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Asbestos Litigation Cases – Individual Versus Class Action In some cases plaintiffs are pursuing individual lawsuits rather than an action in a group. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related injuries. Scientists have proven that exposure to asbestos causes lung damage and disease. It could take a long time for mesothelioma patients to develop the disease due to its 40-50 year latency time. The History of Asbestos Litigation Asbestos lawsuits are the longest-running mass tort in U.S. history. The federal and state courts first began to handle asbestos cases in the 1970s when medical research linked asbestos exposure to illnesses like mesothelioma or lung cancer. Many companies that mined, produced and sold asbestos products were aware of the dangers, but omitted or minimized the risks. In the end, a number of asbestos-related companies were forced to close under the weight of lawsuits filed by families of victims. The majority of the companies who filed for bankruptcy put asbestos trust funds to compensate victims. A small number of asbestos-related cases are tried. When this happens judges are usually skeptical of defendants' arguments and often award large verdicts to the victims. Asbestos lawyers have successfully moved thousands of cases through the court process and secured significant verdicts for mesothelioma patients. The complexity of asbestos cases can be difficult to win. In a lawsuit involving asbestos, plaintiffs must prove their illness is directly caused by exposure to asbestos, a dangerous substance. This is a requirement for a database that ties workers, their work locations, their employers, the products they used and their suppliers and vendors. This can take many years, particularly if the victim's employment history is complicated. Interviewing family members, coworkers, abatement employees suppliers, and other parties who could be accountable may be necessary. The evidence in an asbestos case requires expert witness testimony to back claims of asbestos-related illness. Expert witnesses are typically doctors who have completed training in the diagnosis and pathology of asbestos-related diseases, and have reviewed a patient's medical records. This is especially important in mesothelioma cases, where the disease can be very difficult to identify. Defendants can also try to discredit experts by pointing out their background or qualifications. In recent time defendants have challenged the scientific consensus that mesothelioma is caused by asbestos. The First Case Asbestos lawsuits differ from other personal injury claims. Inhaling asbestos fibers can lead to a rare disease called mesothelioma or other asbestos-related illnesses. These injuries typically result by exposure to asbestos at certain workplaces, including power stations, shipyards and construction projects. Asbestos lawsuits are filed in a group-wide manner and not in a single instance. This permits victims to bring a lawsuit against multiple defendants, and to receive compensation from different sources. A seaman exposed to asbestos on a British vessel in 1927 filed the first mesothelioma suit. Akron asbestos lawyer developed mesothelioma as a result of asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients such as the Royal Navy. Another case was filed by an employee at the dock who contracted mesothelioma as a result of exposure to asbestos emissions from the factories where he worked. The victim's widow filed a lawsuit against five companies that included Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs 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 led to an increase in asbestos-related lawsuits. As a result, asbestos manufacturers were put on notice that they could face litigation for their products. Lawyers representing a plaintiff in a suit involving asbestos must understand the complex chain of exposure. This includes determining the victim's exposure and mesothelioma diagnosis as well as identifying the potential defendants. It is also essential to ensure that the lawsuit is compliant with the federal and state laws that pertain to asbestos litigation. This includes laws that govern asbestos disclosure procedures. One of the most crucial steps is choosing an attorney who specializes in mesothelioma lawsuits. A reputable law firm will offer an initial consultation for free and will review the client's asbestos-related medical records to determine whether they are eligible for a lawsuit involving asbestos. The Second Case Asbestos victims have received significant awards in court, and these are often higher than what they would receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have been compensated for various reasons including the physical and psychological damages caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to suffer lung diseases and damage than those who didn't work with asbestos. In the end, many law firms with a wealth of experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a way to be recognized and earn money. This strategy was not beneficial to mesothelioma patients. Many of these firms were able to handle more cases than they could handle, and did not provide the proper medical support and representation that mesothelioma sufferers deserve. Insurance companies and defendants have employed various strategies to fight asbestos claims. The insurance industry, for example, argued that asbestos victims should be required show that the asbestos to which they were exposed to was the cause for their health. This was a direct assault on the principle of joint-and-several liability, which allows a plaintiff to be held responsible for all damages that result from asbestos exposure by multiple defendants. This approach was met with a spirited opposition from mesothelioma patients and their lawyers, who claimed that it would be unfair for asbestos patients to have to prove the cause of their illness in order to claim damages. Additionally, it could hinder people from filing claims with reliable law firms and could make them settle their cases at a lower price than they should. In the final decision the House of Lords sided with the victims, and rejected the insurers' arguments. The ruling did not affect the massive sums that insurance companies pay to asbestos victims. It is essential to choose an asbestos compensation company that has a reputation for competence and expertise. Thompsons Solicitors have handled and won more asbestos compensation cases than any other law firm. We were also responsible in 1972 for bringing to court the first successful asbestos compensation case. The Third Case In contrast to most toxic tort lawsuits, asbestos cases involve extremely serious injuries to those who's lives were forever altered through exposure to a fatal carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs, such as the lung. It can also spread to the abdominal cavity, chest wall and even the brain. The cancer can take years to manifest, and sufferers are often forced to endure the knowledge of their terminal condition. Many of those who have been affected by asbestos have experienced a great deal of financial burdens, because they've been forced to sell their homes and medical bills and make other costly adjustments to their lives. In recent years, however, many families have sued asbestos product suppliers and manufacturers. The law allows 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 out billions in settlements to asbestos victims. However, there are a lot of plaintiffs who wish to sue those that remain. In fact the number of asbestos lawsuits has increased. Certain cases are being manipulated to benefit certain attorneys and their clients. A New York City judge recently overturned a policy that was in place for a number of years to prevent punitive damages related to mesothelioma cases. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma victims. This was a single instance, but it caught the attention of a lot. Many people believe the case is an indication of the deceitful methods that have become a regular feature in a variety of asbestos lawsuits. The corruption scandal that afflicted former New York Assembly Speaker Sheldon Silver has brought greater scrutiny to the connections 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's no reason to delay seeking legal counsel. The most effective mesothelioma lawyers will offer a no-cost consultation to discuss your case with you and decide on the best course-of-action. Asbestos claims can take months to be processed, so you need a lawyer who knows the intricacies and the best ways to achieve results.