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Asbestos Litigation Cases – Individual Versus Class Action In certain cases plaintiffs are pursuing individual lawsuits, rather than an action in a group. Individual lawsuits may provide more compensation for mesothelioma and other asbestos-related diseases. Researchers have discovered that exposure to asbestos causes lung damage and disease. Because mesothelioma sufferers have a latency period of 40-50 years, it may take long for patients to develop their illness. The History of Asbestos Litigation Asbestos suits are the longest-running mass torts in U.S. History. The federal and state courts began processing asbestos cases in the 1970s, when medical research linked asbestos exposure with diseases like mesothelioma and lung cancer. Many companies that mined asbestos, made asbestos products, and then sold asbestos products were aware of the dangers, but hid or brushed them aside. As a result, many asbestos companies filed for bankruptcy under the weight of lawsuits filed by the families of victims. Most of the companies who filed for bankruptcy set up asbestos trust funds to pay compensation to victims. A small percentage of asbestos-related cases are heard. When this happens judges are usually skeptical of defendants' arguments and may award substantial verdicts to the victims. Asbestos lawyers have successfully pushed thousands of cases through the court system and secured significant verdicts on behalf of mesothelioma patients. However, the complexities of an asbestos lawsuit can make it difficult to be successful. In a lawsuit for asbestos plaintiffs must show that their illness was caused through exposure to the dangerous substance. This is a requirement for a database that ties workers, their work locations and employers, as well as the products they used and their suppliers and vendors. The process of developing this data can take years, especially when a victim's history of work is complicated. Interviewing family members and coworkers as well as abatement employees suppliers, as well as other parties that could be responsible may be necessary. Expert witness testimony is also required to prove that asbestos-related diseases have occurred. Often, these expert witnesses are doctors with training in the pathology of asbestos-related diseases and who have analyzed an individual's medical records. This is especially crucial for mesothelioma cases, which can be difficult to detect. Defendants can also try to discredit experts through their background or qualifications. In recent time, defendants have been challenging the scientific consensus that mesothelioma is caused by asbestos. The First Case Asbestos lawsuits are distinct from other types of personal injury claims. The lawsuits involve an uncommon illness that is caused by breathing in tiny fibers, and later developing mesothelioma or another asbestos-related disease. These injuries are often caused by exposure to asbestos at specific workplaces, including power stations, shipyards and construction projects. In contrast to other types of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than individually. This allows the victims and their families to file a single lawsuit against multiple defendants and receive compensation from multiple sources of money, resulting in lower legal costs. A seaman exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. The victim developed mesothelioma as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients such as the Royal Navy. Another case was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos emitted from the factories where the worker worked. The victim's wife filed a suit 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 held asbestos manufacturers strictly accountable (Borel v. Fibreboard) for any injuries to workers. The decision has increased the number of asbestos-related lawsuits, and asbestos manufacturers were warned that they could face litigation for their products. Lawyers representing plaintiffs in a lawsuit involving asbestos must comprehend the intricate chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also essential to ensure that the lawsuit is compliant with the federal and state laws that relate to asbestos litigation. This includes the laws that govern asbestos disclosure procedures. The most important step is to locate an attorney who has experience in mesothelioma. A reputable law office will offer a free consult and will review the medical records of the client related to asbestos in order to determine whether they are eligible for a lawsuit against asbestos. The Second Case Asbestos victims have received significant payouts in court, which are often higher than what they would receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons including the psychological and physical damage caused by asbestos exposure. Researchers proved that people who worked with asbestos were more likely to develop lung damage and disease than those who did not work with it. This is why a number of law firms with a wealth of experience in asbestos litigation filed a large number of mesothelioma lawsuits. This was a method for firms to earn money and gain recognition for their expertise. This method was not helpful for mesothelioma patients. The firms were able to take on more cases than they were able to handle and did not offer the medical assistance and representation that mesothelioma sufferers need. The defendants and insurers also used other tactics in order to combat asbestos claims. Insurance companies, for instance, believed that asbestos victims should be required demonstrate that the asbestos they were exposed was responsible for their health. This was a direct assault on the principle of joint and multiple liability, which allows the plaintiff to be held liable for all damages resulting from asbestos exposure by multiple defendants. This approach was met with a fierce restraining from mesothelioma sufferers and their lawyers, who argued that it was unfair for asbestos victims to have to prove the cause of their condition in order to be able to claim damages. Additionally, it could dissuade victims from filing claims with reliable law firms and could force them to settle their cases at a lower price than they should. In the end the House of Lords sided with the victims, and rejected the arguments of insurers. The decision did not affect the massive sums paid by the insurance industry to asbestos victims. This is why it is crucial to select an asbestos compensation law firm that is well-known for its skill and expertise. Thompsons Solicitors have handled and won more asbestos compensation cases than any other UK-based law firm. We were also responsible in 1972 for bringing before the court the first successful asbestos compensation case. The Third Case Unlike most toxic tort lawsuits, asbestos cases result in extremely serious injuries to those who's lives were permanently altered through exposure to a fatal carcinogen. Mesothelioma affects the tissues surrounding internal organs, such as the lung. It can also spread to the chest wall, abdominal cavity as well as the brain and heart. The cancer can take years to manifest, and sufferers are often forced to live with the knowledge of their terminal condition. Bridgeport asbestos attorneys of those who have been affected by asbestos have endured many financial hardship, as they have been forced to sell homes and pay medical bills and make other costly changes to their lives. In recent years, however there have been numerous lawsuits filed by families against asbestos product suppliers and manufacturers. The law permits compensation to be sought even if the company has filed for bankruptcy. Many of these companies have been forced to shut down and retire after paying billions in settlements to asbestos victims. But there are still plenty of plaintiffs who want to sue the remaining companies. In fact, the number of new asbestos lawsuits has increased. Certain cases have been manipulated by certain attorneys to gain their clients. A New York City judge recently changed a rule that was in place for a number of years to prevent punitive damages when it comes to mesothelioma lawsuits. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients. This was a single instance, but it drew the attention of many. Many believe that the case is an indication of the fraudulent practices that are common in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more attention to the ties between trial lawyers and politicians, which could help bring balance to the system. You should seek legal representation immediately if diagnosed with mesothelioma or another asbestos-related disease. The most reputable mesothelioma attorneys will offer a no-cost consultation in order to discuss your situation with you and determine the best course-of-action. Asbestos claims can take several months to process, which is why you need a lawyer who knows the intricacies and how to get results.