15 Unquestionable Reasons To Love Asbestos Litigation Cases
Sunrise asbestos lawsuits - Individual Versus Class Action
In some instances plaintiffs would prefer to file individual lawsuits over class actions. Individual lawsuits can provide greater compensation for injuries resulting from asbestos and mesothelioma.
Scientists have proved that exposure to asbestos can cause lung diseases and damage. Since mesothelioma is a disease with a latency time of 40-50 years, it could take an extended time for patients to develop the disease.
The History of Asbestos Litigation
Asbestos suits are among 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 identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and various other illnesses like asbestosis, pleural thickening, and plaques of the pleura.
Many companies that mined asbestos, manufactured asbestos products, and supplied them knew the dangers but downplayed or ignored them. As a result, numerous asbestos companies filed for bankruptcy due to lawsuits brought by the families of victims. The majority of companies that filed for bankruptcy created asbestos trust funds to pay compensation to the victims.
A small number of asbestos-related cases are heard. In these cases judges are usually skeptical of defendants' arguments and may award substantial verdicts for 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 case can make it difficult to be successful. In an asbestos-related case, plaintiffs have to demonstrate that their illness was directly caused by the company's exposure. This requires a thorough database that includes the names of workers, their workplaces and their employers' names, products they used, suppliers and vendors. This can take many years, particularly if the victim's work history is complex. It could involve interviews with coworkers relatives and abatement workers, as well as suppliers, and other people who could be involved in the case.
The evidence in an asbestos case requires expert witness testimony to support the claims of an asbestos-related disease. These expert witnesses are often physicians who have received training in the pathology and diagnosis of asbestos-related diseases, and have analyzed a patient's medical records. This is especially crucial in mesothelioma-related cases, as the disease can be extremely difficult to identify.
Defense lawyers may also seek to discredit experts by arguing their credentials or qualifications. This is a troubling pattern that has been seen in recent years as defendants are increasingly challenging worldwide scientific consensus that asbestos is the cause of mesothelioma and other illnesses.
The First Case
Asbestos lawsuits differ from other personal injury claims. The lawsuits involve an uncommon illness that is caused by inhaling the microfibers and then developing mesothelioma, or another asbestos-related disease. These types of injuries are typically caused by exposure to certain job sites, including power plants, shipyards, and construction projects.
Contrary to other forms of civil litigation, asbestos lawsuits are filed on a class-wide basis rather than individually. This permits the victims and their families to file a single lawsuit against multiple defendants and receive compensation from several sources of money, resulting in lower legal fees.
The first mesothelioma claim was filed in 1927 by a seaman who was exposed to asbestos while working on the deck of a British ship. The victim developed mesothelioma as a result of asbestos particles inhaled when constructing 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 as a result of exposure to asbestos released by the factories where he was employed. The widow of the victim filed a lawsuit against five companies that included 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 found asbestos manufacturers to be completely responsible for any injuries suffered by workers (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were notified that they could face litigation for their products.
Lawyers representing a plaintiff 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 as identifying potential defendants. It is also essential to ensure that the lawsuit is compliant with the federal and state laws that are relevant to asbestos litigation. This includes those that regulate asbestos disclosure procedures.
The most important step is to locate an attorney with experience with mesothelioma. A reputable law firm will offer a free consult and review the medical records of the client related to asbestos to determine if they are eligible for a asbestos lawsuit.
The Second Case
Asbestos sufferers have won significant settlements in court, and these are often higher than what they would receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for a variety of reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung diseases and lung damage as compared to those who do not work with asbestos.
As a result, many law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. This was a method for them to make a profit and be recognized for their expertise. This strategy was not beneficial for mesothelioma patients. Many of these companies had more cases than they could handle and didn't provide the appropriate medical support and representation that mesothelioma patients need.
Insurance companies and defendants have also employed other strategies to combat asbestos claims. The insurance industry, for instance, argued that asbestos victims should be required to demonstrate that the asbestos they were exposed to was the cause for their condition. This was a direct assault on the principle of joint-and-several liability, which permits a plaintiff to be held responsible for all damages that result from asbestos exposure by multiple defendants.
Mesothelioma patients and their attorneys were vehemently against this strategy. They claimed that it was unfair to require asbestos sufferers to prove the root cause for their illness before they could recover damages. This would also discourage victims from bringing cases with reliable law firms and force them to accept less than what their case is worth.
The House of Lords ultimately sided with victims and rejected the arguments of the insurers. This ruling did not impact the massive sums that insurance companies pay to asbestos victims. This is why it is crucial to choose an asbestos compensation law firm that is known for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos compensation cases than any other UK law firm. We were also responsible for the first ever successful asbestos compensation case to the court in 1972.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases can result in very serious injuries to people whose lives were irrevocably changed by exposure to a deadly carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lungs. Cancer can also spread into the chest wall, abdominal cavity as well as the brain and heart. The cancer can take years to develop and victims are often forced to live with the knowledge of their death. Asbestos has led to financial hardship for many asbestos victims, who have had to sell their homes, pay medical expenses and make other significant modifications to their lives.
In recent years, however there have been numerous lawsuits filed by families against asbestos product suppliers and manufacturers. 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 lot of these companies were forced to retire or shut down. There are still many plaintiffs who want to bring legal action against the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases have been manipulated by certain attorneys to gain their clients. For instance a judge in New York City recently made a ruling that reversed a longstanding policy against mesothelioma lawsuits that award punitive damages. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.
It was only one instance, but it attracted the attention of a lot. Many believe this case is an indicator of the unsavory practices that are typical in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver has drawn more scrutiny to the links between trial lawyers and politicians, which may help bring balance to the system.
If you've been diagnosed with mesothelioma or an asbestos-related disease, there's no reason to delay seeking legal advice. The most effective mesothelioma lawyers will offer a free consultation 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, therefore it is essential that you engage an attorney who understands the complexities involved and knows how to achieve results.