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Asbestos Litigation Cases – Individual Versus Class Action In some instances plaintiffs are seeking individual lawsuits rather than an action in a group. Individual lawsuits can provide greater compensation for injuries caused by asbestos and mesothelioma. Scientists have proved that exposure to asbestos can lead to lung diseases and damage. It could take a long time for mesothelioma patients to develop the disease due to its 40-50 year latency period. The History of Asbestos Litigation Asbestos suits are among the longest-running mass torts in U.S. History. The federal and state courts first began to handle asbestos cases in the 1970s when medical research linked asbestos exposure with illnesses like mesothelioma or lung cancer. Many companies who mined asbestos, produced asbestos products, and supplied asbestos products were aware of the dangers, but ignored or minimized the dangers. In the end, a number of asbestos companies went bankrupt under the weight of lawsuits brought by families of victims. Most of the companies who filed for bankruptcy set up asbestos trust funds as compensation to victims. While the majority of asbestos-related claims settle out of court, a small number of cases go to trial. In these cases, judges tend be skeptical of the defenses of the defendants. They will often award large verdicts to victims. Asbestos lawyers have successfully pushed thousands of cases through the court system and obtained significant verdicts on behalf of mesothelioma patients. The complex nature of asbestos lawsuits is what makes it difficult to win. In a lawsuit for asbestos plaintiffs must show that their illness is caused directly by a company's exposure to asbestos, a dangerous substance. This requires a comprehensive database linking workers, their workplaces, their employer's names, products they used, their suppliers and vendors. This process could take several years, especially if a victim's work history is complex. 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 diseases have occurred. These experts are usually doctors who have been trained in the diagnosis and pathology of asbestos-related diseases and have reviewed a patient's medical records. This is particularly important in mesothelioma-related cases, as the disease is often difficult to identify. Defense lawyers may also seek to undermine experts by pointing out their background or their professional qualifications. This is a worrying pattern that has been seen in recent years, as defendants are increasingly challenging the global scientific consensus that asbestos is the cause of mesothelioma and other illnesses. The First Case Asbestos claims are different from other personal injury claims. Inhaling asbestos fibers can lead to mesothelioma, which is a rare illness, or other asbestos-related diseases. Sunnyvale asbestos lawsuits of injuries are often caused by exposure to certain workplaces, including power plants, shipyards, and construction projects. In contrast to other types of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than being filed individually. This allows plaintiffs to file an action against several defendants and receive compensation from various sources. A man who was exposed to asbestos on a British vessel in 1927 filed the first mesothelioma lawsuit. The victim contracted mesothelioma after inhaling asbestos-containing particles when constructing ships at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients. A dock worker filed a case in the early 1990s after developing mesothelioma as a result of exposure to asbestos emitted by the factories in which he worked. The victim's wife filed a suit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both made asbestos-containing valves for oil drilling rigs, industrial processes and other industrial processes. Other cases followed. In 1973, the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any injuries suffered by workers (Borel v. Fibreboard). The decision led to an increase in asbestos-related lawsuits, and asbestos manufacturers were put on notice that they could be sued for their products. Lawyers representing a plaintiff in a suit 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 in compliance with federal and state laws that relate to asbestos litigation. This includes those that govern asbestos disclosure procedures. The most important thing to do is to locate an attorney with expertise in mesothelioma. A reputable law office will offer a free consult 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 victims have won significant awards at court. These awards are often higher than the settlements offered by asbestos trust funds or mesothelioma. Asbestos victims have been compensated for many reasons that include the psychological and physical damage caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung diseases and lung damage than those who do not work with asbestos. This is why a number of law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This allowed them to make a profit and gain recognition for their skills. However, this approach did not serve mesothelioma sufferers well. Many of these firms took on more cases than they could handle and did not provide the appropriate medical support and representation that mesothelioma patients deserve. Insurance companies and defendants employed other strategies in order to combat asbestos claims. For instance the insurance industry claimed that asbestos sufferers should be required to prove that the specific asbestos they were exposed to was responsible for their condition. This was a direct assault on the principle of joint and multiple liability, which allows the plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants. This approach was met with fierce opposition from mesothelioma patients and their lawyers, who argued that it was unfair for asbestos victims to be required to prove the root of their illness in order to recover damages. This could deter patients from filing lawsuits with reliable law firms and make them settle for less than the case is worth. In the end, the House of Lords sided with the victims and rejected the arguments of insurers. This ruling did not impact the huge sums of money paid by the insurance industry to asbestos victims. It is essential to choose an asbestos compensation firm that is known for its expertise and skill. Thompsons Solicitors has run, and won, more asbestos compensation 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 Asbestos lawsuits differ from most toxic tort suits because they result in serious injuries that have permanently altered the lives of people who were exposed 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, brain, and heart. The cancer can take years to manifest and victims are often forced to live with the knowledge of their death. Many of those who have been affected by asbestos have endured an immense amount of financial hardship since they were forced to sell their homes, pay medical bills, and make other costly adjustments to their lives. In recent years however numerous families have filed lawsuits against asbestos-related companies and suppliers. This is because the law allows people to seek compensation for damages even after their companies have filed for bankruptcy. After paying billions of dollars in settlements to asbestos victims, a number of these companies were forced to retire or shut down. There are still a lot of plaintiffs who wish to bring legal action against the remaining companies. The number of asbestos lawsuits has actually increased. Certain cases are being used to benefit certain attorneys and their clients. For example, a judge in New York City recently made a ruling that reversed the long-standing policy against punitive damages in mesothelioma lawsuits. This was on the advice of an attorney for Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients. This was a single instance, but it drew the attention of many. Many believe this case is a sign of the fraudulent 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 may help restore some balance to the system. If you've been diagnosed with mesothelioma, or another asbestos-related illness, there is no reason to delay seeking legal counsel. The most reputable mesothelioma lawyers will give you a no-cost consultation to discuss your case and determine the best way to proceed. Asbestos claims can take several months to process, so you need an attorney who is knowledgeable about the complexities and the best way to achieve results.