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Asbestos Litigation Cases – Individual Versus Class Action In certain cases, plaintiffs prefer to file individual lawsuits instead of group actions. Individual lawsuits can provide greater compensation for mesothelioma as well as other asbestos-related injuries. Scientists have proven that asbestos exposure can cause lung damage and causes disease. Since mesothelioma is a disease with a latency period of 40-50 years, it can take long for patients to develop the illness. The History of Asbestos Litigation Asbestos lawsuits are the longest-running mass tort in U.S. history. Federal and state courts only began to process asbestos cases in the 1970s, when medical research linked asbestos exposure with diseases such as mesothelioma and lung cancer. Many companies that mined, produced and sold asbestos products were aware of the dangers, but omitted or minimized the risks. As a result, many asbestos-related companies were forced to close under the weight of lawsuits brought by the families of victims. The majority of companies that filed for bankruptcy set up asbestos trust funds as compensation to the victims. Although the vast majority of asbestos-related claims settle out of court, a small amount of cases go to trial. In these instances, judges tend to be skeptical of the defenses of the defendants. They often give large verdicts to victims. Asbestos lawyers have been able to successfully move thousands of cases through the court system and have secured significant verdicts for mesothelioma sufferers. However, the complexities of a case involving asbestos can make it difficult to be successful. In a case involving asbestos plaintiffs must prove that their condition was directly caused by exposure to asbestos in the workplace. This requires a thorough database of the workers, their workplaces and their employers' names, the products they used, suppliers and vendors. This process can take many years, especially if a victim's employment history is complex. It could involve a thorough interview with coworkers or family members, abatement workers, suppliers, and other parties that could potentially be responsible. Expert witness testimony is required to support claims that asbestos-related diseases have occurred. Often, these expert witnesses are doctors with training in the asbestos-related pathologies and who have analyzed the medical records of a patient. This is particularly important in mesothelioma-related cases, as the disease is often difficult to identify. Defense lawyers may also seek to discredit experts by arguing their background or their professional qualifications. In recent times defendants have challenged the scientific consensus that mesothelioma can be caused by asbestos. The First Case Asbestos lawsuits differ from other personal injury claims. Inhaling asbestos fibers can lead to a rare disease called mesothelioma, or other asbestos-related diseases. These injuries typically result by exposure to asbestos in certain workplaces, including shipyards, power stations and construction projects. Asbestos lawsuits are filed in a group-wide manner, not individually. This permits the 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 seaman exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. 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 lawsuit in the early 1990s after developing mesothelioma from exposure to asbestos released by factories he worked in. The victim's wife filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil drilling rigs, industrial processes and 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 ruling increased the number of asbestos-related claims. It also put asbestos manufacturers on notice that they would be sued for their products. Evansville asbestos lawyers representing a plaintiff in a lawsuit involving asbestos must be aware of the complicated chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnoses and identifying potential defendants. It is also about making sure that the lawsuit is in compliance with the state laws and federal regulations that pertain to asbestos litigation, such as the asbestos discovery procedures. One of the most crucial actions is choosing an attorney who is specialized in mesothelioma cases. A reputable law firm will offer a free consult and will review the client's medical records related to asbestos in order to determine if they are eligible for a lawsuit against asbestos. The Second Case Asbestos sufferers have won significant awards 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 many reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung diseases and lung damage than those who do not work with it. As such, a number of law firms with years of experience in asbestos litigation filed huge mesothelioma lawsuits. This was a way for firms to earn a profit and gain recognition for their expertise. However, this approach did not benefit mesothelioma patients well. Many of these firms took on more cases than they could handle, and did not provide the necessary medical support or representation that mesothelioma patients deserve. Insurance companies and defendants have also used other tactics to fight asbestos claims. For instance the insurance industry argued that asbestos sufferers must be required to prove the specific 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 allows the plaintiff to be held responsible for all damages resulting from asbestos exposure by multiple defendants. Mesothelioma patients as well as their attorneys were adamantly opposed to this method. They argued that it was unfair to insist that asbestos patients to prove the root reason for their illness before they could recover damages. This could also deter victims from bringing cases with reputable law offices and force them to settle for less than the case is worth. In the end the House of Lords sided with the victims, and rejected the arguments of insurers. However, this decision did not affect the large amounts of money that was paid to asbestos victims by the insurance industry. This is why it is important to choose an asbestos compensation law firm that is known for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We also were responsible for bringing the first-ever successful asbestos compensation case to the court in 1972. The Third Case Unlike most toxic tort lawsuits, asbestos cases involve very serious injuries to people who's lives were permanently altered by exposure to a deadly carcinogen. Mesothelioma is a type of cancer that affects the tissues that surround internal organs such as the lung. The cancer can also spread to the abdominal cavity, chest wall, brain, and heart. The cancer can take years to develop and victims are often left to be aware of their death. Asbestos has led to financial hardship for many asbestos sufferers who have had to sell their homes, pay medical bills and make other significant 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 to asbestos victims, a lot of these companies were forced to retire or close. But there are still plenty of plaintiffs who wish to sue those that remain. In fact, the number of new asbestos lawsuits has risen. Some of these cases are being manipulated to benefit certain lawyers and their clients. For example, a judge in New York City recently made an order that reversed the long-standing policy against mesothelioma lawsuits involving punitive damages. This was in response to the lawyer representing Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma sufferers. It was only one instance, but it drew the attention of many. Many believe that the case is an indication of the deceitful strategies that are now common in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought greater scrutiny to the links between trial lawyers and politicians, which may help restore some balance to the system. If you've been diagnosed with mesothelioma or an asbestos-related illness, there is no reason to delay seeking legal advice. The most reputable mesothelioma lawyers will provide you with a no-cost consultation to discuss your case and determine the best way to proceed. The process of submitting an asbestos claim can take a few months, so it is crucial to engage an attorney who understands the complexities involved and how to get results.