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Asbestos Litigation Cases – Individual Versus Class Action In certain cases plaintiffs choose to pursue individual lawsuits rather than group actions. Individual lawsuits may provide more compensation for mesothelioma or other asbestos-related injuries. Scientists have established that exposure to asbestos can cause lung damage and causes disease. It can take several years for mesothelioma patients 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 torts in U.S. History. It was not until the 1970s when federal and state courts started taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various illnesses, including mesothelioma, lung cancer, and other illnesses like asbestosis, pleural thickening and plaques of the pleura. Many companies that mined, made and supplied asbestos products knew of the dangers, but ignored or downplayed these risks. As a result, many asbestos companies went bankrupt under the weight of lawsuits filed by families of victims. Vancouver asbestos lawsuit of companies that declared bankruptcy set up up asbestos trust funds to pay victims. While the majority of asbestos-related claims settle out of court, a small percentage of cases are brought to trial. In these cases judges are generally skeptical of defendants' arguments and often award large verdicts to the victims. Asbestos lawyers have successfully pushed thousands of cases through the court system and have secured significant verdicts for mesothelioma sufferers. However, the complexities of a case involving asbestos can make it difficult to be successful. In an asbestos case, plaintiffs have to prove that their condition was directly caused by exposure to asbestos in the workplace. This requires a thorough database linking workers, their work sites, their employer's names, the products they used, suppliers and vendors. The process of constructing this information could take a long time especially if a victim's work history is complicated. It could involve interviews with coworkers relatives as well as abatement workers, suppliers and other parties who could potentially be responsible. Expert witness testimony is required to support claims that asbestos-related diseases have occurred. Expert witnesses are typically physicians who have received training in the diagnosis and pathology of asbestos-related diseases, and have reviewed the medical records of a patient. This is particularly important in the case of mesothelioma which is a difficult disease to diagnose. Defendants can also try to discredit experts through their credentials or background. This is a troubling trend that has been observed in recent years, as defendants are increasingly challenging the worldwide 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. These injuries are often caused from exposure to asbestos at certain work sites, such as power stations, shipyards, and construction projects. Asbestos lawsuits are filed in a group-wide manner and not separately. This allows plaintiffs to bring a lawsuit against multiple defendants and receive compensation from a variety of sources. A man who was exposed to asbestos on an British vessel in 1927 filed the first mesothelioma suit. The victim developed mesothelioma as a result of 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. A dock worker filed a case in the early 1990s after suffering from mesothelioma after exposure to asbestos released by factories he worked in. The widow of the victim filed a lawsuit against five companies, including Union Carbide and Montello Inc. which both made asbestos-containing valves for oil rigs as well as 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 ruling increased the number of asbestos-related claims. It also put asbestos manufacturers on notice that they would be sued 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 crucial to ensure that the lawsuit is in line with the federal and state laws that pertain to asbestos litigation. This includes the laws that regulate asbestos disclosure procedures. One of the most crucial steps is choosing an attorney that specializes in mesothelioma lawsuits. A reputable law firm will offer a no-cost consultation and examine the medical records of the client related to asbestos in order to determine whether they are eligible for a lawsuit against asbestos. The Second Case Asbestos patients have received substantial settlements in the courts, which are usually more than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons including the physical and psychological damages caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung diseases and lung damage than those who don't work with it. This is why a number of law firms with extensive experience in asbestos litigation filed a huge number of mesothelioma lawsuits. This was a method for firms to earn money and earn recognition for their expertise. However, this approach 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 fight asbestos claims. For example, argued that asbestos victims must prove that the asbestos they were exposed to was the cause for their health. This was an open 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 caused by multiple defendants. This strategy was met with fierce opposition from mesothelioma sufferers as well as their lawyers, who claimed that it would be unfair for asbestos victims to be required to prove the exact cause of their illness in order to claim damages. This could also deter victims from bringing cases 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 insurers' arguments. However, this decision did not affect the large amounts of money that was given to asbestos victims by the insurance industry. It is essential to choose an asbestos compensation firm that has a 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 before the court the first asbestos compensation case that was successful. The Third Case Asbestos cases are different from most toxic tort suits because they involve serious injuries that have irrevocably altered the lives of people who were exposed to a dangerous carcinogen. Mesothelioma is a cancer of the tissues around internal organs, such as the lung. Cancer can also spread into the chest wall, abdominal cavity, brain, and heart. Since the disease can take decades to manifest, sufferers have to live knowing that their condition is terminal. Many of those who have been affected by asbestos have experienced many financial burdens, because they've been forced to sell their homes and pay medical bills and make other expensive changes 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 damages compensation even after their companies have filed for bankruptcy. Many of these companies were forced to retire and close after paying billions in settlements to asbestos victims. However, there are a lot of plaintiffs who wish to sue those that remain. The number of asbestos lawsuits has actually increased. Some of these cases are being used to benefit certain attorneys and their clients. For instance a judge in New York City recently made a ruling that reversed an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was done in response to a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma patients. Although it was a single instance, it has attracted the attention of a lot of observers. Many people believe the case is an indicator of the fraudulent tactics that have become common in many asbestos lawsuits. The corruption scandal surrounding the former New York Assembly Speaker Sheldon Silver attracted more attention to the connections between trial attorneys and politicians. This could help bring some stability to the system. It is important to seek legal advice immediately if diagnosed as having mesothelioma, or another asbestos-related disease. The best mesothelioma attorneys will offer a no-cost consultation in order to discuss your case with you and decide on the best strategy for you. Asbestos claims can take months to process, so you need a lawyer who is knowledgeable about the complexities and the best way to achieve results.