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Asbestos Litigation Cases – Individual Versus Class Action In certain cases plaintiffs are seeking individual lawsuits, rather than the traditional class action. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma. Scientists have proved that exposure to asbestos can lead to lung diseases and damage. It can take several years for mesothelioma sufferers to develop the disease because of its 40-50 year latency time. The History of Asbestos Litigation Asbestos suits are among the longest-running mass torts in U.S. History. It was not until the 1970s that state and federal courts began investigating asbestos cases, following medical research found links between exposure to asbestos and various illnesses, including mesothelioma, lung cancer, and various other illnesses like asbestosis, pleural thickening and plaques in the pleura. Many companies that mined asbestos, manufactured asbestos-based products, and sold asbestos products were aware of the dangers, but downplayed or ignored them. Many asbestos companies filed for bankruptcy because of the lawsuits brought by victims and family members. The majority of companies that declared bankruptcy had asbestos trust funds to compensate to the victims. A small number of asbestos-related cases are tried. If this happens judges are usually skeptical of the defense and will award large verdicts for victims. Asbestos lawyers have successfully pushed thousands of cases through the process of trial and have secured significant verdicts for mesothelioma patients. The complexity of asbestos cases can be difficult to win. In a lawsuit for asbestos, plaintiffs must prove their illness is directly caused through exposure to the hazardous substance. This requires a database that links workers, their work locations and employers, as well as the products they used and their suppliers and vendors. The process of creating this data can take years, especially when a victim's employment history is complex. Interviewing family members and coworkers, abatement employees suppliers, and other parties who could be responsible may be required. The evidence in an asbestos-related case requires expert witness testimony to support claims of an asbestos-related illness. These experts are usually 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 especially crucial for mesothelioma cases, which is a difficult disease to diagnose. The defendants can also try to discredit experts based on their qualifications or background. This is a worrying trend that has been noticed in recent years as defendants are increasingly challenging the worldwide scientific consensus that asbestos is the cause of mesothelioma and other illnesses. The First Case Asbestos claims differ from other personal injury claims. The lawsuits are based on an uncommon disease that's caused by breathing in tiny fibers, and later developing mesothelioma or another asbestos-related disease. These injuries usually result by exposure to asbestos in certain workplaces, including shipyards, power stations and construction projects. In contrast to other types of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than individually. This permits victims and their families to file a single suit against multiple defendants and receive compensation from several sources of money, resulting in lower legal fees. A seamstress exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim contracted mesothelioma from asbestos particles inhaled during the construction of naval vessels at Harland and Wolff Plc. The company produced naval vessels for clients like the Royal Navy. Tucson asbestos lawyer was filed by a dock worker who was diagnosed with mesothelioma after exposure to asbestos emitted from the factories in which the worker worked. The widow of the victim filed a lawsuit against five companies, including Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs as well as other industrial processes. Other cases followed. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related claims. It also put asbestos manufacturers on notice that they might be sued 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 diagnoses and identifying potential defendants. It is also essential to ensure that the lawsuit is compliant with the federal and state laws that are relevant to asbestos litigation. This includes those 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 provide a no-cost consultation and examine the client's medical records related to asbestos to determine whether they are eligible for an asbestos lawsuit. The Second Case Asbestos patients have received substantial payouts in court, and these are often higher than what they would receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for various reasons that include the psychological and physical damage caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung diseases and lung damage than those who don't work with asbestos. In this way, a variety of law firms with years of experience in asbestos litigation filed large mesothelioma lawsuits. This allowed firms to earn a profit and be recognized for their expertise. This approach was not beneficial to mesothelioma patients. These firms took on many more cases than they were able to manage and did not provide the medical assistance and representation that mesothelioma sufferers need. The defendants and insurance companies have also used other tactics to combat asbestos claims. The insurance industry, for instance, believed that asbestos victims should be required show that the asbestos to which they were exposed was responsible for their condition. This was a direct attack on the concept of joint-and-several liability, which allows the plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants. Mesothelioma patients as well as their attorneys were strongly against this strategy. They claimed that it was unfair to require asbestos victims to prove the root cause for their illness before they can claim damages. This could deter patients from filing lawsuits with reputable law offices and force them to settle for less than the case is worth. The House of Lords ultimately sided with the victims and rejected arguments of insurers. The decision did not affect the large sums of money paid by the insurance industry to asbestos victims. This is why it is essential to choose an asbestos compensation law firm that is well-known for its skill and expertise. Thompsons Solicitors has run, and won more asbestos claim cases than any other UK law firm. We were also the ones responsible for bringing to court the first asbestos compensation case that was successful. The Third Case Contrary to the majority of toxic tort lawsuits, asbestos cases can result in very serious injuries to people whose lives were irrevocably changed due to exposure to a dangerous carcinogen. Mesothelioma affects the tissues surrounding internal organs, like the lungs. The cancer can also spread to the chest wall, abdominal cavity and even the brain. Since the disease can take years to manifest, sufferers must often live knowing that their condition is terminal. Many of those who have been affected by asbestos have endured a great deal of financial hardship, as they have been forced to sell their homes and pay medical bills and make other expensive changes to their lives. In recent years, however many families of mesothelioma victims have taken to suing the suppliers and manufacturers of asbestos products. The law allows for compensation to be sought even when the company has filed for bankruptcy. Many of these firms have been forced to close and retire after paying billions in settlements to asbestos victims. There are still many plaintiffs who wish to sue the remaining companies. In fact, the number of new asbestos lawsuits has risen. Some of these cases are being used to benefit certain attorneys and their clients. For instance, a judge in New York City recently made a ruling that reversed the long-standing policy against mesothelioma lawsuits involving punitive damages. This was on the advice of an attorney for Garlock Gasket, a bankrupt asbestos producer that has been sued by more than 30 mesothelioma victims. Although it was a single case, it has drawn the attention of many observers. Many believe that the case is an indicator of the shady practices that are common in asbestos lawsuits. The corruption scandal involving the former New York Assembly Speaker Sheldon Silver has brought more attention to the links between trial attorneys and politicians. This may help to bring some stability to the system. If you've been diagnosed with mesothelioma, or another asbestos-related illness, there's no time to lose in seeking legal advice. The top mesothelioma attorneys will give you a no-cost consultation to discuss your case and determine the best course of action. The process of filing an asbestos claim can take a few months, which is why it is essential that you choose an attorney who is familiar with the complexities involved and how to get results.