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Asbestos Litigation Cases – Individual Versus Class Action In certain cases, plaintiffs prefer to file individual lawsuits over class actions. Individual lawsuits may provide more compensation for injuries resulting from asbestos and mesothelioma. Scientists have established that asbestos exposure can cause lung damage and causes disease. It could take a long time for mesothelioma victims to develop the disease because of the 40-50 year time frame of latency. The History of Asbestos Litigation Asbestos suits are the longest running mass tort in U.S. history. Federal and state courts only began to process asbestos cases in the 1970s, following research that linked asbestos exposure to diseases such as mesothelioma and lung cancer. Many companies that mined, made and supplied asbestos-based products were aware of the dangers but omitted or minimized the risks. As a result, numerous asbestos companies went bankrupt under the weight of lawsuits brought by victims and their families. The majority of companies that filed for bankruptcy created asbestos trust funds as compensation to victims. A small number of asbestos-related cases are heard. In these instances, judges tend to be skeptical of the defenses of the defendants. They often award large verdicts to victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and obtained significant verdicts for mesothelioma sufferers. However, the complexity of an asbestos lawsuit can make it difficult to win. In a case involving asbestos, plaintiffs have to prove that their condition was directly triggered through exposure to asbestos by the company. This requires a database that connects workers, their work locations, their employers, the products they used, and their suppliers and vendors. This process can take many years, especially if the victim's work history is complex. Interviewing family members, coworkers Abatement employees suppliers, as well as other parties who might be responsible could be required. The evidence in an asbestos case also requires expert witness testimony to support claims of an asbestos-related illness. The majority of these experts are doctors who have been trained in the asbestos-related pathologies and who have analyzed the medical records of an individual. This is particularly important in mesothelioma-related cases, as the disease can be extremely difficult to detect. The defendants may also try to discredit experts by attacking their credentials or qualifications. In recent time, defendants have been challenging the scientific consensus that mesothelioma is caused by asbestos. The First Case Asbestos cases are unique from other types of personal injury claims. Inhaling asbestos fibers can lead to mesothelioma, a rare condition or other asbestos-related diseases. These kinds of injuries are usually caused by exposure at certain workplaces, including shipyards, power plants and construction projects. Unlike some other types of civil litigation, asbestos lawsuits are filed on a group-wide basis rather than being filed individually. This allows victims to bring a lawsuit against multiple defendants, and to receive compensation from different sources. Worcester asbestos lawsuits was filed in 1927 by a seaman who had been exposed to asbestos while working on an British ship. The victim contracted mesothelioma after breathing asbestos particles that were released when constructing vessels at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients. Another case that was filed by a dock worker who was diagnosed with mesothelioma after exposure to asbestos from the factories in which the worker 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 rigs, industrial processes, and other industrial processes. Other cases followed. In 1973 the Fifth Circuit Court of Appeals held asbestos manufacturers strictly liable (Borel v. Fibreboard) for any injuries to workers. The ruling increased the number of asbestos-related claims. It also put 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 involves establishing the victim's exposure as well as mesothelioma diagnosis, as well in identifying the potential defendants. It is also about making sure that the lawsuit is compliant with the state laws and federal regulations that govern asbestos litigation, including those that govern asbestos discovery procedures. One of the most important actions is choosing an attorney that specializes in mesothelioma cases. A reputable law firm will offer an initial consultation for free and will review the client's asbestos-related medical records to determine if they are eligible for a lawsuit involving asbestos. The Second Case Asbestos sufferers have won significant awards in court, which are often higher than what they would receive from a mesothelioma-related settlement offer or asbestos trust fund claim. Asbestos victims have received compensation for a variety of reasons, including physical and psychological harms caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer lung diseases and lung damage than those who do not work with asbestos. As a result, a number of law firms with years of experience in asbestos litigation filed large mesothelioma lawsuits. It was a way to be recognized and earn money. However, this strategy did not work for mesothelioma sufferers well. These companies took on more cases than they could handle and didn't provide the medical assistance and representation that patients suffering from mesothelioma deserve. The defendants and insurance companies have also employed other strategies to stop asbestos claims. For instance, believed that asbestos victims must demonstrate that the asbestos they were exposed to was the cause for their illness. This was an attack on the principle of joint and multiple liability, which allows one plaintiff to be held accountable for all damages that result from exposure to asbestos by multiple defendants. This strategy was met with fierce opposition from mesothelioma sufferers and their lawyers, who claimed that it would be unfair for asbestos victims to to prove the cause of their illness to recover damages. This could also deter victims from bringing lawsuits against reliable law firms 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. However, this ruling did not affect the large sums of money paid to asbestos victims by the insurance industry. It is crucial to select an asbestos compensation firm that has a reputation for expertise and skill. Thompsons Solicitors have handled and won more asbestos cases than any other law firm. We were also the ones responsible for bringing before the court the first asbestos compensation case that was successful. The Third Case Asbestos lawsuits differ from other toxic tort cases because they involve serious injuries that have irrevocably altered the lives of people who were exposed to a dangerous carcinogen. Mesothelioma is a kind of cancer that affects the tissues surrounding internal organs, such as the lung. The cancer can also spread to the chest wall, abdominal cavity as well as the brain and heart. The disease can take a long time to develop and victims are often forced to endure the knowledge of their death. Many who have been affected by asbestos have experienced many financial hardship because they've been forced to sell homes, pay medical bills, and make other expensive changes to their lives. In recent years, however, many families have sued asbestos product manufacturers and suppliers. The law allows for compensation to be sought even if a company has filed for bankruptcy. After paying billions of dollars in settlements to asbestos victims, a lot of these companies were forced to retire or shut down. But there's still a large number of plaintiffs who wish to sue those that remain. The number of asbestos claims has actually increased. Some of these cases are being used to benefit certain lawyers and their clients. For instance a judge in New York City recently made a ruling that reversed the long-standing policy against punitive damages in mesothelioma lawsuits. This was at the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients. It was only one instance, but it caught the attention of many. Many believe the case is an indication of the shady methods that have become a regular feature in a variety of asbestos lawsuits. The corruption scandal that surrounded the former New York Assembly Speaker Sheldon Silver brought more attention to the connections between trial attorneys and politicians. This may help to create some balance in the system. You should seek legal counsel immediately if you've been diagnosed with mesothelioma or another asbestos-related illness. The best mesothelioma lawyers will provide you with a no-cost consultation to talk about your case and determine the best way to proceed. The process of filing an asbestos claim can take many months, therefore it is vital to work with an attorney who understands the intricacies involved and knows how to get results.