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Asbestos Litigation Cases – Individual Versus Class Action In certain cases plaintiffs are seeking individual lawsuits, rather than a class action. Individual lawsuits can offer greater compensation for mesothelioma or other asbestos-related diseases. Scientists have proven that exposure to asbestos can lead to lung disease and damage. Because mesothelioma sufferers have an estimated latency of 40-50 years, it could take an extended time for patients to develop the illness. The History of Asbestos Litigation Asbestos suits are among the longest-running mass torts in U.S. History. It was not until the 1970s when federal and state courts started investigating asbestos cases, following medical research identified asbestos exposure as a cause of various diseases, including mesothelioma and lung cancer, and other illnesses like asbestosis, pleural thickening, and pleural plaques. Many companies that mined, made and supplied asbestos products knew of the dangers, but ignored or minimized the dangers. As a result, numerous asbestos companies filed for bankruptcy due to lawsuits filed by families of victims. The majority of companies that declared bankruptcy set up up asbestos trust funds to pay victims. Although the vast majority of asbestos-related lawsuits settle out of court, a small number of cases go to trial. If this happens judges are usually skeptical of defenses and often award large verdicts for victims. Asbestos lawyers have been able to successfully move thousands cases through the court process and obtained significant verdicts for mesothelioma patients. However, the complexities of a case involving asbestos can make it difficult to win. In a lawsuit for asbestos plaintiffs must show that their illness is caused directly through exposure to asbestos, a dangerous substance. This requires a database that connects workers, their workplaces as well as their employers, the products they used and their suppliers and vendors. The process of developing this information can take years particularly if the victim's history of work is complicated. Interviewing co-workers and family members Abatement employees suppliers, as well as other people who might be responsible could be necessary. Expert witness testimony is also required to prove that asbestos-related diseases have occurred. The majority of these experts are doctors with training in the pathology of asbestos-related diseases, and who have analyzed an individual's medical records. This is particularly important for mesothelioma cases, which is a difficult disease to diagnose. Defendants may also attempt to discredit experts by arguing their credentials or qualifications. In recent time, defendants have been challenging the scientific consensus that mesothelioma can be caused by asbestos. The First Case Asbestos claims are different from other personal injury claims. The lawsuits are based on an uncommon illness that is caused by breathing in the tiny fibers, and later 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. Asbestos lawsuits are filed in a class-wide fashion and not separately. This allows plaintiffs to file a lawsuit against multiple defendants and receive compensation from a variety of sources. A seaman exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma due to asbestos dust inhalation during the fabrication of naval vessels at Harland and Wolff Plc. The company made naval vessels for clients like the Royal Navy. Another early case was filed by a dock worker who developed mesothelioma following exposure to asbestos from the factories where the worker worked. Oklahoma City asbestos attorney filed a suit in federal court against five companies including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil industrial processes, rigs, and other industrial processes. Other cases began to follow. In 1973, the Fifth Circuit Court of Appeals declared asbestos manufacturers accountable (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of asbestos-related lawsuits, and asbestos manufacturers were notified that they could be sued for their products. Lawyers representing the plaintiff in a lawsuit involving asbestos need to comprehend the complex chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis as well in identifying the potential defendants. It also involves making sure that the lawsuit is compliant with state laws and federal regulations pertaining to asbestos litigation, such as the ones that govern asbestos discovery procedures. The most important step is to locate an attorney who has expertise in mesothelioma. A trusted law firm will provide free consultation and a review of the medical records of the patient that relate to asbestos to determine eligibility for a lawsuit involving asbestos. The Second Case Asbestos sufferers have gotten significant settlements in court. These awards are usually higher than the settlements offered by mesothelioma or asbestos trust funds. Asbestos victims have been compensated for various reasons, including the psychological and physical damage caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer from lung diseases and lung damage than those who don't work with it. As a result, a number of law firms with vast experience in asbestos litigation filed huge volumes of mesothelioma cases. It was a method to gain recognition and make money. However, this approach did not benefit mesothelioma patients 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 stop asbestos claims. For example the insurance industry claimed that asbestos sufferers must be required to prove the specific asbestos they were exposed to was the cause for their condition. This was an attack on the concept of joint and several liability, which allows a single plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants. Mesothelioma patients and their attorneys were strongly against this strategy. They claimed that it was unfair to require asbestos sufferers to prove the root reason for their condition before they can claim damages. This could also deter victims 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. The ruling did not affect the massive sums that insurance companies pay to asbestos victims. This is why it is essential to select an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors has run, and won, more asbestos compensation 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 cases are different from the majority of toxic tort suits because they result in serious injuries that have forever affected 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 lungs. The cancer can also spread to the abdominal cavity and chest wall, heart and brain. The disease can take a long time to develop and victims are often forced to be aware of their death. Asbestos has caused financial hardship for many asbestos victims who have had to sell their homes, pay medical expenses and make other significant changes to their lives. In recent times numerous families have filed lawsuits against asbestos product manufacturers and suppliers. The law permits compensation to be sought even if the company has filed for bankruptcy. After paying billions of dollars in settlements to asbestos victims, a number of these companies were forced to shut down or close. There are still many plaintiffs seeking to pursue 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. For instance a judge in New York City recently made an order that reversed the long-standing policy against mesothelioma lawsuits that award punitive damages. This was done at the request of the lawyer representing Garlock Gasket, a bankrupt asbestos manufacturer that has been sued by more than 30 mesothelioma patients. Although this was a single instance, it has attracted the attention of many observers. Many believe that the case is an indicator of the deceitful tactics that have become common in many asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial lawyers and politicians. This may help to bring some balance to the system. It is important to seek legal advice immediately if you've been diagnosed as having mesothelioma, or any other asbestos-related disease. The best mesothelioma attorneys will provide a no-cost consultation to discuss your situation with you and determine the best strategy for you. Asbestos claims can take several months to process, so you need a lawyer who knows the intricacies and how to get results.