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Asbestos Litigation Cases – Individual Versus Class Action In some cases, plaintiffs are pursuing individual lawsuits instead of the traditional class action. Individual lawsuits can provide greater compensation for mesothelioma or other asbestos-related injuries. Scientists have established that exposure to asbestos causes lung damage and disease. Because mesothelioma has an estimated latency of 40-50 years, it can take long for patients to develop the illness. The History of Asbestos Litigation Asbestos lawsuits are among the longest running mass tort in U.S. history. It was not until the 1970s that state and federal courts began taking asbestos cases into consideration, following medical research found links between exposure to asbestos and various diseases, including mesothelioma and lung cancer, and various other illnesses such as asbestosis, pleural thickening and plaques in the pleura. Many companies that mined, made and supplied asbestos-based products were aware of the dangers, but ignored or hid from these dangers. Many asbestos-related companies filed for bankruptcy because of the lawsuits brought by the victims and their family members. The majority of the companies that declared bankruptcy set up asbestos trust funds in order to pay victims. While the vast majority of asbestos-related claims settle out of court, a small amount of cases go to trial. In these cases, judges tend be skeptical of the defendants' arguments. They often give substantial verdicts to the victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and have secured significant verdicts for mesothelioma victims. However, the complexities of an asbestos lawsuit can make it difficult to win. In a lawsuit involving asbestos plaintiffs must prove that their illness is directly caused by a company's exposure to the dangerous substance. This requires a thorough database linking workers, their work sites and their employers' names, the products they used, their suppliers and vendors. This can take many years, especially if the victim's employment history is complex. It may involve interviewing co-workers, family members and abatement workers, as well as suppliers and other parties who could be involved in the case. The evidence in an asbestos case also requires expert witness testimony to support claims of asbestos-related illness. 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 especially important in the case of mesothelioma which is a difficult disease to diagnose. The defendants may also try to undermine experts by pointing out their credentials or qualifications. In recent times defendants have challenged the scientific consensus that mesothelioma can be 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 injuries typically result by exposure to asbestos at certain work sites, such as power stations, 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 permits the victims and their families to file a single lawsuit against multiple defendants and receive compensation from multiple sources of funds, resulting in lower legal fees. The first mesothelioma case was filed in 1927 by a seaman who had been exposed to asbestos while working on the deck of a British ship. The victim contracted mesothelioma after breathing asbestos particles that were released during the construction of 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 an employee at the dock who contracted mesothelioma following exposure to asbestos emissions from the factories where the worker worked. The victim's widow filed an action against five companies, including Union Carbide and Montello Inc. Both of them produced asbestos-containing valves for oil rigs and other industrial processes. Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers to be completely liable (Borel v. Fibreboard) for any injuries to workers. The decision increased the number of asbestos-related lawsuits. As well, asbestos manufacturers were put on notice that they could be sued for their products. Lawyers representing a plaintiff in a lawsuit involving asbestos need to comprehend the complex chain of exposure. This includes establishing the victim’s exposure, mesothelioma diagnosis, and identifying potential defendants. It is also about making sure that the lawsuit is compliant with state laws and federal regulations that pertain to 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 a no-cost consultation and will review the client's medical records relating to asbestos to determine whether they are eligible for a asbestos lawsuit. The Second Case Asbestos sufferers have won significant awards in the courts, which are usually higher than what they receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos victims have received compensation for a variety of reasons, including physical and psychological injuries caused by asbestos exposure. Researchers have found that asbestos workers are more likely to develop lung disease and lung damage than those who do not work with asbestos. As a result, many law firms with a wealth of experience in asbestos litigation filed a huge number of mesothelioma lawsuits. Canton asbestos lawsuits was a method to gain recognition and make money. But, this method did not benefit mesothelioma patients well. These firms took on many more cases than they could handle and did not offer the medical support and representation mesothelioma sufferers deserve. The defendants and insurance companies have also employed other strategies to stop asbestos claims. For instance, the insurance industry argued that asbestos sufferers must be required to prove the specific asbestos they were exposed to was responsible for their illness. This was a direct attack on the principle of joint and multiple liability, which allows plaintiffs 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 would be unfair for asbestos sufferers to be required to prove the cause of their illness in order to claim damages. This would also discourage victims from bringing cases with reliable law firms and force them to accept less than what their case is worth. In the end, the House of Lords sided with the victims, and dismissed the arguments of insurers. The ruling did not affect the large sums of money paid by the insurance industry to asbestos victims. It is essential to choose an asbestos compensation company with a good reputation for competence and expertise. Thompsons Solicitors have handled and won more asbestos compensation cases than any other 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 other toxic tort cases because they involve serious injuries that have permanently altered the lives of people 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 chest wall, abdominal cavity and even the brain. Because the disease can take years to manifest, patients must often live in the knowledge that their condition is end-of-life. Many of those who have been affected by asbestos have endured a great deal of financial burdens, since they were forced to sell homes and medical bills and make other expensive changes to their lives. In recent years, however there have been numerous lawsuits filed by families against asbestos product suppliers and manufacturers. The law allows 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 shut down or close. But there are still plenty of plaintiffs who wish to sue the remaining companies. The number of asbestos claims has actually increased. Certain cases are being used to benefit certain lawyers and their clients. A New York City judge recently overturned a policy that had been in place for a number of years to prevent punitive damages when it comes to mesothelioma lawsuits. This was at the request of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma victims. While this was only one instance, it has attracted the attention of many observers. Many believe that the case is an indicator of the unsavory practices that are commonplace in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the links between trial lawyers and politicians, which could help bring balance to the system. You should seek legal representation immediately if you've been diagnosed with mesothelioma or another asbestos-related disease. The most effective mesothelioma lawyers will offer a free consultation to discuss your situation with you and determine the best way to proceed. Asbestos claims can take several months to be processed, so you need a lawyer who is knowledgeable about the complexities and how to get results.