11 "Faux Pas" You're Actually Able To Make With Your Asbestos Litigation Cases
Asbestos Litigation Cases - Individual Versus Class Action
In certain cases, plaintiffs are pursuing individual lawsuits instead of a class action. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related injuries.
Mesa asbestos lawyer have discovered that asbestos exposure causes lung damage and diseases. It can take several years for mesothelioma victims 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. It wasn't until the 1970s that federal and state courts started taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and other diseases like asbestosis, pleural thickening and plaques of the pleura.
Many companies that mined, produced and supplied asbestos-based products were aware of the dangers, but ignored or minimized the dangers. Many asbestos companies declared bankruptcy due to the lawsuits brought by the victims and their family members. The majority of companies who filed for bankruptcy put up asbestos trust funds to pay victims.
Although the vast majority of asbestos-related lawsuits settle out of court, a tiny amount of cases go to trial. In these instances, judges tend to be skeptical of the defenses of the defendants. They will often give substantial verdicts to the victims. Asbestos lawyers have successfully pushed thousands cases through the court system and obtained significant verdicts on behalf of mesothelioma patients.
The complex nature of asbestos lawsuits can be difficult to win. In a lawsuit for asbestos plaintiffs must show that their illness was caused by a company's exposure to the hazardous substance. This is a requirement for a database that ties workers, their work locations, their employers, the products they used and their suppliers and vendors. This process could take several years, particularly if the victim's work history is complex. Interviewing co-workers and family members as well as abatement employees suppliers, and other people who could be responsible may be required.
Expert witness testimony is also required to prove that asbestos-related diseases have occurred. These expert witnesses are often doctors who have completed training in the pathology and diagnosis of asbestos-related diseases and have reviewed the medical records of a patient. This is particularly important in mesothelioma cases where the disease can be very difficult to detect.
Defense lawyers can also attempt to discredit experts by pointing out their background or qualifications. In recent years, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits differ from other personal injury claims. The lawsuits involve an uncommon disease that's caused by inhaling the microscopic fibers and subsequently developing mesothelioma or another asbestos-related disease. These injuries typically result by exposure to asbestos at certain workplaces, including 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 separately. This allows the victims and their families to file a single suit against multiple defendants and receive compensation from several sources of funds, resulting in lower legal fees.
A man who was exposed to asbestos on an British vessel in 1927 filed the first mesothelioma lawsuit. The victim was diagnosed with mesothelioma following inhaling asbestos-containing particles during the construction of ships at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients.
Another early case was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos emitted from the factories in which the worker worked. The victim's wife filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both manufactured valves that contained asbestos for oil rigs, industrial processes, and other industrial processes.
Other cases were followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely responsible for any workers' injuries (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits, and asbestos manufacturers were put on notice that they could face litigation for their products.
Lawyers for the plaintiff in a lawsuit involving asbestos need to comprehend the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnosis, and identifying potential defendants. It is also about making sure that the lawsuit is in compliance with state laws and federal regulations that govern asbestos litigation, including those that govern asbestos discovery procedures.
The most important thing to do is to locate an attorney with experience with mesothelioma. A reputable law firm will offer a no-cost consultation and will review the medical records of the client related to asbestos to determine eligibility for a lawsuit against asbestos.
The Second Case
Asbestos patients have received substantial payouts in the courts, which are usually higher than what they receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons, including physical and psychological damage caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to have lung diseases and damage than those who didn't work with asbestos.
As such, a number of law firms that had extensive experience in asbestos litigation filed massive mesothelioma cases in large numbers. This allowed them to make a profit and earn recognition for their skills. This strategy was not beneficial for mesothelioma patients. Many of these firms had more cases than they could handle and didn't offer the necessary medical support or representation that mesothelioma patients need.
Insurance companies and defendants have also employed other strategies to fight asbestos claims. Insurance companies, for instance, believed that asbestos victims should be required demonstrate that the asbestos they were exposed was responsible for their health. This was a direct assault on the principle of joint-and-several liability, which permits plaintiffs to be held liable for all damages resulting from exposure to asbestos by multiple defendants.
This approach was met with a fierce restraining from mesothelioma patients and their lawyers, who claimed that it was unfair for asbestos patients to be required to prove the cause of their condition in order to recover damages. Additionally, it would hinder people from filing claims with reliable law firms and could force them to settle their case for less than they deserve.
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 massive amounts of money that was paid to asbestos victims by the insurance industry. This is why it is essential to choose an asbestos compensation law firm that is renowned for its expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also responsible in 1972 for bringing to court the first asbestos compensation case that was successful.
The Third Case
Asbestos lawsuits differ from other toxic tort cases because they result in serious injuries that have permanently changed the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a type of cancer that affects tissues that surround internal organs such as the lungs. The cancer can also expand to the abdominal cavity and chest wall, heart and brain. The cancer can take years to develop and victims are often forced to be aware of their degenerative condition. Many of those who have been affected by asbestos have suffered a great deal of financial burdens, as they have been forced to sell homes, pay medical bills, and make other costly changes to their lives.
In recent years however, many families have sued asbestos product manufacturers and suppliers. The law allows for compensation to be sought even if the company has filed for bankruptcy.
Many of these companies were forced to retire and close after paying billions in settlements to asbestos victims. There are still a lot of plaintiffs who wish to sue the remaining companies. The number of asbestos-related lawsuits has actually increased.
Certain cases have been manipulated by certain lawyers to gain their clients. For example, a judge in New York City recently made an order that reverses an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was in response to a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma sufferers.
This was only one instance, but it drew the attention of many. Many believe this case is a sign of the fraudulent strategies that are now common in a variety of asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the links between trial lawyers and politicians, which could help bring balance to the system.
If you have been diagnosed with mesothelioma or another asbestos-related disease, there's no reason to delay seeking legal counsel. The most effective mesothelioma lawyers will provide a no-cost consultation in order to discuss your situation with you and determine the best strategy for you. Asbestos claims can take a long time to process, so you need an attorney who is knowledgeable about the complexities and the best way to achieve results.