20 Fun Facts About 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 offer greater compensation for mesothelioma and other asbestos-related diseases.

Researchers have discovered that exposure to asbestos can cause lung diseases and damage. Because mesothelioma sufferers have a latency period of 40-50 years, it can take long for patients to develop their illness.

The History of Asbestos Litigation

Asbestos lawsuits are the longest-running mass torts in U.S. history. It wasn't until the 1970s that state and federal courts began taking asbestos cases into consideration, following medical research linked exposure to asbestos with various illnesses, including mesothelioma, lung cancer, and other illnesses such as asbestosis, pleural thickening, and pleural plaques.

Many companies that mined, made and supplied asbestos products knew of the dangers, but ignored or hid from these risks. Many asbestos companies declared bankruptcy because of the lawsuits brought by the victims and their family members. Most of the companies who declared bankruptcy had asbestos trust funds to pay compensation to the victims.

Although the vast majority of asbestos-related claims settle out of court, a tiny percentage of cases are brought to trial. In these instances, judges tend to be skeptical of defense arguments of the defendants. They will often award large verdicts to victims. Asbestos lawyers have been able to successfully move thousands of cases through the court system and obtained significant verdicts on behalf of mesothelioma sufferers.

The complex nature of asbestos lawsuits makes it difficult to win. In an asbestos case plaintiffs must demonstrate that their illness was directly triggered by the company's exposure. This requires a database that connects workers, their workplaces, their employers, the products they used, and their suppliers and vendors. The process of constructing this data can take years particularly if the victim's work history is complicated. Interviewing family members and coworkers Abatement employees suppliers, as well as other parties that could be responsible may be required.

The evidence in an asbestos case requires expert witness testimony to support claims of an asbestos-related illness. The majority of these experts are doctors who have been trained in the pathology of asbestos-related diseases and who have examined the medical records of an individual. This is particularly important in mesothelioma-related cases, as the disease can be very difficult to diagnose.

The defendants can also try to discredit experts through their credentials or background. In recent times defendants have challenged the scientific consensus that mesothelioma is caused due to asbestos.

The First Case

Asbestos cases are unique from other types of personal injury claims. Inhaling asbestos fibers can cause mesothelioma, which is a rare illness, or other asbestos-related diseases. These injuries usually result by exposure to asbestos at certain work places, like power stations, shipyards, and construction projects.

In contrast to other types of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than being filed individually. This permits victims and their families to file a single suit against multiple defendants and receive compensation from several sources of money, resulting in lower legal fees.

A seamstress exposed to asbestos on an 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. This company manufactured naval vessels for clients like the Royal Navy.

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

Other cases followed. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related claims. It also put asbestos manufacturers on notice that they might face litigation over their products.

Lawyers for the plaintiff in a lawsuit involving asbestos need to understand the complicated chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also essential to ensure that the lawsuit is in compliance with the federal and state laws that pertain to asbestos litigation. This includes laws that regulate asbestos disclosure procedures.

The most important step is to find an attorney who has experience with mesothelioma. A reputable law firm will offer a free consult and will review the medical records of the client related to asbestos to determine if they are eligible for a lawsuit against asbestos.

The Second Case

Asbestos victims have received significant settlements in court, and these are often higher than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for a variety of reasons including psychological and physical harms caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to have lung damage and disease than those who did not work with it.

In the end, many law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a method to get noticed and make money. This approach was not beneficial to mesothelioma patients. Many of these firms had more cases than they could handle, and did not provide the appropriate medical support and representation that mesothelioma sufferers deserve.

The defendants and insurance companies have also employed other strategies to stop asbestos claims. For instance the insurance industry argued that asbestos sufferers should be required to prove that the particular asbestos they were exposed to was responsible for their illness. This was an attack on the concept of joint and multiple liability, which allows one plaintiff to be held liable for all damages that result from exposure to asbestos by multiple defendants.

This approach was met with fierce opposition from mesothelioma sufferers and their lawyers, who claimed that it would be unfair for asbestos patients to to prove the cause of their illness in order to be able to claim damages. This would also discourage victims from bringing lawsuits against reputable law offices and make them settle for less than their case is worth.

In the final decision the House of Lords sided with the victims, and rejected the insurers' arguments. However, this ruling did not affect the huge amounts of money that was paid to asbestos victims by the insurance industry. It is crucial to select an asbestos lawyer compensation company with a good reputation for proficiency and competence. Thompsons Solicitors have handled and won more asbestos compensation cases than any other UK-based law firm. We were also the ones responsible for bringing to court the first successful asbestos compensation case.

The Third Case

Unlike most toxic tort lawsuits, asbestos cases result in very serious injuries to people whose lives were irrevocably changed by exposure to a deadly carcinogen. Mesothelioma is a form of cancer that affects the tissues surrounding internal organs such as the lung. The cancer can also spread to the abdominal cavity as well as the chest wall, heart, and brain. The disease can take years to manifest and victims are often left to live with the knowledge of their death. Many who have been affected by asbestos have endured an immense amount of financial burdens, because they've been forced to sell homes and medical bills and make other costly changes to their lives.

In recent years, however, many families have sued asbestos-related companies 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 number of these companies were forced to shut down or shut down. There are still many plaintiffs who want to pursue the remaining companies. The number of asbestos lawsuits has actually increased.

Certain cases have been manipulated by certain attorneys to benefit their clients. For instance, a judge in New York City recently made an order that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos attorney manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.

It was only one instance, but it drew the attention of many. Many people believe the case is an indication of the fraudulent methods that have become a regular feature in a variety of asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver brought more attention to the connections between trial lawyers and politicians. This could help create some balance in the system.

It is important to seek legal advice immediately if you have been diagnosed as having mesothelioma, or any other asbestos-related disease. The best mesothelioma lawyers will provide you with a no-cost consultation to talk about your case and determine the best path to take. Asbestos claims can take months to process, which is why you need an attorney who knows the intricacies and the best ways to achieve results.