20 Myths About Asbestos Litigation Cases Busted

Asbestos Litigation Cases - Individual Versus Class Action
In some instances plaintiffs are seeking individual lawsuits rather than an action in a group. Individual lawsuits can offer greater compensation for mesothelioma and other asbestos-related diseases.
Scientists have proven that exposure to asbestos can cause lung damage and causes disease. Because mesothelioma has an estimated latency of 40-50 years, it can take long for patients to develop the illness.
The History of Asbestos Litigation
Asbestos suits are among the longest-running mass torts in U.S. History. It was not until the 1970s when state and federal courts began processing asbestos cases, after medical research found links between exposure to asbestos and various illnesses, including mesothelioma, lung cancer, and other diseases such as asbestosis, pleural thickening, and pleural plaques.
Many companies who mined asbestos, produced asbestos products, and then sold asbestos products were aware of the dangers, but downplayed or ignored them. As a result, numerous asbestos-related companies were forced to close under the weight of lawsuits brought by victims and their families. Most of the companies who filed for bankruptcy set up asbestos trust funds to pay compensation to the victims.
A small percentage of asbestos-related cases are heard. In these cases judges are usually skeptical of the defense and often award large verdicts to the victims. Asbestos lawyers have successfully pushed thousands of cases through the court system and secured significant verdicts on behalf of mesothelioma sufferers.
The complexity of asbestos cases makes it difficult to win. In an asbestos case, plaintiffs have to prove that their illness was directly caused through exposure to asbestos by the company. This requires a thorough database linking workers, their work sites, their employer's names, the products they used, suppliers and vendors. This can take many years, especially if a victim's employment history is complex. Interviewing co-workers and family members as well as abatement employees suppliers, as well as other parties that could be responsible may be necessary.
The evidence in an asbestos-related case requires expert witness testimony to back the claims of an asbestos-related disease. These experts are usually doctors who have been trained in the pathology and diagnosis of asbestos-related diseases, and have reviewed the medical records of patients. This is especially important in mesothelioma-related cases, as the disease can be very difficult to diagnose.
Defense lawyers can also attempt to discredit experts based on their credentials or background. This is a worrying pattern that has been seen in recent years as defendants are increasingly challenging the worldwide scientific consensus that asbestos causes mesothelioma and other illnesses.
The First Case
Asbestos claims are different from other personal injury claims. The lawsuits are based on an uncommon disease that's caused by breathing in the tiny fibers, and later developing mesothelioma or another asbestos-related disease. These types of injuries are often caused by exposure to certain job sites, including shipyards, power plants and construction projects.
Asbestos lawsuits are filed in a group-wide manner, not individually. This permits victims and their families to file a single lawsuit against multiple defendants and receive compensation from a variety of sources of funds, resulting in lower legal fees.
The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on an British ship. The victim contracted mesothelioma from asbestos particles inhaled when constructing naval vessels at Harland and Wolff Plc. This company manufactured naval vessels for clients like the Royal Navy.
Another early case was filed by a dock worker who was diagnosed with mesothelioma as a result of exposure to asbestos emissions from the factories where he worked. The victim's widow filed a lawsuit against five companies, including Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs and other industrial processes.
Other cases were followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly responsible (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related lawsuits, putting asbestos manufacturers on notice that they might be sued over their products.
Lawyers for the plaintiff in an asbestos lawsuit need to understand the complicated chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnoses and identifying potential defendants. It is also important to ensure that the lawsuit is in compliance with the federal and state laws that are relevant to asbestos litigation. This includes laws that govern asbestos disclosure procedures.
The most important thing to do is to find an attorney who has expertise in mesothelioma. A reputable law office will offer a free consult and examine 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 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 victims have been awarded compensation for a variety of reasons including psychological and physical harms caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to suffer lung disease and damage than those who did not work with asbestos.
In Recommended Resource site , many law firms with a wealth of experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a way to be recognized and earn money. However, this strategy did not serve mesothelioma sufferers well. Many of these firms had more cases than they could handle, and did not provide the appropriate medical support and representation that mesothelioma sufferers deserve.
The defendants and insurers employed other strategies in order to combat asbestos claims. For instance, argued that asbestos victims should be required to show that the asbestos to which they were exposed was responsible for their condition. This was a direct attack on the principle of joint-and-several liability, which permits a plaintiff to be held accountable for all damages resulting from exposure to asbestos by multiple defendants.
Mesothelioma patients as well as their attorneys were adamantly against this strategy. They argued that it was unfair to demand asbestos patients to prove the reason for their illness before they could recover damages. This could deter patients from bringing lawsuits against reliable law firms and force them to settle for less than the case is worth.
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 given to asbestos victims by the insurance industry. This is why it is essential to select an asbestos compensation law firm that is well-known for its expertise and skill. Thompsons Solicitors have handled and won more asbestos claims than any other law firm. We were also responsible for the first asbestos compensation claim to court in 1972.
The Third Case
Contrary to the majority of toxic tort lawsuits, asbestos cases result in very serious injuries to people who's lives were forever altered by exposure to a deadly carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs such as the lung. The cancer can also expand to the abdominal cavity, chest wall, heart, and the brain. Because the disease may take years to manifest, victims must often live in the knowledge that their condition is fatal. Many who have been affected by asbestos have experienced a great deal of financial hardship, since they were forced to sell their homes and medical bills and make other costly changes to their lives.
In recent years, however, many mesothelioma patients' families have taken to suing the manufacturers and suppliers of asbestos products. This is because the law allows individuals to seek damages compensation even after their businesses have filed for bankruptcy.
Many of these companies have been forced to close and retire after paying billions of dollars in settlements to asbestos victims. However, there are a lot of plaintiffs who want to sue those that remain. The number of asbestos claims has actually increased.
Some of these cases have been manipulated by certain lawyers to gain their clients. A New York City judge recently overturned a policy that was in effect for a long time against punitive damages related to mesothelioma lawsuits. 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.
Although it was a single case, it has drawn the attention of many observers. Many people believe the case is an indicator of the shady tactics that have become common in asbestos lawsuits. The corruption scandal surrounding the 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.
You should seek legal representation immediately if diagnosed with mesothelioma or another asbestos-related disease. The best mesothelioma attorneys will provide a no-cost consultation in order to discuss your situation with you and determine the best strategy for you. The process of filing an asbestos claim can take many months, which is why it is crucial to work with an attorney who is familiar with the intricacies involved and knows how to get results.