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Asbestos Litigation Cases – Individual Versus Class Action In some instances plaintiffs are seeking individual lawsuits instead of an action in a group. Individual lawsuits can provide greater compensation for injuries caused by asbestos and mesothelioma. Scientists have proven that exposure to asbestos can cause lung disease and damage. It can take many years for mesothelioma victims to develop the disease because of its 40-50 year latency time. The History of Asbestos Litigation Asbestos suits are the longest-running mass torts in U.S. history. It was not until the 1970s that federal and state courts began taking asbestos cases into consideration, following medical research identified asbestos exposure as a cause of various diseases including mesothelioma, lung cancer, and various other illnesses such as asbestosis, pleural thickening, and pleural plaques. Many companies that mined asbestos, made asbestos-based products, and sold asbestos products were aware of the dangers, but downplayed or ignored them. As a result, numerous asbestos companies went bankrupt due to lawsuits brought by families of victims. The majority of companies that filed for bankruptcy set up asbestos trust funds to compensate to victims. Fort Wayne asbestos lawsuit of asbestos-related cases are heard. In these cases, judges are often skeptical of defendants' arguments and will award large verdicts to the victims. Asbestos lawyers have successfully navigated thousands of cases through the court process and obtained significant verdicts for mesothelioma victims. However, the complexities of a case involving asbestos can make it difficult to win. In a lawsuit involving asbestos plaintiffs must prove that their illness is directly caused by exposure to the dangerous substance. This requires a database that links workers, their workplaces as well as their employers, the products they used, and their suppliers and vendors. This can take many years, especially if a victim's employment history is complicated. It could involve interviews with coworkers, family members, abatement workers, suppliers, and other parties that might be responsible. The evidence in an asbestos case also requires expert witness testimony to back claims of asbestos-related illness. These expert witnesses are often doctors who have been trained in the diagnosis and pathology of asbestos-related diseases and have reviewed a patient's medical records. This is especially crucial in mesothelioma cases where the disease can be very difficult to detect. Defendants can also try to discredit experts by pointing out their background or qualifications. In recent years, defendants have been challenging the scientific consensus that mesothelioma is caused due to asbestos. The First Case Asbestos claims are different from other personal injury claims. The lawsuits concern a rare illness that's caused by breathing in tiny fibers, and later developing mesothelioma, or another asbestos-related disease. These kinds of injuries are typically caused by exposure at 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 various sources. The first mesothelioma lawsuit was filed in 1927 by a seaman exposed to asbestos while working on a British ship. The victim developed mesothelioma after breathing asbestos particles that were released during the construction of vessels at Harland and Wolff Plc, an organization that made naval vessels for the Royal Navy and other clients. A dock worker filed a claim in the early 1990s, after suffering from mesothelioma after exposure to asbestos released by the factories in which he worked. The victim's widow filed an action against five companies which included Union Carbide and Montello Inc. which both made 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 strictly liable for any injuries to workers (Borel v. Fibreboard). The decision has increased the number of asbestos-related lawsuits. As a result, asbestos manufacturers were put on notice that they could be sued for their products. Lawyers for a plaintiff in a lawsuit involving asbestos need to be aware of the complex chain of exposure. This involves establishing the victim's exposure and mesothelioma diagnosis, as in identifying the potential defendants. It also involves making sure that the lawsuit is compliant with federal and state laws. regulations that govern asbestos litigation, including the ones that govern asbestos discovery procedures. One of the most crucial actions is choosing an attorney who specializes in mesothelioma cases. A reputable law office will offer a free consult and will review the client's medical records relating to asbestos in order to determine if they are eligible for a asbestos lawsuit. The Second Case Asbestos patients have received substantial payouts in court, which are often higher than what they would receive from a mesothelioma settlement offer or asbestos trust fund claim. Asbestos sufferers have been awarded compensation for many reasons including the psychological and physical harm caused by asbestos exposure. Researchers have proven that asbestos workers are more likely to suffer from lung disease and lung damage than those who do not work with asbestos. In the end, many law firms with extensive experience in asbestos litigation filed a large number of mesothelioma lawsuits. It was a method to be recognized and earn money. This approach was not beneficial for mesothelioma patients. These firms took on many more cases than they were able to handle and didn't provide the medical support and representation mesothelioma sufferers deserve. Insurance companies and defendants have employed various strategies to fight asbestos claims. For example, argued that asbestos victims must show that the asbestos to which they were exposed to was the cause for their health. This was an attack on the concept of joint and several liability, which permits one plaintiff to be held responsible for all damages that result from exposure to asbestos by multiple defendants. Mesothelioma patients as well as their attorneys were strongly opposed to this method. They claimed that it was unfair to insist that asbestos patients to prove the exact reason for their condition before they could claim damages. This could deter patients from filing lawsuits with reliable law firms and force them to settle for less than the case is worth. The House of Lords ultimately sided with victims and rejected the arguments of the insurers. The decision did not affect the huge sums of money that insurance companies pay to asbestos victims. It is essential to choose an asbestos compensation firm that has a reputation for proficiency and competence. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We were also responsible for the first asbestos compensation claim to court in 1972. The Third Case Asbestos cases differ from most toxic tort suits because they result in serious injuries that have irrevocably changed the lives of those who were exposed to a dangerous carcinogen. Mesothelioma is a cancer of the tissues around organs inside, including the lungs. The cancer may also spread to the abdominal cavity and chest wall, heart and even the brain. The disease can take a long time to manifest and victims are often forced to be aware of their terminal condition. Many of those who have been affected by asbestos have endured an immense amount of financial hardship because they've been forced to sell their homes, pay medical bills, and make other costly adjustments to their lives. In recent years, however many mesothelioma patients' families have taken to suing the suppliers and manufacturers of asbestos products. The law allows for compensation to be sought even if a company has filed for bankruptcy. Many of these firms have been forced to close and retire after paying billions of dollars in settlements to asbestos victims. But there's still a large number of plaintiffs who wish to sue the remaining companies. The number of asbestos-related lawsuits has actually increased. Certain cases are being manipulated to benefit certain attorneys and their clients. For instance a judge from New York City recently made an order that reversed the long-standing policy against mesothelioma lawsuits involving punitive damages. This was done on the request of an attorney representing Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by more than 30 mesothelioma patients. Although it was a single case, it has drawn the attention of a lot of observers. Many believe the case is a good indication of the fraudulent practices that are typical in asbestos lawsuits. The corruption scandal involving former New York Assembly Speaker Sheldon Silver has brought more attention to the connections between trial lawyers and politicians. This may help to bring some balance to the system. If you've been diagnosed with mesothelioma, or another asbestos-related illness, there is no time to lose in seeking legal representation. The most reputable mesothelioma lawyers will provide you with a no-cost consultation to talk about your case and determine the best path to take. Asbestos claims can take several months to process, which is why you need an attorney who knows the intricacies and how to get results.