Do You Know How To Explain Asbestos Litigation Cases To Your Mom
Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs would prefer to file individual lawsuits over group actions. Individual lawsuits may provide more compensation for injuries caused by asbestos and mesothelioma.
Researchers have discovered that exposure to asbestos can cause lung damage and causes disease. Since mesothelioma is a disease with a latency period of 40-50 years, it may take long for patients to develop the disease.
The History of Asbestos Litigation
Asbestos suits are the longest running mass tort in U.S. history. It was not until the 1970s when 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 diseases like asbestosis, pleural thickening and pleural plaques.
Many companies that mined asbestos, manufactured asbestos products, and then sold asbestos products knew about the dangers but hid or brushed them aside. Many asbestos-related companies declared bankruptcy because of the lawsuits brought by victims and their family members. Most of the companies who filed for bankruptcy set up asbestos trust funds to compensate to victims.
A small percentage of asbestos-related cases are heard. If Omaha asbestos lawyers happens judges are generally skeptical of defenses and often award large verdicts for victims. Asbestos lawyers have successfully pushed thousands cases through the court system and have secured significant verdicts for mesothelioma patients.
However, the complexities of a case involving asbestos can make it difficult to be successful. In an asbestos-related case, plaintiffs have to prove that their condition was directly caused by exposure to asbestos in the workplace. This requires a complete database linking workers, their job sites as well as their employer's names, the products they used, suppliers and vendors. The process of creating this information can take years particularly if the victim's work history is complicated. It may involve interviewing co-workers or family members, abatement workers, suppliers, and other people who could potentially be responsible.
The evidence in an asbestos case also requires expert witness testimony to support claims of asbestos-related illness. These expert witnesses are often doctors who have been trained in the pathology and diagnosis of asbestos-related illnesses, and have analyzed the medical records of a patient. This is especially crucial in cases of mesothelioma, which can be difficult to diagnose.
Defendants can also try to discredit experts by pointing out their credentials or background. This is a worrying pattern that has been seen in recent years, as defendants are increasingly challenging the global scientific consensus that asbestos is the cause of mesothelioma and other diseases.
The First Case
Asbestos claims are different from other personal injury lawsuits. Inhaling asbestos fibers can lead to mesothelioma, which is a rare illness or other asbestos-related diseases. These injuries usually result by exposure to asbestos in certain work sites, such as shipyards, power stations and construction projects.
Contrary to other forms of civil litigation asbestos lawsuits are filed on a group-wide basis rather than individually. This allows plaintiffs to bring an action against several defendants, and to receive compensation from a variety of sources.
The first mesothelioma claim was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim contracted mesothelioma from asbestos particles inhaled when constructing naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients, including the Royal Navy.
A dock worker filed a case in the early 1990s following developing mesothelioma as a result of exposure to asbestos emitted by the factories in which he worked. The widow of the victim filed a lawsuit against five companies, including Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs and other industrial processes.
The cases that followed were not the only ones. In 1973 the Fifth Circuit Court of Appeals determined that asbestos manufacturers were completely liable for any injuries to workers (Borel v. Fibreboard). The decision increased the volume of asbestos-related lawsuits, putting asbestos manufacturers on notice that they would be sued over their products.
Lawyers representing a plaintiff in a suit involving asbestos must understand the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It also involves making sure that the lawsuit is compliant with the state laws and federal regulations that pertain to asbestos litigation, such as the asbestos discovery procedures.
One of the most important actions is choosing an attorney that specializes in mesothelioma lawsuits. A reputable law firm will offer a no-cost consultation and examine the client's medical records related to asbestos in order to determine whether they are eligible for an asbestos lawsuit.
The Second Case
Asbestos patients have received substantial payouts in court, which 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 psychological and physical harms caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung disease and lung damage as compared to those who do not work with it.
As such, a number of law firms with extensive experience in asbestos litigation filed massive mesothelioma lawsuits. This allowed firms to earn a profit and earn recognition for their skills. This approach was not beneficial to mesothelioma sufferers. These firms took on many more cases than they were able to manage and did not provide the medical assistance and representation that patients suffering from mesothelioma deserve.
The defendants and insurers also used other tactics in order to combat asbestos claims. The insurance industry, for instance, argued that asbestos victims should be required show that the asbestos to which they were exposed was responsible for their illness. This was a direct attack on the principle of joint-and-several liability, which allows plaintiffs to be held accountable for all damages resulting from exposure to asbestos by multiple defendants.
Mesothelioma patients as well as their attorneys were adamantly opposed to this approach. They claimed that it was unfair to insist that asbestos sufferers to prove the reason for their illness before they could recover damages. In addition, it would discourage victims from filing claims with legal firms that are reputable and make them settle their claims with less than what they are entitled to.
In the final decision, the House of Lords sided with the victims, and rejected the arguments of insurers. This ruling did not impact the massive sums that insurance companies pay to asbestos victims. This is why it is essential to choose an asbestos compensation law firm that is renowned for its expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other UK-based law firm. We also played a role in the first ever successful asbestos compensation claim to court in 1972.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases can result in severe injuries to people whose lives were irrevocably changed through exposure to a fatal carcinogen. Mesothelioma is a cancer of the tissues around internal organs, like the lungs. The cancer may also expand to the abdominal cavity and chest wall, heart and the brain. The disease can take years to develop and victims are often left to endure the knowledge of their degenerative condition. Many of those who have been affected by asbestos have suffered a great deal of financial hardship since they were forced to sell their homes, pay medical bills, and make other expensive changes to their lives.
In recent times numerous families have filed lawsuits against asbestos product manufacturers and suppliers. The law allows for 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 retire or shut down. There are still a lot of plaintiffs seeking to bring legal action against the remaining companies. The number of asbestos lawsuits has actually increased.
Some of these cases are being manipulated to benefit certain lawyers and their clients. For instance a judge in New York City recently made an order that reverses the long-standing policy against mesothelioma lawsuits involving punitive damages. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma victims.
It was only one instance, but it attracted the attention of a lot. Many believe the case is an indication 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 greater scrutiny to the connections between trial lawyers and politicians, which may help bring some balance back to the system.
If you have been diagnosed with mesothelioma or an asbestos-related disease, there's no reason to delay seeking legal counsel. The best mesothelioma lawyers will give you a no-cost consultation to discuss your case and determine the best course of action. Asbestos claims can take several months to process, so you need a lawyer who understands the complexities of the case and the best way to achieve results.