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Asbestos Litigation Cases – Individual Versus Class Action In some cases plaintiffs are seeking individual lawsuits, rather than an action in a group. Individual lawsuits can offer greater compensation for mesothelioma and other asbestos-related diseases. Scientists have proven that asbestos exposure can cause lung diseases and damage. Because mesothelioma sufferers have a latency time of 40-50 years, it could take an extended time for patients to develop the disease. 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 federal and state courts started investigating asbestos cases, 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 plaques in the pleura. Many companies that mined, produced and supplied asbestos-based products were aware of the dangers, but omitted or hid from these risks. Many asbestos companies declared bankruptcy due to lawsuits brought by victims and family members. The majority of companies that filed for bankruptcy set asbestos trust funds to compensate victims. While the majority of asbestos-related claims settle out of court, a small number of cases go to trial. In these instances, judges tend to be skeptical of the defendants' arguments. They are often able to give large verdicts to victims. Asbestos attorneys have successfully moved thousands of cases through the process of trial and obtained significant verdicts for mesothelioma sufferers. However, the complexities of an asbestos case can make it difficult to be successful. In a case involving asbestos plaintiffs must prove that their condition was directly caused by exposure to asbestos in the workplace. This requires a complete database of the workers, their workplaces and their employers' names, the products they used, their suppliers and vendors. The process of developing this information can take years particularly if the victim's history of work is complicated. Interviewing family members and coworkers as well as abatement employees suppliers, and other people who could be accountable may be required. Expert witness testimony is required to prove that asbestos-related illnesses have occurred. Norfolk asbestos attorney are usually doctors who have completed training in the diagnosis and pathology of asbestos-related illnesses, and have reviewed the medical records of a patient. This is particularly important in mesothelioma cases, where the disease can be extremely difficult to detect. The defendants can also try to discredit experts based on their qualifications 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 causes mesothelioma and other diseases. The First Case Asbestos claims differ from other personal injury claims. Inhaling asbestos fibers can lead to a rare disease called mesothelioma or other asbestos-related illnesses. These types of injuries are often caused by exposure at certain work sites, such as power plants, shipyards and construction projects. Asbestos lawsuits are filed in a class-wide manner and not in a single instance. This permits plaintiffs to file a lawsuit against multiple defendants, and receive compensation from various sources. A seaman exposed to asbestos on a British vessel in 1927 filed the first mesothelioma lawsuit. The victim developed mesothelioma after inhaling asbestos particles emitted during the construction of ships at Harland and Wolff Plc, a company that manufactured naval vessels for the Royal Navy and other clients. Another case was filed by an employee at the dock who contracted mesothelioma after exposure to asbestos emitted from the factories in which he worked. The victim's widow filed an action against five companies which included Union Carbide and Montello Inc., who both produced asbestos-containing valves for oil rigs as well as other industrial processes. Other cases were followed. In 1973 the Fifth Circuit Court of Appeals found asbestos manufacturers strictly liable for any workers' injuries (Borel v. Fibreboard). The decision boosted the number of asbestos-related claims, putting asbestos manufacturers on notice that they would face litigation over their products. Lawyers for a plaintiff in an asbestos lawsuit have to comprehend the complex chain of exposure. This includes establishing the victim's exposure, mesothelioma diagnosis, and identifying potential defendants. It is also crucial to ensure that the lawsuit is compliant with the federal and state laws that are relevant to asbestos litigation. This includes laws that govern asbestos disclosure procedures. The most important thing to do is to locate an attorney with experience with mesothelioma. A reputable law office will provide a no-cost consultation and will review the client's medical records related to asbestos in order to determine eligibility for a asbestos lawsuit. The Second Case Asbestos victims have received significant awards at court. These awards are usually more than the settlements provided by mesothelioma or asbestos trust funds. Asbestos sufferers have received compensation for many reasons that include the physical and psychological damages caused by asbestos exposure. Researchers found that those who worked with asbestos were more likely to suffer lung diseases and damage than those who didn't work with it. In the end, many law firms that had 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 to mesothelioma patients. The firms were able to take on more cases than they were able to manage and did not provide the medical support and representation that mesothelioma sufferers need. The defendants and insurance companies also used other tactics in order to combat asbestos claims. For instance, the insurance industry argued that asbestos sufferers should be required to prove the specific asbestos they were exposed to caused for their illness. This was a direct assault on the concept of joint-and-several liability, which allows plaintiffs to be held accountable for all damages that result from asbestos exposure by multiple defendants. This idea was met with a spirited opposition from mesothelioma sufferers and their lawyers, who claimed that it was unfair for asbestos victims to be required to prove the exact cause of their illness to claim damages. This could also deter victims from filing lawsuits with reliable law firms and force them to settle for less than the case is worth. In the final decision the House of Lords sided with the victims, and dismissed the insurers' arguments. However, this ruling did not affect the huge sums of money paid to asbestos victims by the insurance industry. This is why it is crucial to select an asbestos compensation law firm that is known for its skill and expertise. Thompsons Solicitors has run, and won, more asbestos claim cases than any other UK law firm. We were also responsible in 1972 for bringing to court the first asbestos compensation case that was successful. The Third Case Asbestos cases differ from other toxic tort cases because they result in serious injuries that have permanently affected the lives of those who were exposed to a fatal carcinogen. Mesothelioma is a type of cancer that affects tissues that surround internal organs such as the lungs. The cancer may also spread to the abdominal cavity and chest wall, heart and brain. Because the disease can take years to manifest, sufferers are often faced knowing that their condition is end-of-life. Many of those who have been affected by asbestos have experienced an immense amount of financial hardship, as they have been forced to sell their homes, pay medical bills, and make other expensive adjustments to their lives. In recent years, however 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. Many of these companies have been forced to retire and close after paying billions of dollars in settlements to asbestos victims. There are still a lot of plaintiffs who want to pursue the remaining companies. In fact the number of asbestos lawsuits has risen. Some of these cases are being used to benefit certain lawyers and their clients. For example a judge in New York City recently made an order that reversed a longstanding policy against mesothelioma lawsuits that award punitive damages. This was done on the advice of a lawyer for Garlock Gasket, a bankrupt asbestos manufacturer who has been sued by more than 30 mesothelioma sufferers. This was only one instance, but it caught the attention of many. Many people think the case is an indicator of the unsavory practices that are typical in asbestos lawsuits. The corruption scandal surrounding former New York Assembly Speaker Sheldon Silver has brought more scrutiny to the connections between trial lawyers and politicians, which may help bring balance to the system. If you've been diagnosed with mesothelioma or another asbestos-related illness, there's no time to lose in seeking legal advice. The best mesothelioma lawyers will give you a no-cost consultation to discuss your situation and determine the best way to proceed. The process of submitting an asbestos claim can take several months, therefore it is vital to engage an attorney who understands the complexities involved and how to achieve results.