asbestos claims are different from other types of personal injury lawsuits. The lawsuits involve an uncommon disease that's caused by breathing in the tiny fibers, and later developing mesothelioma or a different asbestos-related disease. These injuries typically result from exposure to asbestos at specific workplaces, including shipyards, power stations and construction projects.

Contrary to other forms of civil litigation asbestos lawsuits are filed on a class-wide basis, rather than separately.  Reno asbestos lawsuit  permits the victims and their families to file a single complaint against multiple defendants and receive compensation from a variety of sources of money, resulting in lower legal fees.

A man who was exposed to asbestos on a British vessel in 1927 filed the first mesothelioma lawsuit. The victim was diagnosed with mesothelioma due to asbestos dust inhalation during the construction of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients like the Royal Navy.

A dock worker filed a case in the early 1990s, after developing mesothelioma as a result of exposure to asbestos released by the factories in which he worked. The widow of the victim filed an action against five companies, including Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs as well as other industrial processes.

Other cases were followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The decision led to an increase in 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 need to comprehend the complex chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis, as in identifying the potential defendants. It also involves ensuring that the lawsuit complies with the state laws and federal regulations that pertain to asbestos litigation, such as those that govern asbestos discovery procedures.

The most important step is to locate an attorney who has experience with mesothelioma. A reliable law firm will provide an initial consultation for free and will review the medical records of the patient that relate to asbestos to determine if they are eligible for a lawsuit involving asbestos.

The Second Case

Asbestos victims have won significant awards at court. These awards are often higher than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have been compensated for many reasons that include the psychological and physical harm caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer lung disease and lung damage than those who don't work with it.

In the end, many law firms with a wealth of experience in asbestos litigation filed a significant number of mesothelioma lawsuits. It was a way to be recognized and earn money. 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 mesothelioma sufferers need.

The defendants and insurance companies have also employed other strategies to fight asbestos claims. The insurance industry, for example, argued that asbestos victims must prove that the asbestos they were exposed to was the cause for their health. This was a direct assault on the concept of joint-and-several liability, which allows the plaintiff to be held responsible for all damages resulting from exposure to asbestos by multiple defendants.

This approach was met with a spirited opposition from mesothelioma sufferers as well as their lawyers, who claimed that it was unfair for asbestos victims to have to prove the exact cause of their condition in order to be able to claim damages. This could also deter victims from bringing cases with reliable law firms and force them to settle for less than their case is worth.

In the end the House of Lords sided with the victims and rejected the arguments of insurers. However, this ruling did not affect the massive sums of money given to asbestos victims by the insurance industry. It is crucial to select an asbestos compensation company with a good reputation for proficiency and competence. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We also played a role in the first ever successful asbestos compensation case to the court in 1972.

The Third Case

Unlike most toxic tort lawsuits, asbestos cases involve severe injuries to people who's lives were permanently altered by exposure to a deadly carcinogen. Mesothelioma is a cancer of the tissues around organs inside, including the lungs. The cancer can also expand to the abdominal cavity, chest wall, heart, and the brain. The disease can take years to develop and victims are often forced to be aware of their degenerative condition. Many who have been affected by asbestos have suffered many financial hardship since they were forced to sell their homes and medical bills and make other expensive changes to their lives.

In recent years, however, many families of mesothelioma victims have resorted to suing suppliers and manufacturers of asbestos products. The law permits compensation to be sought even when the company has filed for bankruptcy.

Many of these firms have been forced to close and retire after paying billions in settlements to asbestos victims. There are still many plaintiffs who wish to pursue the remaining companies. In fact, the number of new asbestos lawsuits has increased.

Some of these cases have been manipulated by certain attorneys to benefit their clients. A New York City judge recently changed a rule that was in effect for a long time against punitive damages related to mesothelioma lawsuits. This was done on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma sufferers.

It was only one instance, but it attracted the attention of many. Many believe that 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 brought more attention to the connections between trial lawyers and politicians. This could help bring some balance to the system.

You should seek legal counsel immediately if diagnosed as having mesothelioma, or another asbestos-related illness. The most effective mesothelioma lawyers will provide a no-cost consultation in order to discuss your situation with you and decide on the best way to proceed. The process of submitting an asbestos claim can take several months, so it is vital to engage an attorney who is familiar with the intricacies involved and knows how to obtain results.