One Asbestos Litigation Cases Success Story Youll Never Imagine

Asbestos Litigation Cases - Individual Versus Class Action
In certain cases plaintiffs choose to file individual lawsuits over class actions. Individual lawsuits can provide greater compensation for mesothelioma and other asbestos-related injuries.
Scientists have proven that exposure to asbestos causes lung damage and diseases. Since mesothelioma is a disease with a latency period of 40-50 years, it can take an extended time for patients to develop the disease.
The History of Asbestos Litigation
Asbestos suits have been the longest-running mass torts in U.S. History. The federal and state courts began processing asbestos cases in the 1970s, after medical research connected asbestos exposure to diseases such as mesothelioma and lung cancer.
Many companies who mined asbestos, produced asbestos-based products, and sold asbestos products knew about the dangers but downplayed or ignored them. In the end, a number of asbestos companies filed for bankruptcy under the weight of lawsuits filed by families of victims. Most of the companies who declared bankruptcy had asbestos trust funds as compensation to the victims.
While the majority of asbestos-related claims settle out of court, a small number of cases go to trial. When this happens judges are usually skeptical of defendants' arguments and will award large verdicts for victims. Asbestos attorneys have successfully moved thousands of cases through the court process and obtained significant verdicts for mesothelioma sufferers.
However, the complexity of a case involving asbestos can make it difficult to win. In a lawsuit for asbestos plaintiffs must prove that their illness is directly caused by a company's exposure to asbestos, a dangerous substance. This requires a comprehensive database linking workers, their work sites, their employer's names, products they used, suppliers and vendors. This process can take many years, especially if a victim's employment history is complex. Buena Park asbestos lawyers could involve a thorough interview with coworkers or family members, abatement workers, suppliers and other parties who could potentially be responsible.
The evidence in an asbestos-related case requires expert witness testimony to support claims of asbestos-related illness. These expert witnesses are often physicians who have received training in the diagnosis and pathology 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 extremely difficult to detect.
The defendants can also try to discredit experts by pointing out their qualifications or background. This is a worrying trend that has been observed in recent years, as defendants are increasingly challenging the worldwide scientific consensus that asbestos causes mesothelioma and other diseases.
The First Case
Asbestos claims are different from other personal injury claims. The lawsuits are based on an uncommon illness that is caused by breathing in the microscopic fibers and subsequently developing mesothelioma or a different asbestos-related disease. These injuries are often caused from exposure to asbestos at specific work places, like power stations, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide manner and not separately. This permits victims to bring an action against several defendants, and receive compensation from various sources.
The first mesothelioma lawsuit was filed in 1927 by a seaman who was exposed to asbestos while working on an British ship. The victim was diagnosed with mesothelioma following inhaling asbestos-containing particles during the fabrication of ships at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients.
Another early case was filed by a dock worker who was diagnosed with mesothelioma following exposure to asbestos emissions from the factories in which the worker worked. The victim's spouse 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.
The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries to workers (Borel v. Fibreboard). The decision increased the number of asbestos-related lawsuits, and asbestos manufacturers were put on notice that they could be sued for their products.
Lawyers for a plaintiff in an asbestos lawsuit have to comprehend the complex chain of exposure. This includes determining the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also crucial to ensure that the lawsuit is compliant with 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 with experience in mesothelioma. A reputable law firm will offer an initial consultation for free and will review the medical records of the patient that relate to asbestos to determine eligibility for an asbestos lawsuit.
The Second Case
Asbestos victims have received significant settlements in court. These awards are often more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos sufferers have been awarded compensation for many reasons, including physical and psychological damage caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer lung disease and lung damage as compared to those who do not work with it.
This is why a number of law firms with a wealth of experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This was a way for firms to earn money and earn recognition for their expertise. This strategy was not beneficial to mesothelioma sufferers. These firms took on many more cases than they could handle and did not offer the medical assistance and representation that patients suffering from mesothelioma deserve.
Insurance companies and defendants have employed various strategies to combat asbestos claims. For example, the insurance industry argued that asbestos sufferers must be required to prove the particular asbestos they were exposed to caused for their condition. This was a direct attack on the concept of joint-and-several liability, which permits a plaintiff to be held accountable for all damages that result from asbestos exposure by multiple defendants.
Mesothelioma patients and their lawyers were strongly opposed to this approach. They claimed that it was unfair to require asbestos sufferers to prove the exact reason for their illness before they can claim damages. This could deter patients from bringing cases with legal firms that are reputable 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. This ruling did not impact the huge sums of money paid by the insurance industry to asbestos victims. This is why it is important to choose an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos claims than any other UK-based law firm. We also were responsible for bringing the first-ever successful asbestos compensation claim to court in 1972.
The Third Case
Unlike most toxic tort lawsuits, asbestos cases can result in severe injuries to people whose lives were irrevocably changed by exposure to a deadly carcinogen. Mesothelioma is a form of cancer that affects the tissues that surround internal organs such as the lungs. The cancer can also spread to the chest wall, abdominal cavity, brain, and heart. The cancer can take years to manifest, and sufferers are often left to endure the knowledge of their degenerative condition. Asbestos has led to financial hardship for asbestos-related victims who required the sale of their homes, pay for medical expenses and make other significant adjustments to their lives.
In recent years, however, numerous families of mesothelioma sufferers have taken to suing the suppliers and manufacturers of asbestos products. This is due to the fact that the law allows people to seek compensation for their losses even after their businesses have filed for bankruptcy.
After paying billions of dollars in settlements to asbestos victims, a number of these companies were forced to shut down or close. There are still many plaintiffs seeking to pursue the remaining companies. The number of asbestos lawsuits has actually increased.
Certain cases are being manipulated to benefit certain attorneys and their clients. A New York City judge recently changed a rule that was in effect for a number of years to prevent punitive damages when it comes to mesothelioma cases. This was done on the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients.
Although it was a single case, it has drawn the attention of many observers. Many believe that the case is an indication of the fraudulent practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the links between trial lawyers and politicians, which could help restore some balance to the system.
If you've been diagnosed with mesothelioma or another asbestos-related disease, there's no time to lose in seeking legal representation. The best mesothelioma attorneys will provide a no-cost consultation to discuss your case with you and decide on the best course-of-action. Asbestos claims can take a long time to be processed, so you need a lawyer who is knowledgeable about the complexities and how to get results.