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Asbestos Litigation Cases – Individual Versus Class Action In some instances, plaintiffs prefer to pursue individual lawsuits rather than group actions. Individual lawsuits can offer greater compensation for mesothelioma as well as other asbestos-related injuries. Scientists have proven that exposure to asbestos can lead to lung damage and cause lung disease. It can take several years for mesothelioma sufferers to develop the disease due to its 40-50 year latency period. 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 when medical research linked asbestos exposure to diseases such as mesothelioma and lung cancer. Many companies that mined, produced and supplied asbestos products knew of the dangers, but ignored or minimized the risks. Many asbestos-related companies filed for bankruptcy due to lawsuits brought by victims and their family members. The majority of the companies who filed for bankruptcy put asbestos trust funds in order to pay victims. While the vast majority of asbestos-related lawsuits settle out of court, a small amount of cases go to trial. When this happens judges are usually skeptical of the defense and often award large verdicts to victims. Asbestos lawyers have successfully moved thousands cases through the court system and have secured significant verdicts for mesothelioma patients. Bellflower asbestos attorneys of asbestos lawsuits can be difficult to win. In a case involving asbestos plaintiffs must prove that their condition was directly caused by the company's exposure. This requires a database that connects workers, their work locations as well as their employers, the products they used and their suppliers and vendors. This can take many years, particularly if the victim's work history is complex. It could involve interviews with coworkers, family members as well as abatement workers, suppliers, and other parties that could be involved in the case. Expert witness testimony is required to support claims that asbestos-related diseases have occurred. The majority of these experts are doctors with training in the asbestos-related pathologies and who have analyzed an individual's medical records. This is especially crucial in mesothelioma cases, where the disease can be very difficult to diagnose. Defendants may also attempt to discredit experts by attacking their backgrounds or professional qualifications. In recent time defendants have challenged the scientific consensus that mesothelioma is caused by asbestos. The First Case Asbestos claims differ from other personal injury claims. Asbestos fibers inhalation can cause mesothelioma, a rare condition or other asbestos-related diseases. These kinds of injuries are usually caused by exposure to certain job sites, including shipyards, power plants and construction projects. Asbestos lawsuits are filed in a class-wide fashion, not individually. This allows plaintiffs to bring an action against several defendants, and receive compensation from different sources. A seamstress exposed to asbestos on the deck of a British vessel in 1927 filed the first mesothelioma suit. The victim was diagnosed with mesothelioma following inhaling asbestos-containing particles when constructing ships at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients. A dock worker filed a claim in the early 1990s after developing mesothelioma from exposure to asbestos released by the factories where he was employed. The widow of the victim filed a lawsuit against five companies which included Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs as well as other industrial processes. The cases that followed were not the only ones. In 1973, the Fifth Circuit Court of Appeals declared asbestos manufacturers accountable (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 be sued over their products. Lawyers representing a plaintiff in a lawsuit involving asbestos must comprehend the intricate chain of exposure. This includes determining the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It also requires ensuring that the lawsuit complies with state laws and federal regulations pertaining to asbestos litigation, such as the ones that govern asbestos discovery procedures. One of the most crucial steps is to choose an attorney who is specialized in mesothelioma lawsuits. A reliable 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 victims have won significant awards at court. These awards are typically greater than the settlements offered by mesothelioma or asbestos trust funds. Asbestos sufferers have been awarded compensation for many reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to develop lung disease and lung damage than those who do not work with it. In the end, many law firms that had extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. This allowed them to make a profit and earn recognition for their expertise. This approach was not beneficial to mesothelioma patients. Many of these companies were able to handle more cases than they could handle, and did not provide the appropriate medical support and representation that mesothelioma patients need. The defendants and insurance companies employed other strategies to fight asbestos claims. For instance 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 condition. This was a direct attack on the principle of joint-and-several liability, which permits a plaintiff to be held accountable for all damages resulting from exposure to asbestos by multiple defendants. This approach was met with fierce opposition from mesothelioma sufferers and their lawyers, who claimed that it was unfair for asbestos sufferers to have to prove the root of their illness to recover damages. Additionally, it would dissuade victims from filing claims with reputable law firms and potentially force them to settle their cases at a lower price than they should. In the final decision the House of Lords sided with the victims, and dismissed the arguments of insurers. However, this ruling did not affect the massive sums of money paid to asbestos victims by the insurance industry. It is important to choose an asbestos compensation company with a good reputation for 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 successful asbestos compensation case. The Third Case Asbestos lawsuits differ from most toxic tort suits because they cause serious injuries that have irrevocably altered the lives of people who were exposed to a deadly carcinogen. Mesothelioma is a form of cancer that affects the tissues that surround internal organs such as the lung. The cancer can also spread to the abdominal cavity as well as the chest wall, heart and the brain. Since the disease can take years to manifest, sufferers are often faced with the knowledge that their condition is fatal. Many who have been affected by asbestos have suffered a great deal of financial hardship since they were forced to sell their homes and pay medical bills and make other costly changes to their lives. In recent years, however many mesothelioma patients' families have taken to suing the suppliers and manufacturers of asbestos products. This is because the law allows people to seek compensation for damages even after their businesses have 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's still a large number of plaintiffs who wish to sue those that remain. The number of asbestos claims has actually increased. Certain cases are being manipulated to benefit specific lawyers and their clients. A New York City judge recently reversed a policy that was in effect for many years against punitive damages related to mesothelioma lawsuits. This was done in response to a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims. This was a single instance, but it caught the attention of a lot. Many believe that this case is a sign of the fraudulent strategies that are now common in many asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the connections between trial lawyers and politicians, which could help bring balance to the system. If you've been diagnosed with mesothelioma or an asbestos-related illness, there is no time to waste in seeking legal representation. The most reputable mesothelioma attorneys will offer a free consultation in order to discuss your situation with you and decide on the best course-of-action. The process of filing an asbestos claim can take many months, therefore it is crucial to work with an attorney who is familiar with the complexities involved and knows how to obtain results.