Asbestos Litigation Cases - Individual Versus Class Action

In some instances plaintiffs are seeking individual lawsuits rather than a class action. Individual lawsuits can provide greater compensation for injuries caused by asbestos and mesothelioma.

Researchers have discovered that exposure to asbestos can cause lung damage and causes disease. It can take several years for mesothelioma sufferers to develop the disease due to its 40-50 year latency period.

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, after medical research connected asbestos exposure to diseases like mesothelioma and lung cancer.

Many companies who mined asbestos, produced asbestos products, and supplied them knew the dangers but hid or brushed them aside. As a result, numerous asbestos companies filed for bankruptcy due to lawsuits filed by families of victims. Most of the companies who filed for bankruptcy created asbestos trust funds to compensate to the victims.

A small number of asbestos-related cases are tried. In these cases judges are usually skeptical of defendants' arguments and often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the court process and secured significant verdicts for mesothelioma patients.

However, the complexities of an asbestos lawsuit can make it difficult to win. In an asbestos lawsuit plaintiffs must show that their illness is caused directly by exposure to the hazardous substance. This requires a complete database of the workers, their job sites, their employer's names, the products they used, their suppliers and vendors. The process of creating this information can take years especially if a victim's history of work is complicated. It may involve interviewing co-workers, family members, abatement workers, suppliers, and other people who could potentially be responsible.

The evidence in an asbestos case requires expert witness testimony to back claims of asbestos lawyers-related illness. Expert witnesses are typically physicians who have received training in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of patients. This is especially important in mesothelioma cases where the disease can be extremely difficult to detect.

Defendants can also try to discredit experts based on their credentials or background. In recent years defendants have challenged the scientific consensus that mesothelioma is caused due to asbestos.

The First Case

Asbestos claims are different from other personal injury claims. Asbestos fibers inhalation can cause mesothelioma, which is a rare illness, or other asbestos-related diseases. These types of injuries are often caused by exposure to certain work sites, such as power plants, shipyards, and construction projects.

Unlike some other types of civil litigation asbestos eligible for an asbestos lawsuit.

The Second Case

Asbestos patients have received substantial awards in court, and these are often more than what they receive from a mesothelioma settlement or asbestos lawyers trust fund claim. Asbestos sufferers have received compensation for many reasons that include the psychological and physical harm caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to suffer lung disease and damage than those who did not work with it.

As such, a number of law firms that had years of experience in asbestos litigation filed huge mesothelioma cases in large numbers. This was a way for firms to earn money and gain recognition for their expertise. However, this strategy did not serve mesothelioma sufferers well. Many of these companies took on more cases than they could handle, and did not provide the proper medical support and representation that mesothelioma patients deserve.

Insurance companies and defendants have employed various strategies to stop asbestos claims. The insurance industry, for instance, believed that asbestos victims must show that the asbestos to which they were exposed to was responsible for their condition. 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 asbestos exposure by multiple defendants.

This idea was met with fierce opposition from mesothelioma patients and their lawyers, who argued that it would be unfair for asbestos patients to have to prove the root of their condition in order to be able to claim damages. Additionally, it would dissuade people from filing claims with legal firms that are reputable and make them settle their cases at a lower price than they should.

In the final decision, the House of Lords sided with the victims and rejected the arguments of insurers. However, this decision did not affect the large sums of money paid to asbestos victims by the insurance industry. This is why it is important to choose an asbestos compensation law firm that is renowned for its expertise and skill. Thompsons Solicitors have handled and won more asbestos compensation cases than any other law firm. We were also responsible for bringing the first-ever successful asbestos compensation claim to court in 1972.

The Third Case

Contrary to the majority of toxic tort lawsuits, asbestos cases result in severe injuries to people who's lives were permanently altered through exposure to a fatal carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lung. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. Because the disease can take years to manifest, sufferers have to live in the knowledge that their condition is terminal. Many who have been affected by asbestos have experienced many financial hardship, because they've been forced to sell homes, pay medical bills, and make other costly adjustments to their lives.

In recent years, however many mesothelioma patients' families have taken to suing the manufacturers and suppliers of asbestos products. The law allows for compensation to be sought even if a company has filed for bankruptcy.

After paying billions of dollars in settlements to asbestos victims, many of these businesses were forced to close or close. However, there are a lot of plaintiffs looking to sue those who remain. 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 a ruling that reversed the long-standing policy against mesothelioma lawsuits that award punitive damages. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma victims.

This was only one instance, but it caught the attention of a lot. Many believe the case is an indicator of the shady tactics that have become common in asbestos attorneys lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has brought greater attention to the ties between trial lawyers and politicians, which may help restore some balance to the system.

You should seek legal counsel immediately if you have been diagnosed with mesothelioma or another asbestos-related illness. 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 several months to process, so you need an attorney who is knowledgeable about the complexities and how to get results.