The 3 Greatest Moments In Asbestos Litigation Cases History
Asbestos Litigation Cases - Individual Versus Class Action
In some instances, plaintiffs prefer to pursue individual lawsuits rather than collective actions. Individual lawsuits can offer greater compensation for mesothelioma as well as other asbestos-related diseases.
Scientists have proven that exposure to asbestos causes lung damage and diseases. Because mesothelioma has a latency period of 40-50 years, it could take a long time for victims to develop the disease.
The History of Asbestos Litigation
Asbestos lawsuits are among the longest-running mass tort in U.S. history. State and federal courts began processing asbestos cases in the 1970s after medical research connected asbestos exposure with diseases like mesothelioma and lung cancer.
Many companies that mined asbestos, made asbestos products, and then sold them knew the dangers but hid or brushed them aside. As a result, numerous asbestos companies went bankrupt due to 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.
While Hampton asbestos lawyer of asbestos-related claims settle out of court, a tiny amount of cases go to trial. In these cases, judges tend be skeptical of defense arguments of the defendants. They will often give large verdicts to victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and have secured significant verdicts on behalf of mesothelioma patients.
However, the complexities of an asbestos case can make it difficult to win. In an asbestos-related case, plaintiffs have to demonstrate that their illness was directly caused through exposure to asbestos by the company. This requires a database that connects workers, their work locations, their employers, the products they used and their suppliers and vendors. This can take many years, especially if a victim's employment history is complex. It could involve interviews with coworkers or family members, abatement workers, suppliers and other parties who could be involved in the case.
The evidence in an asbestos case requires expert witness testimony to back claims of an asbestos-related illness. These expert witnesses are often physicians who have received training in the pathology and diagnosis of asbestos-related diseases and have reviewed the medical records of a patient. This is especially important in mesothelioma-related cases, as the disease can be very difficult to identify.
Defendants can also try to discredit experts based on their background or qualifications. In recent times defendants have questioned the scientific consensus that mesothelioma is caused due to asbestos.
The First Case
Asbestos lawsuits are distinct from other types of personal injury claims. The lawsuits concern an uncommon disease that's caused by inhaling the microfibers and then developing mesothelioma, or another asbestos-related disease. These kinds of injuries are usually caused by exposure at certain workplaces, including power plants, shipyards, and construction projects.
Asbestos lawsuits are filed in a class-wide fashion and not in a single instance. This allows victims to file an action against several defendants, and receive compensation from different sources.
A man who was exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma after inhaling asbestos particles emitted during the fabrication of vessels at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients.
A dock worker filed a claim in the early 1990s after suffering from mesothelioma after exposure to asbestos emitted by the factories where he was employed. The victim's spouse filed a lawsuit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both made asbestos-containing valves for oil drilling 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 to be completely responsible for any injuries suffered by workers (Borel v. Fibreboard). The decision increased the volume of asbestos-related lawsuits, putting asbestos manufacturers on notice that they might face litigation over their products.
Lawyers for the plaintiff in an asbestos lawsuit need to understand the complicated chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis as well in identifying the potential defendants. It also requires making sure that the lawsuit is compliant with the state laws and federal regulations that govern asbestos litigation, including the asbestos discovery procedures.
One of the most crucial steps is to choose an attorney that specializes in mesothelioma cases. A reputable law firm will offer a no-cost consultation and will review the client's medical records related to asbestos to determine if they are eligible for an asbestos lawsuit.
The Second Case
Asbestos sufferers have gotten significant court awards. These awards are typically more than the settlements provided by asbestos trust funds or mesothelioma. Asbestos victims have been compensated for a variety of reasons that include the psychological and physical damage caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to develop lung diseases and damage than those who did not work with it.
As a result, many law firms that had extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. It was a method to be recognized and earn money. This strategy was not beneficial for mesothelioma patients. These companies took on more cases than they could handle and didn't provide the medical assistance and representation that patients suffering from mesothelioma deserve.
The defendants and insurance companies have also employed other strategies to stop asbestos claims. For example, argued that asbestos victims should be required to show that the asbestos to which they were exposed was responsible for their health. This was a direct assault on the principle of joint and multiple liability, which allows plaintiffs to be held liable for all damages resulting from asbestos exposure by multiple defendants.
This strategy was met with a spirited opposition from mesothelioma sufferers and their lawyers, who argued that it would be unfair for asbestos sufferers to have to prove the cause of their illness in order to be able to claim damages. This would also discourage victims from bringing lawsuits against legal firms that are reputable and make them accept less than what their 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 huge amounts of money that was paid to asbestos victims by the insurance industry. It is crucial to select an asbestos compensation company with a good reputation for proficiency and competence. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also the ones responsible for bringing before the court the first successful asbestos compensation case.
The Third Case
Asbestos cases differ from other toxic tort cases because they result in serious injuries that have forever changed the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a type of cancer that affects the tissues surrounding internal organs such as the lungs. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. Because the disease can take years to manifest, victims must often live knowing that their condition is end-of-life. Asbestos has led to financial hardship for many asbestos sufferers, who have been forced to sell their homes, pay for medical expenses and make other costly modifications to their lives.
In recent years, however, many mesothelioma patients' families have decided to sue manufacturers and suppliers of asbestos products. The law allows compensation to be sought even when the company has filed for bankruptcy.
Many of these companies have been forced to close and retire after paying billions in settlements to asbestos victims. There are still many plaintiffs who wish to pursue the remaining companies. The number of asbestos claims has actually increased.
Some of these cases are being used to benefit certain lawyers and their clients. A New York City judge recently changed a rule that was in place for a long time against punitive damages in relation to mesothelioma lawsuits. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients.
It was only one instance, but it drew the attention of a lot. Many believe the case is an indication of the shady methods that have become a regular feature in a variety of asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver attracted more attention to the connections between trial lawyers and politicians. This may help to bring some balance to the system.
You should seek legal representation immediately if you have been diagnosed as having mesothelioma, or another asbestos-related disease. The most reputable mesothelioma lawyers will provide you with a no-cost consultation to discuss your case and determine the best course of action. Asbestos claims can take months to be processed, so you require an attorney who knows the intricacies and the best ways to achieve results.