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Asbestos Litigation Cases – Individual Versus Class Action In certain cases plaintiffs choose to file individual lawsuits instead of group actions. Individual lawsuits can provide 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 time of 40-50 years, it could take a long time for victims to develop their illness. The History of Asbestos Litigation Asbestos suits are the longest-running mass tort in U.S. history. The federal and state courts began processing asbestos cases in the 1970s, following research that linked asbestos exposure with diseases such as mesothelioma and lung cancer. Many companies that mined, manufactured and supplied asbestos products knew of the dangers, but omitted or hid from these risks. In the end, a number of asbestos companies went bankrupt under the weight of lawsuits filed by victims and their families. The majority of companies that filed for bankruptcy created asbestos trust funds to compensate to victims. Although the vast majority of asbestos-related claims are settled out of court, a tiny amount of cases go to trial. In these instances, judges tend to be skeptical of defense arguments of the defendants. They often give large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the process of trial and have secured significant verdicts for mesothelioma victims. The complexity of an asbestos case is what makes it difficult to win. In a case involving asbestos plaintiffs must prove that their illness was directly caused through exposure to asbestos by the company. This requires a database that links workers, their work locations as well as their employers, the products they used, and their suppliers and vendors. The process of developing this information could take a long time, especially when a victim's work history is complicated. It could involve interviews with coworkers, family members and abatement workers, as well as suppliers, and other people who could be involved in the case. Expert witness testimony is required to support claims that asbestos-related illnesses have occurred. The majority of these experts are doctors with training in the pathology of asbestos-related diseases and who have reviewed the medical records of a patient. This is especially crucial in the case of mesothelioma which is a difficult disease to diagnose. Defense lawyers can also attempt to discredit experts based on their qualifications or background. This is a troubling trend that has been observed in recent years, as defendants are increasingly challenging world-wide scientific consensus that asbestos causes mesothelioma and other illnesses. The First Case Asbestos claims are different from other personal injury claims. The lawsuits are based on an uncommon disease that's caused by inhaling the tiny fibers, and later developing mesothelioma or a different asbestos-related disease. These injuries are often caused from exposure to asbestos at specific work places, like power stations, shipyards, and construction projects. Asbestos lawsuits are filed in a class-wide manner and not separately. This permits victims and their families to file a single complaint against multiple defendants and receive compensation from multiple sources of funds, which results in lower legal fees. The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on the deck of a British ship. The victim developed mesothelioma as a result of asbestos particles that he breathed in during the construction of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients, including the Royal Navy. Another case was filed by an employee at the dock who contracted mesothelioma as a result of exposure to asbestos emitted from the factories where he worked. The victim's spouse filed a lawsuit 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 found asbestos manufacturers strictly liable for any injuries suffered by workers (Borel v. Antioch asbestos lawyer ). The ruling increased the number of asbestos-related claims, putting asbestos manufacturers on notice that they might face litigation over their products. Lawyers representing a plaintiff 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 important to ensure that the lawsuit is in compliance with federal and state laws that relate to asbestos litigation. This includes those which govern asbestos disclosure procedures. The most important thing to do is to find an attorney with experience with mesothelioma. A reputable law office will offer a no-cost consultation and review the medical records of the client related to asbestos in order to determine whether they are eligible for an asbestos lawsuit. The Second Case Asbestos patients have received substantial awards in court, which are often more than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have received compensation for many reasons including psychological and physical harms caused by asbestos exposure. Researchers have found that asbestos workers are more likely to suffer from lung disease and lung damage than those who don't work with it. In the end, many law firms with extensive experience in asbestos litigation filed a significant number of mesothelioma lawsuits. This allowed firms to earn a profit and earn recognition for their expertise. However, this approach did not work for mesothelioma sufferers well. Many of these companies were able to handle more cases than they could handle and did not provide the proper medical support and representation that mesothelioma patients need. The defendants and insurance companies have also employed other strategies to fight asbestos claims. For example, the insurance industry argued that asbestos sufferers should be required to prove that the particular asbestos they were exposed to was the cause for their illness. This was a direct challenge to the principle of joint and multiple liability, which allows one plaintiff to be held responsible for all damages that result from exposure to asbestos by multiple defendants. This strategy was met with fierce opposition from mesothelioma patients and their lawyers, who claimed that it would be unfair for asbestos patients to be required to prove the exact cause of their illness in order to recover damages. This could also deter victims from bringing cases with legal firms that are reputable and force them to accept less than what their case is worth. The House of Lords ultimately sided with the victims and rejected arguments of insurers. However, this decision did not affect the large amounts of money that was paid to asbestos victims by the insurance industry. It is important to choose an asbestos compensation company that has a 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 lawsuits differ from other toxic tort cases because they involve serious injuries that have permanently changed the lives of those who were exposed to a deadly carcinogen. Mesothelioma is a form of cancer that affects the tissues surrounding internal organs, such as the lung. The cancer can also expand to the abdominal cavity as well as the chest wall, heart, and the brain. Since the disease can take decades to manifest, patients must often live in the knowledge that their condition is end-of-life. Many of those who have been affected by asbestos have experienced many financial burdens, as they have been forced to sell homes and medical bills and make other costly changes to their lives. In recent years, however numerous families of mesothelioma sufferers have taken to suing the asbestos-related companies and suppliers. products. The law permits compensation to be sought even when the company has filed for bankruptcy. Many of these companies have been forced to shut down and retire after paying out 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 claims has increased. Certain cases are being used to benefit specific lawyers and their clients. A New York City judge recently reversed a policy that was in place for a number of years to prevent punitive damages in relation to mesothelioma cases. 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. Although this was a single case, it has drawn the attention of many observers. Many believe that the case is a good indication of the fraudulent practices that are commonplace in asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver has brought more attention to the connections between trial attorneys and politicians. This may help to bring some stability to the system. If you have been diagnosed with mesothelioma or an asbestos-related illness, there's no reason to delay seeking legal representation. The most effective mesothelioma lawyers will offer a no-cost consultation in order to discuss your case with you and determine the best course-of-action. The process of filing an asbestos claim can take many months, so it is vital to engage an attorney who is familiar with the complexities involved and how to get results.