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Asbestos Litigation Cases – Individual Versus Class Action In certain cases plaintiffs choose to pursue individual lawsuits rather than group actions. Individual lawsuits may provide more compensation for mesothelioma and other asbestos-related diseases. Scientists have established that asbestos exposure can cause lung damage and causes disease. Because mesothelioma has an estimated latency of 40-50 years, it could take an extended time for patients to develop the disease. The History of Asbestos Litigation Asbestos lawsuits are the longest-running mass torts in U.S. history. Federal and state courts began processing asbestos cases in the 1970s, when medical research linked asbestos exposure with diseases such as mesothelioma and lung cancer. Many companies that mined, manufactured and sold asbestos products were aware of the dangers, but omitted or downplayed these risks. As a result, many asbestos companies filed for bankruptcy due to lawsuits brought by families of victims. The majority of companies that filed for bankruptcy set up asbestos trust funds to pay compensation to victims. A small percentage of asbestos-related cases are heard. In these cases, judges are often skeptical of defendants' arguments and will award large verdicts for victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and have secured significant verdicts for mesothelioma victims. However, the complexities of a case involving asbestos can make it difficult to win. In an asbestos-related case, plaintiffs have to prove that their condition was directly triggered by the company's exposure. This requires a comprehensive database linking workers, their job sites as well as their employer's names, the products they used, suppliers and vendors. This can take many years, especially if a victim's employment history is complicated. It could involve interviews with coworkers relatives and abatement workers, as well as suppliers and other parties who could potentially be responsible. The evidence in an asbestos case requires expert witness testimony to support the claims of an asbestos-related disease. These experts are usually doctors who have completed training in the diagnosis and pathology of asbestos-related illnesses, and have reviewed a patient's medical records. This is especially crucial in mesothelioma-related cases, as the disease can be very difficult to diagnose. Defense lawyers may also seek to discredit experts by attacking their credentials or qualifications. This is a troubling trend that has been observed in recent years as defendants are increasingly challenging worldwide scientific consensus that asbestos causes mesothelioma and other diseases. The First Case Asbestos claims are different from other personal injury claims. The lawsuits involve a rare illness that's caused by breathing in the microfibers and then developing mesothelioma or a different asbestos-related disease. These injuries typically result from exposure to asbestos at specific 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 being filed individually. This allows plaintiffs to bring a lawsuit against multiple defendants, and to receive compensation from different sources. The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on the deck of a British ship. The victim contracted mesothelioma after breathing asbestos particles that were released during the fabrication of ships at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients. Another early case was filed by an employee at the dock who contracted mesothelioma following exposure to asbestos emissions from the factories where the worker worked. The victim's widow filed an action against five companies that included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs and other industrial processes. Sterling Heights asbestos lawyers followed. In 1973, the Fifth Circuit Court of Appeals held asbestos manufacturers strictly accountable (Borel v. Fibreboard) for any injuries to workers. The decision increased the volume of asbestos-related claims. It also put asbestos manufacturers on notice that they could face litigation over their products. Lawyers representing plaintiffs in a suit involving asbestos must comprehend the intricate chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis, as as identifying potential defendants. It is also essential to ensure that the lawsuit is compliant with state and federal laws that are relevant to asbestos litigation. This includes the laws that govern asbestos disclosure procedures. One of the most crucial steps is choosing an attorney who is specialized in mesothelioma lawsuits. A reputable law office will provide a no-cost consultation and review the client's medical records related to asbestos to determine if they are eligible for a asbestos lawsuit. The Second Case Asbestos sufferers have won significant settlements 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 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 have lung diseases and damage than those who didn't work with it. In this way, a variety of law firms that had extensive experience in asbestos litigation filed massive mesothelioma lawsuits. This was a way for them to make a profit and be recognized for their expertise. This strategy was not beneficial to mesothelioma patients. Many of these companies were able to handle more cases than they could handle, and didn't provide the appropriate medical support and representation that mesothelioma patients deserve. The defendants and insurance companies have also used other tactics to fight asbestos claims. For example, argued that asbestos victims should be required to demonstrate that the asbestos they were exposed was responsible for their condition. This was a direct assault on the principle of joint and multiple liability, which permits plaintiffs to be held responsible for all damages resulting from exposure to asbestos by multiple defendants. This approach was met with a spirited opposition from mesothelioma sufferers and their lawyers, who claimed that it was unfair for asbestos patients to to prove the cause of their condition in order to be able to claim damages. This would also discourage victims from filing lawsuits with reliable law firms and force them to settle for less than their case is worth. In the final decision, the House of Lords sided with the victims, and dismissed the arguments of insurers. However, this decision did not affect the huge sums of money paid to asbestos victims by the insurance industry. This is why it is important 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 law firm. We also played a role in the first asbestos compensation case to court in 1972. The Third Case In contrast to most toxic tort lawsuits, asbestos cases involve severe injuries to people whose lives were irrevocably changed by exposure to a deadly carcinogen. Mesothelioma is a cancer of the tissues around organs inside, including the lung. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. Because the disease can be a long time to manifest, patients are often faced with the knowledge that their condition is end-of-life. Asbestos has led to financial hardship for many asbestos victims who have required the sale of their homes, pay medical bills and make other significant modifications to their lives. In recent times there have been numerous lawsuits filed by families against asbestos product manufacturers and suppliers. 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 in settlements to asbestos victims. But there are still plenty of plaintiffs who wish to sue those that remain. The number of asbestos lawsuits has actually increased. Certain cases have been manipulated by certain lawyers to benefit their clients. For example a judge in New York City recently made an order that reversed a longstanding policy against mesothelioma lawsuits that award punitive damages. This was on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients. Although it was a single instance, it has attracted the attention of many observers. Many people believe this case is a sign of the deceitful methods that have become a regular feature in many asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has brought greater attention to the ties between trial lawyers and politicians, which could help bring some balance back to the system. If you've been diagnosed with mesothelioma, or another asbestos-related illness, there is no time to lose in seeking legal advice. The best mesothelioma attorneys will provide a no-cost consultation in order to discuss your situation with you and decide on the best course-of-action. Asbestos claims can take a long time to process, which is why you require an attorney who knows the intricacies and the best way to achieve results.